Approach ministry for settlement dues

I was working in a company in Abu Dhabi for one year and five months and left the company in October 2012; the company accepted the resignation and for cancellation of the visa asked me to sign the cancellation paper, which I did. But till now I haven’t received my settlement amount. Please advise.

Normally an employee should receive all the end of service benefits and final settlement amount from the employer at the time the employer seeks the signature of the employee on the Ministry of Labour document confirming receipt of all end of service benefits and final settlement amount by the employee.

You may file a complaint with the Ministry of Labour against your previous employer who refuses to pay your end of service benefits and final settlement amount due to you. Pursuant to this, the Ministry of Labour will call upon your previous employer to pay your end of service benefits and final settlement amount.

In the event your previous employer fails to pay your end of service benefits and final settlement amount you may seek a letter from the ministry which will enable you to file a case against your previous employer before the court of competent jurisdiction in Abu Dhabi.

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Absconding case

I work for a construction company in Abu Dhabi. Last month I had to take emergency leave and did not return to work and later sent my resignation by mail before the expiry of the leave period and the employer has sent me a letter stating that he will file an absconding case. Under what circumstances can he file a case against me?

Generally an employer may file an absconding case against its employee, with the Ministry of Labour, if the employee is absent from work without informing his employer of his whereabouts and the cause for absence from work or if the employee leaves employment without informing and or without resigning from employment.

In your case, it is assumed that you proceed on emergency leave with full knowledge and consent of your employer. Further you have mentioned that during the period of such emergency leave there has been some communication between you and your employer. Therefore it is implied that your employer had sufficient knowledge of your whereabouts and hence filing an absconding case by the employer with the Ministry of Labour would be without bonafide reason.

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Compensation to the employer

I have been working with a small dry cleaning company as a driver since January 2013. I already completed two months and got a good offer in another company with more than Dh5,000 as salary. I informed my employers on March 7 and submitted my resignation which was accepted. But my employer is using delaying tactics to cancel my visa and says he will cancel my visa in the first week of April. What should I do? My labour card, health card and Emirates ID are not in my possession. The employer is pushing me to work till the first week of April or until he finds a replacement. What should I do?

Your question does not specify whether you are employed on a limited period or on unlimited period contract.

In the event you are employed on a limited period contract you are required to compensate your employer in accordance with the provisions of Article 116 of the Federal Law No. 8 of 1980 relating to labour regulations which states: “Where a contract is revoked by the worker for reasons other than those specified in Article 121 (of the Federal Law No. 8 of 1980 relating to labour regulations), he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker’s remuneration for three months or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary.”

In the event you are employed on an unlimited period contract you may resign in accordance with the provisions of Article 117 (1) of the Federal Law No. 8 of 1980 relating to labour regulations which states: “Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”

In the event your employment offer letter stipulates that during probation period the employee may resign without serving any notice period then the above requirement of serving 30 days notice period may not be applicable.

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Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder and Managing Partner of Ashish Mehta & Associates, a legal consultancy firm in Dubai. He also practises in India, United Kingdom and Singapore. He has worked with international and commercial legal procedures, providing analysis and counselling on complex legal documents and policies such as commercial transactions, securitisation, real estate acquisitions, financial restructuring for distressed assets, mergers and acquisitions, arbitration and litigation issues. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.