Dues not paid
I resigned from my previous company on November 23, 2012 because the salaries were not being paid on time and the calculations for the overtime/working day off were not according to the Labor Law. I brought this to the attention of the manager/partner and he told me that all companies were doing the same and also that the store was not doing well.
So I just kept quiet and decided to find another job so as to not create trouble for myself. The day came when I got a new job and resigned on November 23, 2012. I stated in my resignation letter that I would continue to work until the end of my notice period, as is prescribed in my contract. (My contract states that I need to give a 1-month notice only.)
On December 13, I was notified verbally by my store manager that my last day would be December 14th as per the operations manager/partner. So I said I need the signed resignation letter that they wanted me to stop me, so they gave it to me.
Before that, there was a Baladiya (Municipality)issue in the store. The baladiya came and checked our ID cards. Unfortunately my yellow book, along with the card, in my other bag at home (it was supposed to be my day off because I had an interview that day and the store manager asked me to come for work). So they made out a citation, took my Civil ID number and made me sign the paper.
Now I was able to transfer to a new company and I asked my previous company for my dues. They owe me my November 2012 salary — they didn’t give it to me because I resigned plus my December salary and annual leave salary.
I sent an email to the company regarding my back pay but I didn’t get any response. I called my manager earlier today and asked him to answer my email because I don’t want to have any verbal agreement with them, the reply to me was Inshallah and that they will not pay me because of the Baladiya issue. They said it’s not their fault and that it will take 10 months to 1 year before they post the penalty.
Is there any way to recover my dues? And what steps should I take since it’s very clear they don’t want to pay me.
Name withheld
Answer: First of all you have to make a claim for these dues within one year or the issue will be time-barred. Secondly, the firm should not tie both the problems together as one does not have any relation to the other. It was a minor problem which we are sure that your company must have already cleared as you hold valid documents and any such complaint is dropped by the Municipality on resentation of these papers.
Such an issue is never prolonged as it results in non-renewal of the company’s license and with it come many other legal problems.
As such it seems that the company does not want to give your dues so the only way out for you is to file a complaint with the Labor Office in your area. The company representative will be summoned and asked to amicably resolve the issue. In case this does not happen the case will be sent to court. The Labor Office can also take the money from the deposit that firms are required to keep with the Ministry of Social Affairs and Labor.