Question:
I have been working in a company for more than two years on a limited contract as a salesman. One month ago, my employer accused me of not performing my duty properly which resulted in big losses for the company. He said my behaviour was malicious. As a result he stopped paying me my commission, which is now due for the past six months. He asked me to submit my resignation immediately or he will dismiss me as per the labour law, file a criminal case, and cancel my visa with a ban. I refused to submit my resignation and so he followed through with his threat.
Do I have no right to claim for end of service benefits? And, because I was terminated before the expiry of my contract does the employer not have to provide me with a plane ticket?
Answer:
As per article 120 paragraph C an employer may dismiss an employee without notice if the employee makes a mistake resulting in substantial material loss for the employer on the condition that the latter notifies the UAE Ministry of Human Resources and Emiratisation of the incident within 48 hours of becoming aware of its occurrence. Therefore, in your case, your termination is against the labour law because the ministry weren’t informed within 48 hours. You now have the right to file a counter complaint with the ministry against the employer to claim for end of service benefits and compensation for arbitrary dismissal. You also have the right to claim for an air ticket so long as you are leaving the UAE and not joining a new employer in the emirates.
Question:
I have worked in a company as a manager since October 2016. Two months ago I submitted my resignation because my employer downgraded my position and decreased my salary. Does he have the right to do that? If its to force my resignation what action can I take?
Answer:
As per the Supreme Court downgrading an employee for no reason is considered a form of arbitrary dismissal and submitting your resignation is an expression of disagreement with that decision. In doing so the employer is in breach of his obligations towards the employee, which entitles the employee to quit and claim a right to all his dues with compensation for arbitrary dismissal. I would advise you to file a complaint against the company and if you fail to find an amicable solution with the employer you should claim for all your rights.
