A reader from Dubai asks: I have been employed as a workshop manager in a private single-ownership establishment in Dubai for the last five years. I submitted my resignation one month ago. My employer is refusing to pay me my end-of-service benefits as per the UAE Labour Law. According to him, I am only entitled for two years leave salary. He says that only companies have to pay end-of-service benefits. Is this true? If I file a complaint against my employer, can the labour ministry force him to pay my dues or will it force me to accept his offer? In case no amicable settlement is reached in the ministry, how long does it take for the complaint to be transferred to the labour court?
The labour law is applicable both companies or sole establishments. The reader must file a complaint before the labour ministry. As per Article (6) of the Federal Labour Law No (8) of 1980 as amended which quote the following: “If the 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. The department shall summon the two parties to the dispute and take whatever measures it deems necessary to settle the dispute amicably. The department does not have the right to force any party to accept a solution.
If an amicable settlement is not reached, the said department must within two weeks of the request being submitted, refer the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, arguments of the two parties and observation of the department. The court shall, within three days from date of receiving the request, fix a hearing to consider the claim and the two parties shall be notified.
A reader from Dubai asks: I joined a company in Dubai eight months ago. My job offer letter, which I signed, states that if an employee resigns within a year of joining the company, he has to reimburse the cost of visa, tickets and other expenses incurred by the company. I am now planning to take up a job with another company. I want to know if the company can enforce the terms of the job offer letter. Does it have the right to get the Ministry of Labour to enforce a work ban against me? My employment contract attested by the ministry and signed by my company is a limited one. It will expire after a year and four months. The terms and conditions mentioned in this contract are completely different to what is mentioned in my offer letter. Please advise.
The terms in your offer letter which state that ‘if an employee resigns within a year of joining, he has to reimburse the cost of visa, ticket and other expenses incurred by the company’ are considered illegal and contrary to the UAE Labour Law. However, the employer is entitled to claim compensation from an employee violating the terms of a limited labour contract. In this particular case, if the questioner terminates the contract prematurely, the company has the right to seek compensation from the employee. The amount of compensation is equal to 45 days of the employee’s salary. Finally, the employer has the right to ask the Ministry of Labour to enforce a one-year work ban against the employee.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
