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End-of-service dues calculated from first working day

Onus of obtaining employment visa on sponsor

Gulf News

Question: I have worked in a private school as a teacher for more than three years. Initially, I was provided a visit visa by the school and began working. It took more than six months for my sponsor to get me an employment visa.

Presently, I have submitted my resignation and asked them to settle my end-of-service dues, but the school management has refused to consider the visit visa period of my employment. I am told that my first working day started the day the employment visa was issued. I have a filed a complaint with the Ministry of Labour. Since the school has refused to settle my dues, my complaint has been forwarded to the competent court.

How wil the court consider my starting date? Is it from the day I started working on the visit visa or the date my employment visa was issued? Is my first salary received from the school through my bank not proof enough of my starting date?

Answer: The court will consider the questioner’s actual employment date as the date she actually started working regardless of whether the employment visa was issued or not. The questioner can prove she started working before the employment visa was issued by submitting the bank statement (showing salary). The appointment letter issued by the school is also proof of employment.

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