Federal Supreme confirmed that it is calculated according to the basic salary

Obliging a government agency to pay 371,000 dirhams to the heirs of an employee

The Federal Supreme Court obligated a government agency to pay end-of-service dues of 371 thousand to the heirs of a non-citizen employee who worked for it for 36 years, rejecting the heirs' request regarding its calculation on the basis of the net salary, confirming that the end of service benefits are calculated according to the basic salary.

The Federal Supreme Court settled the dispute over the calculation of the employee's end-of-service bonus, leave allowance, death compensation, and furniture allowance, after the heirs filed a lawsuit, demanding the assignment of an expert to calculate the end of service benefits of their inheritor.

They said in their lawsuit that "their successor worked for a government agency as a financial controller from 1975 until he passed away in 2011, and that the employer conducted a calculation of his end-of-service benefits in violation of the law."

The court of first instance ruled to compel the employer to pay the heirs 240 thousand and 522 dirhams, which was the ruling upheld by the Court of Appeal, so the litigants challenged this court by way of cassation.

For its part, the Federal Supreme Court confirmed that the case expert appointed by the court deposited his last report, in which he concluded the calculation of the plaintiffs' inheritance according to the previous rules, and concluded that the calculation of the end of service gratuity for the first period amounted to 316 thousand and 192 dirhams, considering the basic salary of 5405 Dirhams, and the second period in the amount of 45 thousand and 200 dirhams on the last basic salary received by their inheritors, and this does not change what the heirs held, that the dues must be calculated on the basis of a salary of 16 thousand dirhams, based on the certificate of the employer on 2 / 3/2009, because the salary included in the aforementioned certificate is related to the net salary, and the end of service benefits are calculated according to the basic salary.

She indicated that the administration insisted that the employee received his entitlements from the leave, and that the plaintiffs did not specify in their request the number of stalking days that their inheritor is entitled to in exchange for his annual leave, and their request was limited to his entitlement to 108 days, so the request is unacceptable with him.

Regarding the death grant, the stipulation in Article 38/1 of Ministerial Resolution 78 of 2009 that: If the employee dies while performing the job and because of it, his heirs are entitled to compensation of 25 thousand dirhams, provided that the causal relationship between death and work is proven through Investigating the incident of death, with the result that there is a link between an event that is the cause of the work and another, which is death as an effect of it, so that the latter is the result of the first.

She pointed out that what is proven from the health authority’s testimony is that the plaintiff’s legacy died due to pneumonia, and then the death event has no connection between it and the performance of work, so the conditions for entitlement to a death grant to the heirs are not available.

Regarding the disbursement of the furniture allowance, the stipulation in Article 19 of Ministerial Resolution No. 78 referred to: A furniture allowance shall be paid in cash to the employee whose contract stipulates that this allowance will be granted to him in the second and third degrees 40 thousand dirhams, and since the contract of the plaintiffs' inheritance stipulates in Article (5) that His entitlement to this allowance, and there was no dispute between the two parties that the administration disbursed the employee 30 thousand dirhams, then the latter sacrificed a creditor of 10 thousand dirhams, and then the dues of the deceased employee were determined at 371 thousand and 392 dirhams, and 50 fils.

The management insisted that the employee got his leave due.

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