Labour ban

  • Published: 17:18 January 27, 2012

SUBJECT
Employment

I have worked in an LLC company for nearly three years. I applied for two months leave after completing my two-year contract. But my manager refused to pay me my salary for the two months of leave in advance promising to pay it after I returned from leave. When I returned, he refused to pay. Also, my company does not pay the monthly salary on time (each month’s salary is paid after two and a half months). I have decided to resign. After resignation can I claim my leave salary? How should it be calculated? Am I entitled to end-of-service gratuity for three years and medical expenses? If I resign, will the Ministry of Labour impose a ban on me? If yes, is it possible to lift this ban?

At the end of service the questioner may claim the leave salaries for two years calculated on the basis of last basic salary plus accommodation pay if any, besides, the questioner may obtain end-of-service gratuity for three years. As per the law in Dubai according to the Ministry of Labour, the employer is not obliged to pay the said expenses to the worker and the same shall be as per the system applicable in the company. Finally the Ministry of Labour will not impose a ban on the questioner because the questioner has completed more than two years of service as per the new labour office rules.

 

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