• Home

Dues can be claimed in arbitrary dismissal case

Samir El Azrak represents Al Moutawaa Wa Al Azrak Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send it to Khaleej Times, Dubai, P.O. Box 11243.

Q) I have had a three-year job contract with a Dubai-based TV channel in the Free Zone.

Two years later, the company unexpectedly terminated my service.

What are my dues? What am I supposed to do if the company refuses to pay them?

What about Conclusive Oath? Is it relevant in this regard? Please, advise.

A) As the company has terminated your service before the end of the contract you both concluded, you are entitled to the following benefits:

According to Article 132 of the labour law, an employee who completes one year or more in continuous service shall be entitled to gratuity at the end of his service.

The days of absence from work without pay shall not be included in the calculation of the length of service and the gratuity shall be computed as follows:

1 — Twenty-one days’ wage for each year of the first five years

2 — Thirty days’ wage for each additional year provided that the total of the gratuity shall not exceed the wages of two years

An employee, under Article 133 of the same law, is also entitled to a gratuity for the fractions of the year proportional to the part of the year he spent in work, provided that he had completed one year in continuous service.

You are also entitled to one month’s wage against termination notice, along with annual leave compensation.

You can also seek compensation against arbitrary dismissal. This “notice compensation” must be equal to the employee’s wage for the whole of the notice period or for the reduced part. The “notice compensation” shall be calculated on the basis of the employee’s last wage in case of those who are paid monthly, weekly, daily or hourly, as per Article 119 of the labour law.

However, the amount of compensation must not exceed, in all circumstance, the employee’s wage for a period of three months calculated according to the last wage he used to collect.

Should the company refuse to pay your dues as detailed above, you can lodge a complaint at the Labour Disputes Section in the Ministry of Labour, which would try to reach an amicable settlement, failing which the matter shall be referred to the Labour Court which would force the company to pay your dues.

As to conclusive oath, the court orders someone to swear by Allah, the Great, that he did not do something. It is decisive as it brings the case to a close, and shall not be challenged or appealed. It is used only in the court to prove something one of the litigants denies.