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Wednesday 11 March 2009 (14 Rabi` al-Awwal 1430)
 

Law and You by Mohammed Jaber Nader
 
 

M.S.K. I worked for a company for about five years and then resigned. I asked my employer to release me instead of sending me back home. I found another job and my employer issued a transfer letter to the company that I was going to join. Later I worked for the new employer for two months. This change of job did not bring any changes in my life, so I decided to go back home although my sponsorship had not yet been transferred. When I reported to my previous employer that I want to go to my home country and I need a one-way ticket, he refused to give it to me saying I am not entitled to it because I had opted to get the sponsorship transferred instead of going home. Do I have the right to get my one-way air ticket from my previous company because I am still under their sponsorship? Please explain.

You had an agreement with your former employer, which you are bound to follow, even though your papers have not been processed. You should have given more thought before you concluded this agreement. Nevertheless, on the paper and in front of the authorities, your ex-employer is responsible to pay for your trip back to your country. If you go to court you may win, but it could take up to two years of litigation. Is this air ticket worth your time, effort and expense? Better find another way out.
 

M.J.S.K. I am working in a reputable construction company. Sometimes the company asks us to do overtime during public holidays. What about the overtime payment for the work during holidays (Fridays and Eid holidays). Is it the same as overtime on normal days — 1.5 times the normal hourly rate — or should it be more than the normal overtime rate?

It is the same. Remember, you need written instructions from your company to be entitled to overtime payment. Otherwise, you may be considered as having volunteered to work without pay. But if you are working in the capacity of a manager with authority in management, then you are not entitled to overtime pay. See Article (108) of the Labor Law for more details.
 

T.P. I was working with a company and went to my home country on vacation two months ago. When I returned I learned that I had been fired on Feb. 15. I was not informed of this decision. My question is: From which date will the termination of my contract be effective?

Terminating your service during your vacation without giving you a reason is illegal and unethical. You may consider yourself still employed, and if your company insists on the termination you may complain to the Labor Office in your area. Unless the company can justify on legal grounds what it has done, it will have to pay you for every day you are out of work.
 

M.M.A. I will complete six years with my company upon the conclusion of my third contract. How will my company calculate my End-of-Service Benefit (ESB)? I know that for the first five years the company pays half of the monthly salary. But will this half be based on my basic salary or on the gross salary?

Your ESB for the first five years will be calculated on the basis of your Last Monthly Wage (LMW), which is you salary plus all other allowances, if any, such as housing, food and transportation. You get half of the LMW for each of the first five years of service. For the following years, your ESB will be a full LMW, for each year of service.


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