Question: I submitted my resignation to the company where I was working in March 2016. That time, I requested the company to not cancel my visa until I find a new job. In April 2017, I requested the company to cancel the visa and pay my end-of-service entitlements, but the company offered to pay me only a much smaller amount than it was due. Three weeks ago, I filed a labour complaint before the Ministry of Labour to claim my labour rights.
The public relations officer (PRO) of the employer came to the ministry, met with the arbitrator, and promised to settle the matter. The PRO requested the arbitrator to give him three weeks’ time. My question here is: what is the legal period as per the UAE Labour Law for the complaint to remain in the ministry? What if the PRO does not attend the next meeting? The arbitrator at the ministry advised me to solve the matter amicably. Otherwise, my case will be rejected by the labour court because, according to him, I have no right as per the labour law to claim the end-of-service dues after the lapse of one year. Is the arbitrator’s statement that the labour court will reject my case true?
Answer: Article 6 (amended) of Federal Labour Law No. 8 of 1980 states: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised 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 Labour Department concerned. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from the date of submitting the request, submit the dispute to the court concerned. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from the date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases, no claim of any entitlement due under the provisions of this law shall be heard if brought to the court after the lapse of one year from the date on which such entitlement became due, and no claim shall be admitted if the procedures stated in this article are not adhered to.”
Therefore, in accordance with the above article, in the event of the PRO not attending the meeting or if no settlement is reached in this regard, the questioner has the right to ask the Ministry of Labour (Ministry of Human Resources and Emiratisation) to refer the complaint to the competent court. However, the questioner might lose his case in the labour court for the reason that the questioner did not file the case before the lapse of one year as stipulated in the above-mentioned article. Therefore, I advise the questioner to settle the matter with the employer amicably and not go to the labour court.
Limited contract
Question: I have worked in a company in Dubai for more than two years under a limited-period contract, which expires in August 2017. Upon the expiry of my current employment contract, am I entitled by law to switch to an unlimited-period contract? My employer says that I have no choice but to renew my labour contract with a limited period.
With regard to the transfer of employees’ salaries to the bank, is the employee entitled to choose the bank where he wants the salary to be transferred? Is the employee obliged to pay the salary transfer fee or will the employer have to bear this charge? In my company, the employer cuts the transfer fee from our salaries.
Answer: Upon the expiry of the current limited contract, the employee has the right to choose the type of contract he wishes to sign, as per the UAE Labour Law. Therefore, the questioner may renew with another contract for unlimited period. As for the salary transfer, as per the law, the employee is the one who shall choose the bank to which he wants the salary to be transferred. Besides, the employer is solely responsible for paying the bank’s salary transfer fee.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
