Question
When does an employer have the right to suspend an employee? Who decides the length of suspension and if you are found not guilty, is the suspension period included in the total service period?
Answer
Article No 112 says, the worker may be temporarily suspended from work upon the charging thereof of a deliberate crime against life, property, honour, honesty or of carrying out a strike. The suspension period shall commence on the date of the notification of the incident to the competent authorities and until the issuance of a decision thereby in such regard. The worker shall not be entitled to his wage during the said suspension period.
Should a decision be issued for the non-prosecution or the acquittal of the worker, the latter shall be reinstated and paid the full wage for the suspension period. The employee/worker is not entitled to any pay for the suspension period. If a decision or court order is handed down determining the acquittal of the employee/worker then he should be reinstated and compensated for the entire period if suspension is established to be on malicious basis on the part of the employer. Such entitlement of the pay purports that suspension is malicious.
The onus of proof of such malice rests on the employee/worker.
It is established by the Supreme Court that the evaluation of malicious suspension is left to the discretion of the Court of Merits, without any review once its judgment is built on sound permissible grounds duly supported in the documents. Therefore if the crime does not relate to article 112 which mentioned above, In this case the employer is not allowed to suspend the employee as per the UAE Labour Law. Finally in case the employee found guilty, In such case the suspension period is included in the total service and such period is calculated while calculating the end of service.
Question
I’ve been working in a company in Dubai for the last three years on an unlimited contract but salaries and commissions have not been paid for the last four months. I’m now planning to go back to my country. If I file a complaint for non-payment and then resign, will my visa be cancelled before the payment of dues? If the grace period is 30 days after cancellation and my employer doesn’t clear my gratuity and dues within that time how do I go about getting my dues? Is there any way I can still fight to get my dues even after leaving the UAE? Because I need to go home for an urgent matter.
Answer
If no amicable solution is reached with the employer after filing a complaint with the Ministry of Labour (Human Resources and Emiratisation), you can ask them to refer the complaint to a labour court. In this case, your visa will remain valid until a final decision is passed. However, if you are unable to stay in the UAE until the end of your case, you may apply to the ministry for an application to request the cancellation of sponsorship and accordingly you can retain a lawyer to follow up on your case.
