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Legal consultation by Abdelaal A Khalil Thursday, 26 May 2011 00:22
What are the legal procedures to be followed to ban a debtor from travelling? How can the debtor lift this ban if travel is important?
Article No. 405 of the Civil and Trade Procedures Law and amendments stipules that:
The creditor can ask the Implementation Judge to ban the debtor from travelling in case he fears that he may escape or smuggle his money.
The debtor can appeal against the ban or demand to cancel the sentence in case he deposits the debt value in the court treasury, presents an adequate insurance or if there is a strong ground for cancellation.
A hotel worker informs that whenever a staff member from his company resigns, he/she is made to pay the equivalent of two months’ salary while he is supposed to receive those benefits at the end of their service. He is surprised that his colleagues pay double their salary to the employer if they are to resign, and therefore wishes to be informed of the procedures to be followed when submitting his resignation.
Answer
Article No. 49 of the Labour Law No. 14/2004 states that the worker and employer may terminate the contract without giving any reasons. If the employment contract is of indefinite duration, provided that party wishing to terminate the contract is obligated to notify the other party in writing as follows:
1. For workers who are paid annually or monthly, a notice is sent before termination of the contract no later than one month if the service is five years or less. If it is more than five years, the notice period is at least two months.
2. For other cases, notification is directed in accordance with the following dates:
• If the length of service less than one year, notification period shall be of one week’s notice at least.
• If the length of service is more than one year and less than five years the duration of the notification is at least two weeks.
• If the length of service is more than five years the duration of the notification is at least a month.
Employer must pay the worker full wages for the duration of the notification, if the worker had operated as usual.
Is it legal to rent one’s own trade register to others, and is it contrary to laws?
Answer
Act No. 25/2005 of the law regarding the Trade Register indicates that without prejudice to any severer penalty provided for by law, it is punishable by imprisonment for a term not exceeding six months, and a fine not exceeding fifty thousand riyals, or either of these penalties any person who is registered in the Commercial Register, if he enabled others to exploit his commercial registration. It also bans others from the exploitation of commercial registration not owned by them, or falsely mentions such an article in the commercial register. The Court rule is to erase the registration from the commercial register, and the closure of the shop, or stop its activity for a period not exceeding one year.
How can an employer notify the employee of the administrative retribution or disciplinary action, and what is the solution if the worker is absent from work or refrained from receipt of the notification?
Answer:
Labour Law No. 14/2004 indicates of the need for the employer to notify the employee about the action against him in writing. If the employee declined to receive the notification the penalty can be announced in a visible place in the workplace and, if the worker is absent he/she can be informed through registered mail at his address according to his file.