Living In UAE

Reader complaint

UAE: I returned from an emergency leave to find out I was fired from my job

Your rights as an employee and how you can file a Labour Court case

Published: August 20, 2020 15:49 Huda Tabrez, Living in UAE Editor

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As the COVID-19 pandemic brought life across the world to a standstill, many people found themselves stuck in situations, unable to travel to continue their work or reunite with their families. — The novel coronavirus has affected different people in different ways. Image Credit: Stock image

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Such a situation affected a Gulf News reader, who wrote in sharing his experience of finding out that he had been fired from his job while he was on an emergency leave to India. — A Gulf News reader spoke about how he found out that he had been fired from his job only after he returned to the UAE after months. Image Credit: Stock image

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“I have been working in a company since May 1997 and my current designation is ‘Purchase Manager’ — The reader had worked for over 23 years with the company. Image Credit: Gulf News archives

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“… On March 18, 2020, I went to my native country – India, in an emergency due to the demise of my mother, and I could not come back immediately as all the flight services were cancelled due to the lockdown in India … — The reader had to leave on an emergency after his mother's death in India. Image Credit: Gulf News archives

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I came back on July 15, 2020 once the flight service resumed and on the next day I reported to my office. I did this through e-mail, as I could not join immediately due to the 14-day mandatory quarantine as per UAE law — He returned to the UAE on July 15, 2020. Image Credit: Stock image

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The next day, I received a reply from the CEO informing me that, ‘your services are no longer required as that role has been filled within the organisation — The reader was told that his role had been filled within the organisation. Image Credit: Stock image

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Kindly follow up with the previous owners/ management to collect your end-of-service benefits and vacation dues’. This meant that the company was sold during my vacation — He was asked to seek his settlement from the company's previous owners/management. Image Credit: Stock image

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and this reply was from the new CEO of the company. Accordingly, I contacted the previous management, but I still did not get my settlement or a proper reply on when they would clear my dues — This is when the reader found out that the company had been sold. Image Credit: Stock image

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In the meantime, my visa expired on July 1, 2020 and I am now staying at home without a salary. When I was leaving for the emergency, I had approximately 60 days’ vacation due — The reader's visa has also expired. Image Credit: Stock image

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When the long lockdown was declared in India and there was uncertainty regarding the operation of flight service, I requested the management to grant my vacation and to pay my leave salary which is due — While he was stranded in India, the reader had also asked his company to release his vacation pay. Image Credit: Stock image

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but they refused and released only 14 days’ emergency leave salary. Kindly let me know, who is responsible to settle my end-of-service benefits for over 23 years of service, along with more than 57 days’ vacation salary — Who is supposed to pay the reader's dues? Image Credit: Gulf News archives

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Also, who is responsible for paying the overstay fine? Shall I claim my salary from the date of arrival in UAE until my visa was cancelled? Your advice is highly appreciable to proceed with further steps — Image Credit: Stock image

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Gulf News raised the issue with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal Consultancy, who clarified the reader’s rights in such a situation. — Legal comment from Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal consultants Image Credit: Supplied

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The employer’s conduct to terminate you while you could not return from your vacation as a result of the pandemic may be considered as arbitrary termination — Read more about arbitrary dismissal here: https://gulfnews.com/1.1584368181978 Image Credit: Gulf News archives

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which attracts up to three months of compensation payable by the employer to the employee. Accordingly, you may file a labour complaint against the company and follow it up with a Labour court case — In cases of arbitrary dismissal, you are entitled to a compensation of up to three months' pay. Image Credit: Gulf News archives

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While the management of the company has changed, it should not release the company from its liability – as the company is an independent legal entity — Management change does not absolve the company of fulfilling an employee's rights. Image Credit: Stock image

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Therefore, you may claim all your entitlements from the company itself. With regards to your visa, you may coordinate with the court and the labour department after you have registered the court case — The reader was advised to raise the issue with the relevant authorities. Image Credit: Stock image

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You may need to submit proof of the court case registration. Accordingly, subject to the labour department’s discretion and fulfilling their requirements you may stay within the UAE or join another employer — The reader can also join another employer in the meantime. Image Credit: Stock image

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while the case is ongoing. Furthermore, you may file a Labour court case against the company and claim your entitlements including end-of-service benefits, pending leaves, compensation — The individual is entitled to all these dues. Image Credit: Stock image

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notice period pay, and bonus, if any up until your last date of employment – which is your termination date — Image Credit: Stock image

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How to file a labour case You can file a case against your employer with the Ministry of Human Resources and Emiratisation (MOHRE). — Image Credit: Stock image

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Labour dispute procedure • The complainant first needs to submit the application of the labour dispute to the concerned department at MOHRE. — Labour dispute procedure Image Credit: Stock image

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• The department concerned will call the two parties to the dispute and take the action it deems necessary to settle the dispute amicably. At this stage, the parties are not obliged to accept the settlement. — Image Credit: Stock image

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If an amicable settlement is not reached, the department must, within two weeks from the date of receiving the request, forward the dispute to the Labour court concerned. — Image Credit: Gulf News archives

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The competent court will, within three days from the date of receiving the request, fix a hearing for the claim and notify the two parties. — Image Credit: Stock image

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The new temporary work permit is for a period of six months against a fee of Dh500 to be paid by the new employer. The new work permit is renewable for another six months. — Image Credit: Stock image

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