Business Law Essay Example | Topics and Well Written Essays - 1000 words - 2

Business Law - Essay Example The primary concern of the questioner is whether his concern can be referred to the court. The other two concerns are: 1. Position of the concerned court with respect to end-of service gratuity for the previous period of the visa. 2. Salary difference of the actual received and mentioned in the labour contract. Response: Al Shaiba clarified about the right of questioner that he has full right to get compensation based on his actual employment duration which is three years. Regarding the salary difference, Labour Law calculates the compensation based on the current salary drawn by the employee. Therefore, both the concerns addressed clarify that the employee shall get his case referred under the concern court through the Ministry of Labour. Query#2: Gratuity Calculation The questioner worked in a company under unlimited contract for one year before tendering his resignation. Questioner has two queries: 1. The end of service gratuity was calculated on the basis of 21 days salary. 2. If the questioner is legally entitled for a return ticket to his home country as the contract was signed in the home country. Response: Al Shaiba gave the reference of Article No 137 of the Federal Labour Law No.8 of 1980. This article clarifies the doubt of the respondent. The article states, "Where a worker under an indefinite term contract abandons his work at his own initiative after a con ­tinuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years and to the full severance pay if it exceeds five years". The second doubt is clarified that the employee is entitled to get the return tickets to home provided he returns back to home country and does not work with a new employer. Query 3: Arbitrary Dismissal This is a case of dismissal of an emp loyee who was working for his company from more than two years. The nature of the contract was for unlimited period. The employee received dismissal due to his absence from work for five consecutive days without excuse, 6th day he was present at work but again 7th and 8th day he went absent. The dismissal was justified under pursuant of the Article n. 120 (Labour Law) and employee was explained that he was not entitled to end-to service gratuity even after producing medical report for the absence period. The queries were: 1. Questioner wanted to know the Article 120 in detail. 2. Questioner wanted to clarify what should he do if the dismissal is not in conformity of the Article no.120 of the Labour Law 3. If there is no conformity; could he get reinstated by his company under legal obligation of Ministry of Labour/Competent court? Answer: The article No.120 of the Federal Labour Law No.8 of 1980 is as follows: "An employer may dismiss a work ­er without notice if and only if the w orker: 1. Assumes a false identity or na ­tionality or submits forged certificates or documents; 2. Is engaged on probation and is dismissed during or at the end of the probationary period; 3. Commits a fault resulting in sub ­stantial material loss to the employ ­er, provided that the latter notifies the labour department of the inci ­dent within 48 hours of his becoming aware of its occurrence; 4. Disobeys instructions on