Labor & Employment Disputes

What do we offer in this area?

• Reviewing the employment contract, entitlements and decisions related to the employment relationship
• Exploring opportunities for amicable settlement and preparing the necessary memoranda
• Following up on the labor lawsuit within the scope of the engagement

The scope of work and required documents are determined after reviewing the matter and agreeing on the engagement.

When does an employee need a labor case lawyer?

Most employees turn to a labor case lawyer after the relationship has ended, but asking early is more useful, since signing a settlement release or resignation without understanding its effect may weaken a later claim. Among the most common issues raised:

• Calculating the end-of-service award and the effect of the reason for the contract’s termination on it
• Unfair dismissal or termination of the contract without a legitimate reason
• Wages, allowances, or overtime that were not paid
• Unused leave and the service certificate

From the Wadi Platform to the Labor Court

A labor case usually begins with a settlement request via the Wadi platform of the Ministry of Human Resources and Social Development, with sessions held within a period usually of 21 working days from the first session. If conciliation fails, the file is referred electronically to the competent Labor Court, which comprises independent courts in a number of major cities and labor circuits within general courts elsewhere. Preparation steps are in the article Amicable Settlement via Wadi.

Pay attention to the limitation period, as Article 222 of the Labor Law sets a period of twelve months from the end of the employment relationship for hearing a labor lawsuit, so do not delay the claim while waiting for verbal promises.

Article 77 and the End-of-Service Award: Two Different Rights

If the contract is terminated for an unlawful reason, compensation is assessed under Article 77 of the Labor Law unless the contract specifies other compensation: fifteen days' wages for each year in an unlimited-term contract, and the wages for the remaining term in a fixed-term contract, with a minimum in both cases of two months' wages. The end-of-service award, however, is a separate entitlement calculated based on length of service, the final wage, and the reason the relationship ended, and both may be claimed together. Both are covered in detail in my articles Explanation of Article 77 and Calculating the End-of-Service Award.

What should you prepare before the labor consultation?

The employment contract and its addenda, salary statements or transfers, the termination or resignation letter, correspondence with the employer, and any warnings or investigation reports. These documents determine the wage on which the entitlement is calculated, and the date and reason the relationship ended.

Frequently asked questions

Is filing on the Wadi platform required before the Labor Court?

Amicable settlement is the first stage for labor disputes, and the request is submitted through the Wadi platform; if settlement cannot be reached, the file is referred electronically to the Labor Court to continue the hearing. It is therefore advisable to prepare the claims and documents from this stage as though they will be presented to the court, since what is submitted at this stage becomes the basis for everything that follows.

Is the end-of-service award forfeited if I resign?

It does not always lapse. Under Article 85 of the Labor Law, a resigning employee is not entitled to the end-of-service award if their service is less than two years, is entitled to one-third of it from two to less than five years, two-thirds from five to less than ten years, and the full amount after ten years. There are also cases specified by the law in which the employee is entitled to the full award despite leaving the job.

What should I do if I am asked to sign a final settlement release?

Read its text before signing, and verify the credited period of service, the final wage, and the stated reason for termination of the relationship, as well as whether it covers outstanding leave and allowances, since the settlement release may later be used as evidence that all entitlements were satisfied. If you have an objection, record it in writing, and seek advice before signing, not after.