Question 1: I work for a company in Dubai. My labour contract is attested by the Ministry of Labour. Prior to this, I had been working for another company for three years through my current company and under its directives. Only a year ago, did I receive my salary from this company. A month back, I was fired. Currently, both the companies are refusing to pay my dues. Who is responsible for paying my overdue wages? Will I be considered as dismissed from my job?
Answer 1: If your contract was with the previous company, and if you were working under their direction, then this company must terminate you through a termination letter or else you are not considered as officially terminated.
The company where your contract is registered is responsible to pay you your salaries and wages.
The case is to be filed in the court against both of them. You must make the second company party to the case since that company was paying you your salary for several months. So your final request regarding settlement of dues should be directed at both the companies and it is for the court to decide whether the second company is responsible to pay you your dues or not.
Federal Law No (10) of 2014, dated 20/11/2014, indicates that a disputing party may include in the lawsuit any party against whom claims could validly be brought upon. The defendant may, should he/she claim having the right to recourse, submit a written request to the case management office or to the court. Moreover, the defendant may attend the session if the person required to join the case also attends the session and agrees on such procedure before the court.
The Higher Court of Dubai has assured that the claimant has the right to include in the litigation whoever was entitled to be litigated in it when the case was filed.
Proof of payment of salary
Question 2: I am the owner of a company. One of my employees filed a labour case against me a month ago claiming pending salary. He says he did not receive his salary for seven months, although I have paid him all his salaries. He has filed a false claim against me. However, I do not have any proof of the salaries paid to him.
My question now is: How do I prove in the labour court that I have paid this employee all his pending salaries? He had received all his salaries in cash. He did not sign any receipt. I do not have any written proof either. Please advise.
Answer 2: UAE Labour Law stipulates the employer to prove before the labour court that he had paid the salaries to the employee. Therefore, in this case, the questioner has to request the labour court to ask the employee to take an oath with regard to the receipt of salaries or otherwise. If the employee swears that he has not received his salaries, then the court will rule in the employee’s favour.