A reader in Dubai asks: I was working for contracting company for the last eight months. Due to so-called financial problem, the management wanted to restructure manpower and therefore terminated me last month without giving me two months’ notice as per my labour contract. I was working in my home country for more than five years before I had left that job and joined this company.
The Dubai company offered me only one month salary and one month time to find a new job. They have refused to provide me other rights. I understand that as per law one has to get three months’ salary. Please let me know if I’m entitled for the air ticket and for a two month notice salary that I can expect as per the UAE Labour Law? Do I get three months compensation from the labour court? In addition to the unfair termination, my company is also refusing to provide meair ticket to go home. They say I’m not entitled for an air ticket because I did not complete one year service. The company says this is according to the UAE law. Please advise.
I would like to clarify to the questioner that if he can prove in the labour court that the company terminated him arbitrary then the said court will pass a judgement that the employee should get compensation for arbitrary dismissal which is about three months salary (maximum). The salary compensation is determined by the competent court ranging from one to three months on the basis of the period of service of the terminated employee. Therefore, the employee might be entitled to a compensation for a period of maybe a one month since the employee had not been working with the company for a long time. Regarding other rights, the employee is also entitled for a two months’ notice salary plus a return ticket to his home country if he has decided to leave the UAE. Finally, according to the UAE Labour Law, it is not obligatory for an employee to complete one year of service before he/she is entitled to get an air ticket back to their home country.
A reader from Dubai asks: I am currently working for a company in Dubai under an outsource visa (Visit visa). It’s been four months and due to personal reasons at work I want to resign. I got better offers but could not take it since they are not allowing me to leave the company. As per my offer letter I can resign during the probationary period giving seven days’ notice. In my case I can’t report to the Ministry of Labour and make a complaint because I’m not under a company visa. Please advise.
Both the questioner and the company are in violation to UAE Labour and Immigration Law. Therefore I would like to advice the visitor to immediately leave work so as not to be subjected to a penalty, imprisonment and deportation. On the other hand, the company will also not be able to object or report the matter to the Ministry of Labour if the questioner leaves work, since the company is also in violation of the labour law having employed someone while on a visit visa. The company manager will be subjected to the same mentioned punishment if he tries to lodge a complaint against the questioner.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
