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Exoneration is in itself reason for reinstatement

Tarik Nassar represents Ja’afar Alwan, Al Jaziri & Associates Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to Khaleej Times, Dubai P.O Box 11243.

Question: I worked as a sales manager in a trading institution here for nine years. In June last, I applied for an increment, failing which I sought sponsorship transfer. Despite my honesty, professionalism and commitment, my employer refused and fabricated a complaint against me. He accused me of funds embezzlement. I am under suspension since then. Following 10 months of police and prosecution interrogations, I proved my innocence. The employer now refuses to reinstate me or pay my dues for the suspension period. What should I do?

Answer: An employee, as per Article 112 of the Federal Labour Law, may be temporarily suspended from work if charged with an intentional offence — a physical assault, property damage, a financial violation, a crime involving moral turpitude and breach of honesty, or protest. The suspension period shall be effective from the date of informing the authorities concerned of the dispute until a decision is taken.

The employee shall not be entitled to any wages during the said suspension. Should the issued decision exempt the employee from standing trial or acquit him, he shall be reinstated in his work, and given full wages for the suspension period.

It is the employee’s responsibility to provide whatever evidence he can to prove any arbitration. Exoneration of the employee is an evidence in itself.

As such, the employee shall be entitled to full wages against the suspended period, plus vacation allowance. Should the employer refuse to reinstate the employee, his decision shall be considered arbitrary.

The employee should then lodge a complaint in the Labour Disputes Department in the Ministry Labour against his employer demanding all entitlements, including pending wages, vacation allowance, compensation against arbitrary discharge, end-of-service gratuity, and so forth.

If the Labour Disputes Department fails to amicably settle the dispute, the case shall be referred to the court.

The employee can also lodge a complaint against the employer seeking compensation against false accusation and bad faith. — Compiled by Ahmed Shaaban

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