I worked in a private school for more than two years on a visa that was not issued by the school. The school issued me a visa three months ago. Owing to certain differences with the school management, I submitted my resignation, which has been accepted. The management, however, told me that I wouldn’t be required to serve the notice period and that they will compensate me for the same, but when I claimed my labour dues, I was told I am not entitled to end-of-service benefits. The management told me that my employment over the two-year period was against the labour law. What I would like to ask is whether I may request the Ministry of Labour to refer the case to the concerned court if I am unable to reach an amicable settlement with my school.
What is my position with respect to my gratuity for the period that I worked without the visa issued by the school? Will that cause a problem in the labour court?
The salary I am drawing now is more than the salary which is mentioned in the labour contract; so I also want to know whether the end-of-service benefits were calculated based on the current salary or the one mentioned in the labour contract? Please advise.
The concerned court will calculate the questioner’s full rights for gratuity from the beginning of her actual employment with the school, and not from the date of the visa issued by the employer. Furthermore, with regards to the end-of-service dues calculation, as per the labour law, it is calculated on the basis of the salary the employee is receiving currently.
Questions answered by Mohammad Al Shaiba of Mohammad Al Shaiba Advocates and Legal Consultants