Job Performance
Questioner from Dubai asks: I worked in a company for more than two years. Presently, I am suspended by the company under the pretext of poor job performance and also not achieving my monthly target. The company did not give me my end-of-service benefits, and therefore I filed a complaint before the Ministry of Labour to claim my rights. However, the company did not pay my rights before the said ministry, because we both did not agree on the settlement proposed by the said ministry. The complaint was then referred to the court. When I appeared before the judge for an amicable settlement, in the first hearing the judge proposed for us to reconcile. I requested the judge help me get my rights as follows — my dues from two years of working, three months arbitrary dismissal allowance, ticket allowance, leave allowance. In the said hearing the judge told me that the compensation for the arbitrary dismissal with regard to my service period is one month only, and that I do not deserve return ticket, I do not understand why I do not deserve return ticket? The case was adjourned for me to think about reconciliation or otherwise to refer the case to the competent judge. My question here is, whether the reconciliation in this manner is in my interest or should I refer the case to a competent court. Please advise?
Answer: I would like to clarify to the questioner that such settlement is in his favour as the questioner’s dispute is only regarding compensation for the arbitrary dismissal which may be calculated as one month only because the questioner’s period of service is two years only and the court usually calculates the period of compensation for the arbitrary dismissal on the basis of the period of service. As for the return ticket, the court will not agree for the company to grant the questioner with a ticket if the questioner had entered into a contract with a new company in the UAE. Therefore, the questioner shall accept such settlement, as it is quite fair. Further, the same will also save the questioner the hassle of spending a long time in courts seeking a settlement.
Salary Payment
Questioner from Dubai asks: I worked in a company for more than three years. The company’s condition was financially unstable and they did not pay salaries regularly. I have not received salary since the past 3 months. One month ago I submitted my resignation by email after the company rejected to accept my resignation. However, I received a letter from the company stating I was dismissed from the company as per the Article 120 of the Labour Law. They claim I have been dismissed because I have caused great loss to the company. They told me to avoid coming to the company until they have discussed the matter with the management following which I would be contacted. This is the content of the termination letter received from the company. They are also saying they will ask the Ministry of Labour to put a one-year ban on me and also to make me pay compensation for the loss suffered by them on my account. My question is whether the company has the right to do this and which end of service letter will be entertained in labour court — termination of my services by the company, or the resignation letter sent by me. Also does the company have the right to reject my resignation letter?
Answer: To answer this question I would like to advise the questioner that this act by the company is malicious, untrue and against the labour law and that the terminating letter, according to the article 120 of the Labour Law is illegal, because article 120, paragraph C on what the company has based the termination letter, requires that the company shall inform the Ministry of Labour within 48 hours from the date of the employer’s knowledge of the incident. Therefore, the resignation of the questioner is the valid even if the company did not accept the resignation because the UAE Labour Law does not require the consent of the employer to the resignation. Therefore I would advise the questioner to file a complaint against the employer immediately so that the employer does not file an absconder notice against the questioner in the labour ministry.
— Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
(Compiled by Bassam Za’za’, Legal and Court Correspondent)
