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Legal View by Tarik Nassar

Tarik Nassar Legal Consultants represents Jaíafar Alwan, Al Jaziri & Associates in Dubai. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to Khaleej Times, Dubai P.O Box 11243.

Approach labour dept for claiming due rights

Q: I have worked for four years as an executive secretary with one of the companies operating in Dubai Internet City. A week ago, I received a termination letter, but no reason was provided for the same. I was told that my entitlements shall be paid upon cancellation of my residence visa. I fear that the company would not pay my dues. What should I to do to claim my rights? Should I lodge a complaint with the officials in charge of the Internet City?

A: Under Article No. 6 of the Federal Labour Code, if the employer or the employee or any empowered person raises a claim concerning any of the rights due to any of them, he must submit a request to the concerned Labour Department.

The said department shall summon the two litigating parties, and then take whatever action it deems necessary to settle the dispute amicably.

If an amicable settlement is not reached, the department must, within two weeks from the date of submitting the request, refer the dispute to the court of jurisdiction and the referral must be accompanied by a memorandum containing a summary of the dispute as well as the arguments of the two parties and the comments of the department.

The court shall, within three days from the date of receiving the request, set a time for a hearing to consider the claim. The two parties shall be notified to that effect. The court may summon a representative of the Labour Department to answer any enquiry relating to the contents of the memorandum submitted.

In all cases, no claim for any right shall be heard after a lapse of one year from the date such right falls due. No claim shall be accepted if the procedures provided for in this Article are not followed.

The Dubai Free Zone for Technology, Electronic Trade, and Media is not authorised to receive any labour complaint. As such, the questioner is to first lodge her complaint to the related Labour Department. Failing to reach a settlement, she is entitled to file a suit in the court. -Compiled by Ahmed Shaaban