I am a UAE resident working in a company. There is a police case filed against me by a bank due to an unpaid loan and credit card. I have been out of the country for more than two months. Now, I want to return to the UAE and reach a settlement with the bank. I am already late by more than two weeks in reporting back to work. What are my options once I arrive in Dubai?
If the questioner comes back to the UAE, he will be arrested at the airport as the system will flag his name in connection with the case filed against him. The questioner will be presented to the police station at Dubai Airport and his statement will be recorded. The questioner can then ask the police station to release him on bail after keeping his passport as guarantee. Accordingly, he will be directed to approach the Public Prosecution to settle the matter or refer the case to a competent court in case of non-settlement.
Unpaid salary
I have been employed in a company in Dubai for almost two years on a limited labour contract. After 13 months of service, I got a salary increment. I was paid the new salary for eight months, but early last year the company withheld a percentage of my salary promising to pay it to me every three months. The agreement was verbal. Till date, however, the portion of salary withheld has not been paid to me. Can I claim this amount at the end of my contract, or if the company terminates my services before the contract ends? What legal procedures can I use to get the withheld amount. Second, can I ask my employer to compensate me for unused annual leave? Is annual leave calculated as per basic salary mentioned in the labour contract or as per the current salary level? Third, am I entitled to gratuity upon completion of my limited contract, or in case I resign?
The questioner may claim all his rights from the company where he is employed upon the expiry of his contract, in particular his salary arrears. He should have claimed this amount as of one year from the due date. The questioner may claim unused annual leave pay for a maximum of two years. This amount shall be calculated on the basis of the last salary received by the questioner and not the salary mentioned in the labour contract. The questioner may claim end-of-service gratuity for the period of two years when his limited contract is over.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
