Name withheld on request
Hereby, one of the employees wants to know the legal aspects of transfer of sponsorship, and how they can get their salaries and from whom.
The relation between employee and employer is set out in the contract signed by both parties. Moreover, the work contract adheres to labour law No 4/2004, and is certified by the Labour Department, which makes the Department legally responsible for looking into any violation of the contract. According to the labour law, any delay in payment of the salary agreed on in the contract, even for one month, is a violation of the law. In case the salary is not mentioned in the contract, the worker has the right to get his salary in accordance with work regulations, which say that the salary should be paid to the worker in person once a month, or should be transferred to his bank account on his request or with his prior approval. Employers are never exempt from paying workers’ salaries.
Therefore, we advise the employees of the company to go to the Labour Department to lodge a complaint against the company. Only the Labour Department can advise them correctly on this matter and try to settle the dispute amicably.
Any party not satisfied with the decision of the Department can go to court to claim his rights. As soon as a claim is made against the company, the process of transfer of its ownership will be stopped immediately.
The ownership of the company will not be transferred without the workers receiving their salaries and other rights and privileges.
According to the Labour Law, the salaries and perks of the labourers will get priority over other liabilities of the employer if his movable and immovable property is being sold to repay loans and other dues, including any government loan.
Regarding the transfer of sponsorship, the Sponsorship Law (No. 4 of 2009) stipulates that the sponsorship of a worker will be changed with the written agreement of his existing and new sponsors and the approval of the Labour Department. The law authorises the Minister of Labour or his representative to order temporary change of sponsorship of a worker if the worker has made a claim against his sponsor in a court and the sponsor is found guilty, or if the change of sponsorship is in the general interest. The sponsorship will be changed following a request by the worker and approval by the Ministry of Labour.
We advise the employees to file a case in court against the company claiming their overdue salaries, end of service benefits and other perks.
In this case, the employees can utilise an exception hinted in Law No. 4 of 2009. They have the right to ask for change of sponsorship without permission from their current sponsor if the new sponsor is ready to recruit them. A written request is to be submitted to the Human Rights Committee at the Ministry of Interior for this purpose.
Legal Advice: Labour lawsuit is free of charge
According to Law No. 14/2004, labour lawsuits are accepted without any fee to make it easier for the workers and to encourage them to demand their legal rights. All lawsuits filed by labourers or their heirs to get their dues according to their contract or the provisions of law are considered quickly and free of charge, and the lawsuit will expire one year after the contract ends.
Any claim for compensation for disability or death will expire one year from the date of the final medical report which proves that disability or death had occurred due to work or reasons related to the profession.
