A reader asks: I work in the Dubai private sector and have completed 10 months in service. My company has not given me a copy of the labour contract signed with me. Is this a violation of the labour law? Second, according to the terms of the labour contract, I am entitled to accommodation and other benefits, but the company is refusing to honour the agreement. Can I resign on these grounds? Third, the company made me sign an undertaking that if I resigned before the end of my labour contract, I will have to pay compensation to the company. Is this legal?
The questioner may obtain a copy of the labour contract at the Ministry of Labour, or at any typing centre that deals with the ministry. However, the employer’s failure to give the questioner a copy of the contract is a violation of the law. As for the question on benefits, the employer is bound by labour law to adhere to the clauses stipulated in the labour contract. As such the employee should file a complaint before the Ministry of Labour. With regard to payment of compensation if the questioner terminates the contract prematurely, if the contract is a limited one, the questioner is required to compensate the employer for a period not exceeding 45 days of salary or the remaining period of the contract. If the contract is an unlimited period one, enforcing the compensation clause depends on a court’s discretion. The court will look into the damages caused to the employer by the employee’s action. Article 7 of the UAE Labour Law states: “Any stipulations contrary to the provisions of this law, even if made prior to its commencement, shall be null and void unless they are more advantageous to the worker”.
Finally, I would advise the questioner not to resign right now as he has only completed 10 months in service. If he resigns, the employer might ask the Ministry of Labour to impose a one-year ban on him.
End-of-service benefits
A reader asks: I have worked in a company for more than five years under a limited contract. I resigned last month after the expiry of my contract, but I am yet to receive my end-of-service benefits. My company has offered me Dh10,000, but I consider this amount unfair as my dues work out to much more. My company has produced a letter with my signature on it that claims that I have received all my dues. I am sure that I did not sign such a letter. In case I cannot arrive at an amicable settlement and decide to file a complaint before the Ministry of Labour, how long will the process take? Will the ministry force me to accept the amount offered in the event of the company producing the letter which shows that I have received all my dues?
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 raises a claim concerning any of the rights accruing to any of them, he shall submit a request to the concerned labour department. The department shall summon the two parties to the dispute and shall take whatever steps it deems necessary to settle the dispute amicably. If an amicable settlement is not reached, the department must within two weeks from the date of submitting the request, transfer the case to the concerned court. The submission must be accompanied with a note including a summary of the dispute, arguments of the two parties and the department’s observation. The court shall, within three days of receiving the request, fix a sitting to consider the claim and the two parties shall be notified. The court may summon a representative of the labour department to explain the note. No claim of any entitlement shall be heard if brought to court after the lapse of a year from the date on which such entitlement became due, and no claim shall be admitted if the procedure stated in this article is not adhered to”.
Therefore, the above article determines two weeks for an amicable settlement without obliging any party to accept it. In case no settlement has been reached, the Ministry of Labour will transfer the complaint to the competent court. The ministry will not force the questioner to accept the company’s offer even if the employer produces the letter claiming that the questioner received his dues.
Questions answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
