Question:
I worked for a private company. Six (6) months ago, I was suspended from work because the employer filed a complaint against me with the police for allegedly disclosing information and stealing company funds. A month ago, the criminal court issued a decision in my favour, affirming my innocence. My question: Do I have the legal right to claim all my salaries that exceed one year? Do I have the legal right to file a civil lawsuit against the company to demand material and moral compensation and rehabilitation for the damage I suffered due to the employer’s behaviour? Please advise.
Answer:
I would advise the questioner that:
You have the right to claim all your suspended salaries as per Article 40 of the Labor Law No. 33 of 2021; “The employer may temporarily suspend the worker from work when he is accused of committing a crime of assault on oneself, money, or crimes related to breach of honour or trust, until a final judgment is issued by the competent judicial authority. His wage shall be suspended for the suspension period.
"If a judgment is issued for not putting the worker into trial, he was acquitted for absence of felony or the investigation concluded keeping the case due to lack of evidence, he shall be returned to work, along with paying his full suspended wage.”
You may request your salaries that exceed one year and leave the matter to the trial court to settle the date from which the lapse of one year starts to take effect, because as per what is decided in the Civil Cassation No. 2020/164 ("estimating the existence of a legal excuse that stops the passage of time preventing the case from being heard, as well as setting the date from which the passage of time begins to take effect, is something that the court is independent of").
The court takes into consideration what is stipulated in Article 481 of the Civil Transactions Law (Prescription barring the admittance of hearing the case is interrupted whenever there is a lawful excuse barring claim of the right. The period within which the excuse still exists shall not count in the calculation of the prescribed period of prescription.)
Regarding compensation, you have the right to request it, but this is a matter for the court to decide because the law did not mention specific standards for its assessment as per what is decided in the General Authority of the Court of Cassation of Dubai No. 2023/1, ("estimating the damage and taking into consideration the circumstances in determining the amount of compensation, is one of the issues of fact upon which the trial court is independent, as long as the law does not require following specific standards for assessment").
