I have been working in a free zone company for more than two years. The management of the company recently said that I had given out work secrets to a competitor owing to which the company did not get a project — which went to the competitor, due to which the company was facing a big loss.
They also said that I was given commission by the competitor, adding that they have proof against me and that they are going to file a police complaint if I don’t submit my resignation immediately.
The management said I need to mention that I breached my labour contract as reason for my resignation. The accusation of the company is false. They are doing this because I asked for my commission and my two years annual leave.
They knew that I was going to leave the company and that I was not willing to continue with them. Please advise how can I get out of this problem.
I am under great pressure.
Answer: If the company had evidence against the questioner in this regard they would report to the concerned authority immediately.
Therefore, I advise the questioner not to submit his resignation, so that it does not affect the end-of-service gratuity as well as his legal position.
Making the questioner mention the reason for resignation and admit his fault would give the company the questioner’s acknowledgement [of the charges], and this can be used against the questioner.
Therefore, the questioner should file immediately a labour complaint at the free zone authority in order to protect himself and claim his rights.
Arbitrary salary reduction
I have been working in a free zone company as IT manager for more than two years. A month ago, I received an email from the employer asking me to work permanently as a sales executive, with my salary reduced to 30 per cent.
I rejected it saying I would do my current job as per my employment contract. I also mentioned in my email my objection regarding my salary reduction. I said if they did not solve the problem amicably, I would submit my resignation and file a labour case against the company.
But my company said if I did not accept their condition, I should resign failing which they would terminate my labour contract. I submitted my resignation and quit work.
My questions are: What is my position as per the UAE Labour Law? Should I file labour complaint against the company?
Answer: I would like to clarify to the questioner that as per the Dubai Supreme Court, downgrading the employee in the job ladder by the employer for no reason is considered a form of arbitrary dismissal and the submission of resignation by the employee in this case is an expression of his disagreement to the downgrade.
Therefore, the employer in breach of his obligations towards the employee, which gives the employee the right to quit work and claim for his dues along with compensation for arbitrary dismissal.
Therefore, I would advise the questioner to file a labour complaint against the company immediately, if he has failed to reach an amicable solution, to claim for all his rights.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.