I have worked in a contracting company as a foreman for more than two years. A month ago, the generator broke down due to my mistake. As the machine is under my responsibility, the manager told me that it would be repaired on my account, or else he would terminate my services immediately. I agreed. The cost of repairs came to more than Dh10,000, but two weeks later the manager dismissed me without notice. In the letter of termination, he mentioned that such a dismissal was due to the machine breakdown under Article 120 of the labour law. Can my employer terminate my services two weeks after the incident, especially since I already paid for the repairs?

 

Article 120 of the Federal Labour Law, which the manager is citing to dismiss the questioner without notice, is against the law. The labour law applicable in this case requires the employer to notify the Ministry of Labour of such an incident within 48 hours, stating that the company has incurred material loss as a result of the employee’s mistake. I advise the questioner to file a complaint against the company before the Ministry of Labour to claim his rights. He can request the ministry to consider his termination as arbitrary dismissal. He can also request the ministry to refer the complaint to the competent court in case no amicable settlement is reached with the employer.

 

Unpaid increment

I have worked in a company for nearly two years on a limited contract. Six months ago, I got a Dh2,000 salary increment. I received the increment for a month before it was stopped for more than five months. The company promised to give all the money to me at the end of this year, but no official letter was signed in this regard. Do I have the right to ask for that withheld amount? What legal recourse can I take to get the money? Can I ask my employer to pay for my unused annual leave? My employer did not allow me to take annual leave for two years. Is annual leave calculated as per the salary mentioned in the labour contract, or as per the current salary? Am I entitled to gratuity upon completion of my limited contract if I resign, or if the company terminates the contract?

 

The questioner may claim his rights from the company upon the expiry of the limited contract, in particular the salary increment, which he should have claimed as of one year from the due date as per the labour law. The questioner may also claim annual leave pay for a maximum of two years, which shall be calculated on the basis of the last salary received, and not the salary stated in the labour contract. The questioner may also claim gratuity for a period of two years even if he is going to submit his resignation on the expiry of the contract.

 

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