Okaz

Threatening to fire an employee in the private sector happens when the employee is still working for the company. Usually, the owner of the business is the one who threatens the employee and terminates her contract. However, threatening an employee after firing her is unheard of, especially if the one that threatens her is the labor office, which is supposed to protect and safeguard the rights of employees.

I received a call from a female employee who was fired from her job last month. She said in pain, “I received the termination letter which stated that my employment contract was terminated at the end of September. Earlier, the female principal of a school sent me a short email asking me to confirm if I was interested in working for the school. I replied that I was interested. I even reported to work and performed my duties. All of a sudden my contract was terminated.”

I suggested that the employee send a grievance letter to the principal within 15 days, then file a complaint at the labor office. I pinpointed several reasons that could be used to cancel the decision to terminate her. However, she called me again a few days later to tell me that the labor office said that the principal’s decision was legal and the termination of the contract was legal as well. She was disappointed because the labor office told her she did not deserve any compensation and that the SMS messages could not be used as evidence or proof.

I suggested again that she should request that her case be referred to the first instance commission. She said in a sad voice, “The labor office gave me a one-week notice to accept the decision or sign an undertaking whereby I promise to pay the remuneration of the employer’s lawyer if I lose the case.”

This undertaking aims to send a message to the employee: either you accept the amicable solution or bear the expenses if you choose to escalate the case. It is a threat that shakes the confidence of employees in the system and gives employers the upper hand. I do not understand on what basis the labor office told the employee that she had to bear the costs of a lawyer if she lost the case. As far as I know, lawyers are appointed free-of-charge in such cases. The labor office is supposed to be the last resort for employees and is meant to guarantee their rights.

My message to this female employee is: I cannot tell you to go on with the case although there are huge legal loopholes in it. Your voice showed how worried and scared you were about the undertaking. Therefore, raise your hands up and pray to God because He will get you justice.