I WANT TO RESIGN FROM MY WORK DUE TO MISTREATMENT LIKE WORKING 13 HRS DUE TO NEGLINGENCE BY MANAGEMENT ON TRANSPORTATION HENCE THEY DONT PAY ME OVERTIME IN THIS CASE CONTRARY TO ARTICLE 4 ,A,B,C OF MY CONTRACT WHICH FAVOURS ME PLEASE ADVICE ME ON THIS?
Peternz, first you have to stick to what you signed. Only if it contradicts the Labor Law you can fight at court. That means, as long as an agreement does not make you behave unlawful I don't see too much chances for you. And that's when I always say: read the contracts and compare them to the Labor Law before you sign them. For example, an employer cannot deny you gratuity and paid leave, even if it is not mentioned in the contract. He can increase the amount and the holidays but he can not go with less. He can also ask you for a 2 or 3 month notice. Once you sign it, it binds you.
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:-
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods:
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
I am sorry to read this ,,just have a look at the contract of employment you might have signed while joing for specific terms,,,normally it is reasonable notice,ie 30 days ,,,
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Peternz, first you have to stick to what you signed. Only if it contradicts the Labor Law you can fight at court. That means, as long as an agreement does not make you behave unlawful I don't see too much chances for you. And that's when I always say: read the contracts and compare them to the Labor Law before you sign them. For example, an employer cannot deny you gratuity and paid leave, even if it is not mentioned in the contract. He can increase the amount and the holidays but he can not go with less. He can also ask you for a 2 or 3 month notice. Once you sign it, it binds you.
Hi Magic Dragon, so good to see the actual real information.
But what happens if different clauses are in the contract?
Can you contract out of the Labour Law?
E.G. a 2 month notice period. Particularly interested in Probationary period where 1 week is the contract?
Article (49) Labor Law
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:-
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods:
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
One month unless your contract states otherwise. You need to issue a formal letter of resignation to activate the resignation time.
mostly its one month but then again it will depend on the contract you signed
I am sorry to read this ,,just have a look at the contract of employment you might have signed while joing for specific terms,,,normally it is reasonable notice,ie 30 days ,,,