The Federal Supreme Court has referred a dispute over labor benefits between a marketing manager and his employer to the Court of Appeal for review again after overturning a ruling that did not count 10% of the sales and purchases he was making in his favor.
In a detail, a marketing manager filed a lawsuit against the company he worked for, claiming 10% of the sale and purchase transactions, explaining that under a contract he signed in 1997, he agreed with the company, the defendant, to act as a real estate marketing and public relations representative, for a midwife year. The contract guarantees a maturity of 10% for each sale or purchase, and that he made many sales and purchases worth more than five million dirhams, but the company declined to pay, demanding his employer that It also pays him 227,036 dirhams for his labor benefits.
His employer filed a counterclaim, demanding that the plaintiff be obliged to pay her AED 374 thousand with a delay interest rate of 12% as she stated that she agreed with him to work for her as a sales manager from 1998 for a period of three years and was renewed for similar periods, most recently in June 2010. A serious mistake was in carrying out a similar activity, which was terminated in January 2014, and had previously received amounts of money in which the amount claimed was deducted, and the Court of First Instance ordered the employer to pay the plaintiff an amount of AED 811,625, with Delay interest of 9% from the date of the claim until full payment, amount of 14 In the counter-claim, he is obliged to pay his employer an amount of AED 407 thousand with a delay interest of 9% from the date of the claim until full payment.
The Court of Appeal then annulled the interest rendered by the judgment in all cases, amended it to the amount claimed in favor of the plaintiff and made it 188,400 dirhams and supported it otherwise, and rejected the appeal of the plaintiff, who appealed the judgment.
The Federal Supreme Court overturned the verdict, stating that the employer had argued that the lawsuit had not been heard over time with respect to the plaintiff's labor rights based on the text of article 6/3 of the Labor Law within the scope of the lawsuit filed by the plaintiff requesting the award of his labor dues. (1) of the Federal Civil Transactions Act, which stated that “the case shall not be heard at the time of denial and that there is no legitimate excuse if five years have elapsed” and apply it to the right claimed in the lawsuit filed by the plaintiff regarding his request for a 10% judgment on the sale and purchase process under the contract. Concluded between him and the defendant and arranged However, the lawsuit in respect of the lawsuit is not heard in part of the claimed right as set forth in its reasons, since the defendant did not insist on hearing under the aforementioned article 475/1, but another provision (article 6/3) of the Labor Code, The court shall not enforce the above-mentioned provision 475/1 because the payment is not related to public order.