Question 1: I have been working with a private company for four years. Six months ago, the company assigned me to work for a branch office outside the Emirates for two years. I was receiving my salary from the company outside the Emirates. A month ago, I returned to work for the company in the UAE. I submitted my resignation, but the employer tells me that I am not entitled to end-of-service allowance for the two years that I worked outside the Emirates. I also have late salaries for more than four months which I did not receive from the company outside the Emirates. My annual leave allowance for two years is also not used. What are my rights?
Answer 1: You have to file a complaint against your employer and try to prove that you are entitled to your rights, that the employment relationship is still continuous and your contract is extended from the date of the beginning of service. The Labour Cassation Court of Dubai No. 116/2017 has decided that the worker’s uninterrupted service with the same employer or his legal successor is considered continuous from the date of the beginning of the service, even if there are multiple contracts for the periods of this service. The court will take the decision as per the documents and situation in hand.
The fact that the employer did not report your absence from work and accepted your return without any objection plays a role in the proof. An assignment contract will be good proof if it existed.
Assigning a worker to other work is conditioned by Article 12 of Labour Law No. 33 of 2021 which states that it is not permissible to assign the worker a task that is fundamentally different from the work agreed upon in the employment contract, unless necessary, or with the aim of preventing the occurrence of an accident or repairing what resulted from such accident; provided that such assignment is temporary in accordance with what is specified by the Executive Regulation of this decree by law.
The employer may assign the worker in cases other than those referred to in Clause (1) of the article to perform a kind of work that is not agreed upon in the employment contract, provided that the worker agrees in writing.
If performing the work that is not agreed upon in the employment contract requires that the worker changes his place of residence, the employer must bear all the financial costs resulting there from, including the costs of the worker’s displacement and residence.
