End-of-service dues: what you should know

I live in Dubai. I have worked in a company for more than three years and now plan to resign. I’m sure the company will create problems with regard to my end-of-service benefits. In such a situation, if I file a case against the company with the labour ministry, how long will the ministry take to forward the file to the labour court in case no amicable settlement is reached? Do I have the right to approach the labour court directly?

Article 6 (amended) of the Federal Labour Law No 8 of 1980 states: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned Labour Department. This Department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached the said department must within two weeks from date of submitting request, submit the dispute to the concerned court.

"The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall within three days from date of receiving request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to court after the lapse of one year from the date on which such entitlement became due and no claim shall be admitted if the procedure stated in this article are not adhered to.”

Therefore, the above article determines two weeks for an amicable settlement. After this period, the ministry must forward the complaint to the competent court. Finally, the employee cannot file a direct labour case about the labour court.

I have worked in a grocery shop in Dubai for the last four years with an attested labour agreement from the Ministry of Labour. Now, my employer has terminated my services and is refusing to pay me my dues as per the labour law. He says that the labour law is only applicable to companies and not a small shop. Do I have the right to file a complaint with the labour ministry?

The labour law is applicable to any establishment or company as long as they are under the labour ministry. Therefore, the questioner has the right to file a complaint with the labour ministry in this regard.

As per the Article 6 of the Federal Labour Law No 8 of 1980, “if an employee, or worker, or any beneficiary thereof raises a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned labour department. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably”.

Such a department does not have the right to force any party to accept any solution that he does not desire.

If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving the request, fix a sitting to consider the claim and the two parties shall b notified thereof.

The labour court can force the employer to pay the dues if the judgement is in the worker’s favour.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.