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General principles of the rights of workers in wages and allowances
My brother worker .... My sister woman working
This paper review the most important labor rights in salaries and allowances, where the most important rights were:
1 - How to keep salary in accordance with Article 25 of Act 47 of 1978?
Workers have the right to start getting paid once they are hired, according to their rank, while the worker could have a higher salary, equal to hid previous wage, if he is re-appointed, depending on two conditions:
• Linkage between the previous period with the beginning of the re-appointment.
. The new salary doesn't exceed the previous one:
A) workers in one of the administrative department units of the State who are appointed by movement from a place to another. B) Workers of the public sector companies.
C) Workers in specific job systems.
D) Workers appointed by comprehensive rewards in units of the administrative departments of the State.
2 – Who are the appointed by comprehensive rewards when appointed in permanent jobs:
Workers appointed by comprehensive rewards, as stated by law, mean those workers who are appointed in permanent jobs. While, workers recruited on temporary contracts in units of the special nature in universities will be ousted from this category. The worker is entitled to the starting salary and allowances for the duration of the experience, if any, up to a maximum of five special bonuses, and allowances are calculated on the salary upon re-appointment.
3 - What are the possibilities for the local government projects to maintain the workers' salaries?
The local governmental projects are not allowed to save workers' salaries, as these projects are not governmental organs.
4 - What are the possibilities of combining the advantages preserved for the workers and the benefits provided in the unit, to which he was transferred from the public sector?
Article 26, in Judicial year no.47, for the year 1978, states that the Prime Minister decides, in a personal capacity, for the transferred employees, from public sector to an administrative unit, the possibility of maintaining the average received by what they were paid in the last two years. Here, we do have two components:
I: The average salary earned in the last two years prior to the transfer.
II: Allowances and benefits in the new job.
The employee gets the first item, if it is higher than the second one, where the rule of deducing the quarter of the allowances and promotions in the future is applied.
5 – Article 1 of the Finance Minister's decision No. 1925 of 1998, on the rules of the monthly payment of the grant for personnel in the administrative system of the State, units of local administration and public bodies, which states that workers of the administrative system of the State and units of local administration and public service and economic bodies, who are already presented in their jobs, are granted a monthly allowance of ten pounds, starting from the salaries of January 1999. This provision is applied on permanent and temporary workers and workers appointed with comprehensive rewards, to whom the provisions of Law No. 47 of 1978 is applied.
6 – Based on the judgment declared by the arbitral tribunal court, which was eliminated by the supreme administrative court decision of an appeal submitted before it, worker, during the period of pension, is entitled to his salary during the time of retirement. But this right does not automatically due to him, but it is subjected to other considerations, notably the right of workers to pay a corresponding duty to perform work. And as long as the worker fails to work during the period, in which he is assigned to the pension, he does not deserve to be paid.
7 - What is the concept of multiplied wage paid to worker for public holidays and vacations?
Article 63 of Law No. 47, of 1978, stated that the worker has the right of a vacation with full pay for holidays, festivals and formal occasions designated by the Prime Minister. The worker, who works in the holiday, shall be paid by double if necessary, or give in lieu of days. This is to be applied for the festivals of non-Muslim, according to resolutions of the Ministerial cabinet.
8 - In case of the refusal of the administrative quarter to hand over work to an employee, and if he could obtain a judicial decision to stop from implementing the passive administrative decision, the worker won't be entitled for wage; as wage is a result of a work. But he would be entitled to compensations and damages because of the harms he suffered due to the passive administrative decision.
9 - Age of retirement is sixty, in accordance with Article (95) of Act No. 47 of 1978, and the exception is to remain in service until age sixty-fifth, if the circumstances lead to this exception.
10 – Employee can't be forced for an obligatory early retirement at the age of 55, except at his request, where he would deserve his annual wage, determined by counting the overall remuneration (fixed and variable), and the basic incentives and rewards based on the average previous year from the date of his retirement, with the inclusion of two years to the period of contributory
11 - How to treat detained in custody or a prisoner, according to his salary?
Arrested person shall be deprived from half of his salary, from the date of suspension, where the whole issue to be presented before the disciplinary tribunal within 10 days. Non-presentation of the issue before the tribunal within the specified time entitles the worker to his full wage.
12 - What the concept of pay for patients with chronic diseases?
Article 66, for the judicial year 47, for 1975, states that patients with chronic diseases deserve a comprehensive salary (mainly and variably), which is the average of what he used to get in the year preceding his non-completion of work because of the disease. If financial rights were entitled, worker would deserve this increase.
13 The worker who obtained a judgment for the invalidity of his dismissal continues hid service, but he is entitled for compensations.
14 – Working woman is entitled to work half the time with half the wage.
On the basis of year: working six months on half pay and the absence of 6 months on half pay.
On the basis of month: 3 months work at half pay and miss 3 months with half pay.
On the basis of the Week: The work week and miss a week at half pay.
15 – Workers who work in remote places are entitled for the subsistence allowances.
* The Center calls upon all civil society organizations and syndicates, to be in solidarity with labor movements, and asking the rights of workers in a fair wage and allowance adequate to ensure their rights and a decent life.
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