Employer has to pay full dues

  • Published: 17:57 March 1, 2012

SUBJECT
Employment

I was working with a construction company in Ajman. Four months ago, the company asked me to look for another job as there was no work for me and also due to the problems faced by the company. Four months later, after failing to get a job, I asked the company to cancel my visa and pay my dues. However, my employer told me that I am not entitled to anything since I had left the firm for more than four months and that the law entitles the company to terminate an employees contract if he is absent from work for more than seven days without any dues. The employer had reported the matter to the Ministry of Labour and filed an absconding report. My question here is; what is my position in this matter? Am I entitled to claim my dues? Note that the company had provided me with a letter to work for another company.

I would like to advice the questioner that if he has failed to reach an amicable solution with the employer, he should file a complaint with the Ministry of Labour claiming his labour rights in full, including salaries for the said four months even if he did not work during such period, as the employer is the one who asked the questioner to look for another job and this is against the labour law. Also, the questioner may claim for compensation for the arbitrary dismissal, as according to the law, dismissing the employee from work due to his claim for his rights is deemed as arbitrary dismissal.

 

 


Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.