Thursday, May 16, 2013

Question 1 - Questioner from Dubai asks: I worked in a company for more than two years; as an engineer. In March 2013 I travelled to my country for my annual leave for one-and-a-half months. Upon my return, the company told me that I have been fired due to the disclosure of employment secrets. My company is saying that I gave some information to a company working as a subcontractor in the same project where we worked. They informed me that the Ministry of Labour has referred the complaint to the court on 1/05/2013 — it means that this happened during my annual leave while I was in my country. They informed me that they would cancel my sponsorship and impose a one-year ban. They asked me to sign some papers, but I refused. My question is, is the employer entitled to file labour complaint before the Ministry of Labour while the worker is abroad on his annual leave? Is this act as per the labour law and what should I do. Do I need to go to labour ministry or go direct to labour court. Please advice.

Answer 1 - I would like to clarify to you that the Ministry of Labour may not proceed with a labour complaint against the worker and refer the same to the competent court while the worker is abroad on his annual leave. Therefore, I advice you to immediately approach the ministry of labour and file labour complaint so as to consider your matter.

Disciplinary Action

Question 2 - Questioner from Dubai asks: I have worked in a company for more than two years; last month I had a fight with a person while I was at his company residence. A week after, my company learned about this issue and currently are investigating this issue. The problem between me and that person was personal and has nothing to do with any of the two companies. The dispute is regarding some issues happened in our countries. I was informed by my company manager that I might be subject to disciplinary penalty and might cancel my visa as well. My question is, is the company entitled, in accordance with Labour Law, to impose penalty against me and terminate me for an issue occurred outside the company and is not related to the company? Please advise me.

Answer 2- I would like to clarify to you that article 109 of Federal Labour Law no. 8 of 1980 states the following: “No disciplinary penalty maybe imposed on a worker for any act committed by him outside the workplace, unless such act is connected with the work, the employer or the responsible manager. It shall also be unlawful to impose more than one penalty or to combine a disciplinary penalty with a deduction of part of the worker’s remuneration, as provided for in article 61 of this law.

Miscalculated Gratuity

Questioner asks: I worked for more than five years as sales manager and 80% of the company business comes through me only. The employment contract included monthly salary as well as 5% of the net profits. Presently, I have submitted my resignation. Upon calculation of my dues my company informed me that as per the labour law and labour ministry, I do not have the right to combine end-of-service gratuity and profits. The profits are only for the company partners, and according to them, the only choice for me is to accept the end-of service gratuity with three-month salary as compensation. Otherwise, I have the right to go to ministry of labour to complain as per my company manager. Is it true and is it as per the labour law. Please advice.

Answer 3 - I would like to clarify to you that you are entitled to end-of-service gratuity in full as per the Labour Law in addition to 5 per cent of the profits. Therefore, I advise you that if you fail to reach an amicable solution with the company, you shall file complaint before the Ministry of Labour to claim your rights in full. In the event of failure to reach solution before the Ministry of Labour, the questioner shall request the Ministry of Labour to refer the case to the competent court.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants

By Bassam Zaza, Legal and Court Correspondent

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