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Legal consultation By Abdelaal A Khalil Thursday, 28 July 2011 01:18
Question: A person is surprised to be informed by a court of a date for a hearing. After checking out the matter, he found that one of the credit companies, which issued him a credit card through its representative, has filed a civil action against him claiming the total amount of credit card allotted to him. He failed to pay just one of the monthly installments because he has been through difficult circumstances and he was regular in repayment. He cannot pay the full amount of the visa, what should he do?
Answer :
Question: An employee spent two years in work and wants to submit his resignation after the end of the third year and want to know about the benefits that he can obtain if he resigns?
Answer:
Question: What are the administrative and judicial procedures to be followed when a worker objects to the administrative and disciplinary sanctions issued to him by the employer?
1. Grievance to the employer:
The worker is entitled to appeal to the employer within seven days after becoming aware of the decision issued against him and the employer must look into the appeal within seven days from the date of submission. The lapse of this period without deciding means the grievance has been rejected.
2. Complaint to the Department of Labour:
In case the employer refused the grievance of the employee, or he took no action within seven days from the date of submission, the employee may submit his grievance to the Labour Department. During seven days from the date of rejection and the Department of Labor must take action on the complaint within seven working days from the date of submission. Its decision is final, and the lapse of this period without a decision on the appeal means it has been rejected.
3. Challenging the administrative penalty:
If the worker’s grievance submitted to the employer and the Department of Labour is rejected, the employee may appeal the administrative or disciplinary penalty before the competent court without the any fees.
Question: What is the difference between the end of service benefits, annual bonus and annual leave?
Answer:
One must refer to the copy of the employment contract to know the duration of annual leave, where he gets not less than 21 days paid holiday with tickets annually or every two years according to contract. The end of service benefit must not be less than 21 days for each year of continuous service according to the Labour Code, awarded at the end of the services whether through dismissal or resignation, and note that these rights represent the minimum for a worker according to the Labour Law No. 14/2004.
As for the annual bonuses, they represent an annual grant to the company’s staff based on the annual profits in the budget settlement at the end of each year. Estimated internally, accounting for a month or two months salary or governed by the rules of company procedure.
The employer must pay the end of service gratuity to the worker, who spent a year or more at work. End of service bonus is according to the agreement between the parties provided that it is not less than three weeks pay for each year of service. The worker is entitled to remuneration for year’s fractions by his time in service, and the last basic wage of the worker is considered as a basis for calculating the bonus.
At the end of the contract, the employer must award the worker in accordance to his request and without any fees, a certificate of service indicating the date of work and end date, the type of work he performed and the amount of pay he was receiving in addition to giving back all documents, certificates, or other papers belonging to the worker.
The employer must return to the worker to the place where he was first hired him at the time of joining work or to any other place, the two parties’ agreement. If the worker joins another job before leaving the country, commitment to return him to his country moves to the latter employer.
This is a specialty of civil law and special conditions set forth in the agreement between the company issuing the loan and the client. A condition has been set allowing the company to demand full payment of the credit card amount in case of failure to comply with any portion of the regular monthly installments.I recommend that when the person attends the court, he must ask to be given time to review the total amount claimed and provide a note explaining his economic circumstances that prevented him from regular payment. He also must express his readiness to pay the amount in installments according to the discretion of the court.