Firm violating terms
I have been made redundant by my company after nearly eight months employment for which I have an official letter stating such and that the company is giving me one-month's notice. However, my employment contract signed and verified by both parties clearly states the notice period is three months. I enquired if the one month was simply a clerical error. The general manager of the company called me to say that should I hold them to the three-months notice, then they would not issue an NOC and would kick me out of my apartment the next day. Before my enquiry the NOC was not an issue and the company was offering plenty of assistance to help me find another job. Obviously this set me back a bit. However, I feel that if my contract states three months then that is my entitlement. My apartment is rented in the company's name with a sub-clause to state that it is for the sole occupancy of my family. What legal rights do I have?
If the questioner has been dismissed this way and the company did not enable him to work within the notice period, the company is obliged to pay compensation for three months being the notice allowance plus compensation for the arbitrary dismissal determined by the court which ranges from one month to three months of the comprehensive salary depending on the questioner's period of service, in addition to two days' wages for each month as compensation for the annual leave plus return ticket. In case the questioner obtains such dues amicably from the company, as per the law, he shall handover the accommodation to the company. In case the employer fails to pay the dues, the questioner shall request the labour ministry to refer the complaint to court, as in such a case, the questioner remains in the accommodation until the case is adjudicated by the court or the employer pays the questioner's due as a deposit with the Ministry of Labour until the case is adjudicated by the court. The questioner shall leave the accommodation within 30 days as of the date on which the employer deposited the questioner's dues as a guarantee.
- Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
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