Termination of Labour Contract:
In this post I am trying to answer the queries with regard to the Termination of Labour Contract. (Click on the questions for answers)
7. I worked with the employer for two years and my contract is limited by (3) years and I obtained a work opportunity at another place. Is the employer entitled to deduct (45) from my dues for non- completion of the contract of employment?
17. I have worked during the notice period of one month after I have submitted my resignation letter… And after the notice period has expired, my employer asked for an extension of the notice period without any reason. Shall he have the right to do the same?
18. I have submitted my resignation letter to my employer, knowing that I am working under unlimited labour contract besides, we have already, me and my employer agreed to reduce the notice period, what shall be my legal position in such a case?
19. How can the month notice allowance be calculated if the worker has submitted his resignation letter or if the employer has terminated the service of the worker…and the worker has already done his duties during the said period?
20. I have worked with my employer for a period of one year under a labour contract of Unlimited period, yet I have submitted my resignation letter… and I have worked during the notice period of one month, but it was stipulated in my labour contract that if I submitted my resignation, I should work for 3 month as a notice period…Do I need to be bound to such condition?
22. In case the employer has terminated the worker’s unlimited labour contract and didn’t ask the said worker to work during the notice period; or if he has reduced the notice period, then what shall be the legal action towards such case?
23. A worker was terminated by the employer after the former has worked for 11.5 months…whereas the employer has paid him the value of the one month notice period, do such worker deserves the end of service gratuity?
24. If the worker has submitted his resignation letter and was ready to work during the one month notice period…and the employer has waived such period, do such worker deserves the allowance of the one month notice period?
25. In case the worker has submitted his resignation letter and took a leave… or resigned during such leave period…shall the said one month notice period become invalid?
26. May the employer terminate the worker without notice?
27. If the employer is having a right to dismiss the worker without notice…, shall such worker have the right to leave the work without a notice?
28. My employer has dismissed me without any reason after I have passed the probation period… do such dismissal considered arbitrary?
29. If the employer has arbitrary dismissed me without presence of any reason and I am damaged due to the same…how can such damage and arbitrary dismissal be determined?
30. The employer has terminated my service due to the fact that I am not fit from the health point of view, shall he have the right to do the same?
31. Can I have the right to obtain an experience certificate after I have spent my work period with my employer?
32. I have worked with my employer, but he have sold the establishment for some other person…how can I obtain my work dues?
33. I have signed the labour contract…where it was mentioned in the said contract a term which stipulates that after the expiry of my service or during suspension of my work, I should not work with any other competing company for a period of two years?
34. I have worked with my employer under a fixed contract for a period of two years, but I didn’t complete the period of my labour contract. Now my employer wants to cancel my labour card with a ban of work for one year in a pretext that I didn’t complete the contract period?
35. I have worked with an employer with a contract of unlimited period and I didn’t worked for the notice period… shall the employer have the right to put the pan stamp on my passport?
36. Is there any exclusion with regard to the one year ban on the worker if the original employer agreed to cancel the said ban?
37. I am employed under a limited period contract for 3 years and I have asked my employer not to renew the same…then who shall pay the costs of the return ticket?
38. If I worked under limited or unlimited period contract and submitted my resignation, shall I have the right to ask for return tickets?
39. I have completed my labour contract, whereas there is a stipulation in such labour contract showing that my employer should bear the costs of my family return tickets in addition to the baggage shipping costs, have I the right to bound him to the same?
40. As for the return tickets, shall my employer have the right to return me to the capital of my home country or to the place he has already brought me from?
42. If a labour compliant has been referred to the court…from when does the period of 30 days for vacation of the accommodation shall start to go into effect?
43. How the End of Service Gratuity is determined?
44. Shall the leaves without pay be calculated within the service period?
45. I have worked with my employer for two years and 5 months…; shall the End of Service Gratuity be calculated for the parts of years?
46. Shall the End of Service Gratuity be calculated for the total salary?
47. If a worker died, shall his employer pay his End of Service Gratuity?
48. I have worked with my employer for the year 1975, i.e. before the issuance of the Labour Law in 1980; shall I have the right to claim for the End of Service Gratuity for my service period with my employer before the issuance of the Federal Labour Law in 1980?
49. Kindly show how can the End of Service Gratuity be calculated if the worker has ceased working when he is employed under unlimited Period Contract?
50. When shall the worker be banned from having the End of Service Gratuity?
51. I have worked with my employer…, whereas present in the establishment a box called the “saving box” in which the employer was used to put in it an amount of money for the account of the workers as an End of Service Gratuity…, in case I have reached my end of service period, shall I deserve to have from such amount?
52. I am working in an establishment, in which the system of pension and insurance is adopted…, in case of my end of service; shall I have the right of option between having the pension and the End of Service Gratuity?