Gratuity entitlement in case of outside visa

Employees with visas outside their companies may not be able to claim gratuity in labour court

  • Posted by Bassam Za’za’, Legal and Court Correspondent
  • Published: 17:24 January 31, 2013

I worked in a private school in Dubai as a teacher for more than 2 years; I signed an employment contract with the school but my visa is not under the school where I am working presently. I submitted my resignation because I found a better job opportunity with another school in Dubai. I asked the school management to provide me with my end-of-service gratuity, but I was told that I am not entitled to anything and that the school is not responsible for end-of-service on the basis that I am not under the school visa. Is it true that I am not entitled to end-of-service gratuity on the grounds that I am not under the school visa? Is it possible to file a complaint before the Ministry of Labour in this regard? Is it possible to approach directly the labour court to claim my labour rights in case I failed to get my right in the Ministry of Labour? Please advise me, thank you very much.

I would like to clarify to the questioner that she may not be able to file an official complaint against such school as the labour ministry might not enable the questioner to approach the competent court to claim her right on the grounds that both the questioner and school are against the ministry rules (working with the school with outside visa) therefore if the questioner files complaint before the ministry of labour, both the questioner and school might be subjected to accountability by the ministry of labour being contrary to the law, and the questioner cannot file complaint to the labour court directly unless she obtains a letter from the labour ministry. Therefore, I would advise the questioner to go for an amicable solution with the school to obtain her rights.   

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