Question:
I have been working in a private company for two years on a commission basis without salary. My question: I have currently applied for maternity leave. My question: Do I have the legal right to ask for this leave? How maternity leave allowance is calculated and how long is this leave? For two years, I have been taking my annual leave without pay. Do I have the right, according to the labour law, to claim annual leave allowance for a period of two years? Please advise.
Answer:
I would advise the following:
You have the right to request for maternity leave since you are working for the company with an official employment relationship. The female worker, according to Article (30) of the Federal Law no. 33 of 2021, shall be entitled to a maternity leave of (60) sixty days, according to the following:
a. The first (45) forty-five days with full wage; and
b. The following (15) fifteen days with half wage.
You shall be also entitled to the annual leave because the employer, according to Article (29) of the above mentioned law, may not prevent the worker from benefiting from his annual leave accrued for more than two years, unless the worker wishes to carry it forward or receive a cash allowance for it, in accordance with the regulations in force at the establishment and the Implementing Regulation hereof.
Moreover, being on a maternity leave or absent from work as mentioned in Article (30) shall not prejudice the female worker’s right to obtain the annual leave.
The wage of both leaves will be calculated on the same method of Calculating the Wages of Workers on Piecework Basis stated in Article 23 of the law (“The daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the (6) six months preceding the request or claim regarding any issue related to the wage.”)
