Help! Firm isn’t giving experience certificate

Dubai - It shall be the duty of the employer to return any certificates, documents and tools belonging to the worker

I worked as a contract manager for a company in Jebel Ali Free Zone from 2000 to 2006. In 2006, the company's ownership changed and the new owner made major changes in senior level positions, where, along with other senior officials, my employment was terminated. I then asked the company to give me a work experience certificate for the period I had worked, but because of an unpleasant situation at the company at the time, the new general manager refused to give me the certificate. I had no bad record with the company and I let the matter be at that time.

Now I need to obtain a certain contractual accreditation from an institute in Dubai and the UK, and I need to submit a work experience certificate. The company still exists and is active, but under a new management. Do I have any legal remedy to obtain such a certificate from the company 10 years on?

Pursuant to your queries, it should be noted that any employment related matters are to be complained to the authority concerned within one year of termination of employment. Since your previous company was a Jebel Ali Free Zone entity, the jurisdiction to file a complaint against the employer is in the Jebel Ali Free Zone Authority (the 'JAFZA') Administration Department. This is accordance with Article 11.12.7 of the Jebel Ali Free Zone Rules and Regulations 2016 (sixth edition) which states: "Adjudication in disputes between a Client and Employee in connection with these Free Zone Rules shall be by JAFZA." JAFZA follows its own rules and regulations related to resolving employment issues. Wherever JAFZA rules and regulations are silent, the provisions of Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the 'Employment Law') will be applicable.

Article 6 of the Employment Law 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 (in your case it is JAFZA). This Department shall summon the two parties to the dispute and shall take 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. Based on the arguments of the parties and the observation of the department, the court shall, within three days from the date of receiving the request, fix a sitting 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.

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"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."

Based on the above provisions of law you are now not eligible to initiate legal actions against your ex-employer and you have lost the right to complaint due to limitation period. Your employer had an obligation if you had filed a complaint against them within one year of termination of employment for issuance of 'work experience certificate'. Article 125 of the Employment Law states, "An employer shall provide a worker, at the latter's request and on the termination of his contract, with a certificate of termination of service, which shall be free of charge; it shall specify the dates of his entering and leaving the employer's service, his total period of service, the nature of the work he has performed, his last remuneration and any bonuses he has received.

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"It shall also be the duty of the employer to return any certificates, documents and tools belonging to the worker."

However, you are advised to settle this matter amicably with your ex-employer and you may seek advise from the JAFZA who may help you to negotiate with your ex-employer.

Employee rights in case of termination

I had a fixed term contract with a company in Dubai Internet City. It was due to expire on September 20, but in June, the employer terminated my employment without notice and asked me not to come to work the next working day. I left without my pay for April and May, and I had 24 days of paid leave left.

What are my rights in this situation? Am I still entitled to my final settlement now?

Pursuant to your queries, your employer falls under the jurisdiction of Dubai Technology and Media Free Zone Authority.

The provisions of Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the "Employment Law") along with The Dubai Technology and Media Free Zone Employment Regulations of 2004 shall apply related to employer-employee relationship.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.