4 yrs of working without vacation to my country!!

naphy
By naphy

Hi I been working in hotel for 3 yrs and 8 months. Without going to vacation to my country. and now the hotel is close and they give me a release unfortunately I did not find a job and want to go home to my country.

The hotel said I'm the one who will pay for my ticket not them. Because I am the one who want's to go home. So they will not pay for my ticket.

Here is my Questions.
1) Who is the one who should buy my ticket? Me or the hotel? Because they close I am not resigning my job.

2) Seen's I am not taking my vacation for 3 yrs and 8 months I ask them If they will give me the money for the ticket that I supposed to used every 2 yrs.. (Seen's I am not going to vacation they not spend a penny for my ticket)
They said they will not give the money for my ticket for the past 3 yrs and 8 months. because I did not use it. So the ticket is cancel because I did not use it.. But they not even try to buy me a ticket.. So I thought when I finish my contract I can get this money.

Please I need an answer urgent because where going to complain to labor regarding my problem..

By drsam• 1 Jul 2013 18:19
drsam

angelo, he didn't move to a new job.

in case he moved to a new job,

-the new sponsor becomes responsible for paying him a return ticket (same article of the law)

- but the new sponsor is not responsible for the workers past unpaid leave days or end of service in the earlier job.

this is true if the change of sponsor is final (using NOC). this is not true in case of i3ara (the old sponsor "rents" the worker to work temporarily (6month-1 year max) with another sponsor.

By Angelo• 1 Jul 2013 18:05
Angelo

drsam, from what he has mentioned, he took the NOC went to another company and then since he does not like the job? whats to return home, is he still entitled to the benefits as mentioned by you?

Just asking to educate myself.

By Angelo• 1 Jul 2013 17:59
Angelo

If your company is like the one I work for,

1) If we do not take our leave, the ticket for the year is forfeit, and carry over leave days is 50%.

2) In your case you took the NOC from your company and hence they close your file.

3) If you have completed your contract period with the new company then the new company should give you the ticket, however, if you have not completed the contract period, ticket and expenses are yours.

By drsam• 1 Jul 2013 17:07
drsam

sorry it's 154 not 144

you should get basic salary/30 x 154

for the 77 unpaid leave days, and the 77 end of service gratuity.

note that in case they refused to give you your annual leavedays, then they are counted as overtime, and must be further multiplied by 1.5 (150% extratime in articles 78 and 75)

By drsam• 1 Jul 2013 17:04
drsam

Article 81

The worker shall be entitled to payment in lieu of his annual leave ... if the contract is terminated for any reason before the worker takes his leave.

Article 57

Upon termination of the service of the worker the employer shall at his cost return ... the non-Qatari worker to his home country within a period not exceeding two weeks from the expiry date of the contract.

you have minimum 21x3 + 14 = 77 UNPAID LEAVE days: they should pay you basic salary/30 x 77 for these unpaid leave days AND your END OF SERVICE gratuity of also 77 days. so it's basic salary/ 30 x 144

and they should repatriate you on their cost.

By soldier2• 1 Jul 2013 14:52
soldier2

for 4 yrs no vacation, no ticket but still laughing!... beauty.

By naphy• 1 Jul 2013 14:06
naphy

Hahaha I laugh when I read it.. Yeah I am a Philippines not from India..

They give me a release already but seen's I dont want to work anymore and decided to go to my country. They said they will not give me a airline ticket.

This is what happen the hotel is closed seen's feb. 1, 2013 they give me a release and I try to find a job and find one but I don't like the job there so I did not continue. now I want to go home to my country and my VISA is expired last month. And they said they will not give me an airline ticket seen's I am the one who want to go home. And they don't want to give an NOC either..

By hms• 1 Jul 2013 13:40
hms

GG, I thought Indian, my big mistake, please go to Phil embassy,

Thanks GG.

By gypsy gal• 1 Jul 2013 13:35
gypsy gal

HMS... philipinos cant go to Indian Embassy with complaints..:)

By hms• 1 Jul 2013 13:32
hms

Your company has to arrange your ticket, what is there in your contract, otherwise approach Indian embassy and complain in labour department.

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