The Emirates called for strengthening the international humanitarian response and providing urgent relief to those in need
mena3 hours ago
What is the legal time limit for pursuing and claiming outstanding amounts under an "arbitrary dismissal" where the employer has not paid the employees their due and got the labour ministry papers signed and visas cancelled? What is the procedure for filing such cases and which government departments/offices in Dubai should people go to for seeking redressal? My case is with a local LLC trading agency, with whom I was on an open contract as assistant general manager. They paid only one month's salary and gratuity calculated from the date of permanent visa stamping which was done over six months after I had actually started attending office in Dubai. The probation period of three months and 3.5 months delay in employment visa stamping were not taken into consideration. I can see that two months' salary (Dh37,500 x 2) + 21 days/annum prorated for six months has been withheld illegally against the UAE labour laws (over Dh80,000).
The termination letter stated that the "company was restructuring and my services were no longer required."
I have a recommendation letter mentioning the full period of service from them (actual date of joining to till last day at office). I was asked to stay back for 15 days more after the last day, 'at full pay and perks' to help complete the project that was in progress at that time, which I agreed and completed before handing in my passport for visa cancellation.
Please advise if the case has any merit, and is within the permitted time limitations to claim?
It is understood that you were working as an assistant general manager on an unlimited (open) period contract and you were terminated due to restructuring of the company without any prior notice period. You understand that you were terminated arbitrarily and your employer has paid you only one month salary and not paid the severance pay on the prorated basis for six months. Further, we understand that your visa was not stamped for six months and you were on probation for a period of three months. It is also understood that you have a letter from your employer stating the actual date of joining and the last day of employment with your company.Pursuant to your questions, it is the responsibility of the employee to verify the contents mentioned in the final settlement form and employment/visa cancellation form pertaining to payment of the end of service entitlements before signing the said form with his/her employer.
If the employee feels that the end of service benefits mentioned in the settlement form are incorrect he may inform the same to his employer and in case the employer disagrees with the employee, the employee may approach the Ministry of Human Resources and Emirtisation (the 'Ministry').
An employee or an employer can file a case in the court for employment-related matters within a period of one year in accordance with Article 6 of the Federal Law No. 8 of 1980 (the 'Labour Law') regulating Labour Relations in the UAE, which states: "Without prejudice to the provisions concerning collective labour disputes stated in this Law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this Law, he shall submit a request thereof to the labour department concerned. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably.
If an amicable settlement is not reached, the said the department must, within two weeks from date of submitting request, submit the dispute to the court concerned. The submission must be accompanied by a note including a summary of the dispute, the arguments of the two parties and the observation of the department.
Know the law If the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this Law, he shall submit a request thereof to the labour department concerned. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. |
The Emirates called for strengthening the international humanitarian response and providing urgent relief to those in need
mena3 hours ago
Photonics is the study of light and has several applications including LED, VR, holograms, high-speed internet and solar panels among other things
uae3 hours ago
A delegation from Egypt arrived in Israel on Friday hoping to revive the truce negotiations
mena3 hours ago
The decision aims to protect the safety and security of pilgrims
gulf4 hours ago
They have been carrying out rescue operations for the last four years, drawing on their extensive experience in saving people from desert terrain
uae4 hours ago
Dubai Amateur 17-year-old Oscar Craig continues to showcase his impressive form with third-round level par 72 at Saadiyat Beach Golf Club
sports5 hours ago
The tragic incident led to the death of a number of innocent people from Yemen
mena5 hours ago
Alongside regional leaders, US Secretary of State Antony Blinken will attend the meetings
world5 hours ago