I have worked in a company for a year. My services were terminated a month ago. My employer claims that the gratuity due to me will be calculated on the basis of 14 days for each year of service and not 21 days as per the law. My manager also said that as per company rules, only employees who have worked for more than three years are entitled to an air ticket back home.
On gratuity, Article 132 of the Federal Labour Law states that a worker who has completed one or more year of continuous service is entitled to severance pay on the termination of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1- 21 days’ remuneration for each year of the first 5 years of service, or
2- 30 days remuneration for each additional year of service provided that the aggregate amount of severance pay shall not exceed 2 years’ remuneration.
Finally, as per the Dubai Labour Court, the employee is entitled to an air ticket in case he is not going to join a new employer.
Unresolved labour dispute
Last month, I resigned from the company where I have been working for three years. My employer refused to pay me my dues, so I filed a complaint against him with the Ministry of Labour. I informed the ministry that I want an amicable settlement and don’t want to go to court as my case might take a long time. I need to go back to my home country urgently. My employer need to only pay my end-of-service benefits plus two months’ salary. My employer, however, insists on going to court. In case no amicable solution is reached, does the case go to court or can the ministry exercise its discretion?
As per Article 6 of the Federal Labour Law No 8 of 1980, if employees raise a claim concerning rights accruing to them within the provisions of the law, a request must be submitted to the Labour Department. The department shall summon the two parties to the dispute and try to settle the dispute amicably. The department does not have the right to force any party to accept any solution. If no amicable settlement is reached, the department must within two weeks from date of submitting the request, refer the matter to court. The submission must be accompanied with a note including a summary of the dispute, arguments of the two parties and the department’s observations. The court shall, within three days from date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified.
Questions answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
