Ask the law: Legal recourse in arbitrary dismissal cases

A reader from Dubai asks: I worked in a company for more than four years. Two weeks ago, I filed a complaint against my employer in the Ministry of Labour for not granting me annual leave for more than two years. The employer’s public relations officer came to the ministry and gave me a termination letter. Does an employer have the right to terminate the services of an employee who files a case against him in the ministry? Am I entitled to challenge the termination before the labour court and request it to reinstate me in case it considers the termination to be arbitrary dismissal?

Federal UAE Labour Law No 8 of 1980, article No 122 states the following: “A worker’s service shall be deemed to have been arbitrarily terminated by his employer if the reason for the termination is irrelative to the work and, more particularly, if the reason is that the worker has submitted a serious complaint to the competent authorities or has instituted legal proceedings against the employer that has proved to be valid.”

As for the question on reinstatement of service, the UAE Labour Law does not oblige the employer to reinstate an employee even if he/she was dismissed arbitrarily. In this case, if proved in the labour court that the employee has been arbitrarily dismissed, the court will only direct the employer to pay compensation and end-of-service benefits.

A reader asks: I worked in a company for more than three years and was paid a salary and commission. My services have now been terminated because I asked my employer to pay my commission and salary for the period of annual leave last year, which he had promised to pay. The complaint has been referred to the Ministry of Labour which referred it to the concerned court after I failed to reach an amicable settlement with my employer. I live in the company’s accommodation and now the employer is asking me to leave the accommodation within a month. My offer letter mentioned that in case of termination I should leave the company accommodation within a month. Is the employer entitled to evict me from the accommodation before giving me my entitlements in full? Is it true that under UAE law I have to leave the accommodation within 30 days? My offer letter also mentions that two of my family members and me are entitled to a ticket plus Dh5,000 in travel expenses, but my employer is not willing to pay.

Federal Labour Law No 8 of 1980, article no. 131 (repeated) states the following: “1. In the application of the provision of the preceding article, the cost for return of the worker means the value of his travel ticket as well as what the labour contract or the rules of the establishment specify regarding the travel expenses for the worker’s family and the cost of shipping of his belonging.

2. In a case where employers provide accommodation to the worker, the worker shall be obliged to vacate the premises within 30 days from the date of termination of his service.

3. The worker should not delay vacating the premises for any reason, provided that the employer pays the worker the following: A. The expenses specified in paragraph one of this article. B. Severance pay and any other entitlements the employee is obliged to pay in accordance with the Labour contract or the establishment regulations or the law.

4. If the worker disagrees with the amount of the expenses and entitlements referred to above, the Labour Department shall determine, as a matter of urgency, and within a week from its been notified of the same, these expenses and entitlements and shall inform the worker of the same as soon as they are determined

5. In this case, the counting of the thirty days grace period for the vacating of the premises referred to in paragraph two of this Article shall commence from the date of employer deposits of the value of the expenses and entitlements as determined by the labour departments concerned. If the worker does not vacate the premises within the thirty days mentioned, the Labour department with the assistance of the authorities concerned in the emirate shall take the necessary administrative measures for the vacating of the same.

6. The provisions of this article shall not deprive the worker of his right to take his case to the court concerned.”

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

— Compiled by Bassam Za’za’, Legal and Court Correspondent