courts

Non-payment of end-of-service benefits

Complaints should be filed at the Ministry of Human Resources and Emiratisation for non-payment of benefits

Staff Report
16:42 August 24, 2017

I live in Dubai. I worked in a company for more than four years. A month ago, I submitted my resignation and I am now working on a two-month notice period as per my labour contract, which is going to end on September 20, 2017. My employer do not want to pay my end-of-service benefits and notice period salary, I have informed him that I’m going to file a complaint against him at the Ministry of Human Resources and Emiratisation. The employer has told me that I can file my complaint only after finishing my notice period. The employer also told me in case I file a complaint against me he would delay the matter of settlement of my dues for more than three months. My question are: 1). Can my employer delay the matter of settlement of my dues? 2). Can I file a case against my employer directly at a labour court? 3). Can I file a complaint against my employer at Ministry of Human Resources and Emiratisation while I am serving my notice period?

The amended Article 6 of Federal Labour Law No 8 of 1980 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 concerned Labour Department. This department shall summon the two parties to the dispute and shall take action whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving the request, fix a hearing to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to court after the lapse of one year from the date on which such entitlement became due, and no claim shall be admitted if the procedure stated in this article are not adhered to”. The employee has the right to file a labour complaint against his employer at Ministry of Human Resources and Emiratisation during the notice period. And as per the above mentioned article the employee has no right to file a direct case against his employer at the labour court.

I live in Dubai. I filed a labour complaint against my employer for non-payment of my end-of-service benefits and compensation for my unfair termination from the service. At the office of the Ministry of Human Resources and Emiratisation, my employer presented a copy of Dh60,000 cheque in my name claiming that he had given the said amount as a loan to me. In fact, I had withdrawn that amount on company’s behalf from the bank and deposited it another bank account of the same company but I don’t have any proof for that. (I had not requested any loan from the company or signed any kind of document for this). Please advise me what should I do?

I advise the questioner to object and deny this alleged matter of loan before the Ministry of Human Resources and Emiratisation, and ask the ministry to refer the case to the competent court in case there in no amicable solution with the employer is reached. The questioner should request the competent court to assign an accounting expert to to look in the alleged matter of the loan.

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