Dubai: After completing their tenure with a UAE-based employer, employees normally get an experience certificate, which provides details of their work contract and job description. However, what can you do if your former employer refuses to provide such an experience certificate? This was the query raised by a Gulf News reader.
She said: “I have been seeing expats asking legal advice from Gulf News, and I wanted to do the same. I have been trying to reach out to my previous employer to request for an experience certificate, without any luck. I have sent WhatsApp messages to the human resources department and to my reporting manager as well. They have all seen the messages, but ignored them. I worked with this company for almost four years. What do I do? Can they refuse to give me my experience certificate? I believe it is my right to get one.”
Gulf News raised the query with Mohamed Elmasry, junior associate at Al Suwaidi and company, advocates and legal consultants, who said that the UAE Labour Law clearly states the rights and responsibilities of an employee when he or she leaves an organisation. Receiving a certificate that states the details of the employment is one of these rights.
“The employee is entitled to receive an experience certificate from his previous employer according to Article 125 of the Labour Law. Also, these types of claims are not affected by the passage of time,” Elmasry said.
What this means is that you can approach a former UAE employer for an experience certificate, if it was not provided, even after a few years have passed.
The employee is entitled to receive an experience certificate from his previous employer according to Article 125 of the Labour Law. Also, these types of claims are not affected by the passage of time.
What should the end-of-service certificate state?
According to the law, at the end of the work contract, if the employee requests for it, the employer should give the worker a certificate, which states the following:
1. The date of commencement and termination of employment;
2. The total duration of employment;
3. The type of work performed;
4. The last paid wage and supplements, if any.
The employer is also required to return any certificates, documents or tools belonging to the worker.
How can I obtain the experience certificate?
If the employer does not respond to a former employee’s request to provide the experience certificate, the employee has the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE), according to Elmasry.
“This shall be followed by registering a case before the competent court,” he added.
To read our detailed guide on the process followed by the Ministry when labour complaints are raised, click here.
