‘Am I entitled to a gratuity from new firm?’

qI’m a Briton who has worked for an international company based in Dubai for more than seven years. During this period I have been transferred to various emirates such as Abu Dhabi, Dubai and Fujairah. My work visa has been transferred from Abu Dhabi to Dubai and now back again to Abu Dhabi. When I questioned this at the time of transferring the visas, I was told that my gratuity would be calculated based on my start date. Based on this commitment, I signed all paperwork stating that I received all benefits. But since then, the management has changed, and I’ve been told that I’m not entitled to a gratuity because I’m an expa- triate and my original contract states that I’m not entitled to a gratuity. I have also quoted the Labour Law and was told that I was not entitled to any such benefits. What should I do?

aA worker’s uninterrupted service for the same employer or its legal successor is considered a continuous service period starting from the date of the initial employment, even if several labour contracts between both sides have been drawn up during that time. This judicial doctrine is set by Dubai’s Supreme Court, which would demand evidence that the employer is the same firm (regardless of several labour contracts or visas). If that can be established, you would be entitled to your full end-of-service gratuity. Acceptable evidence for the court could be salary slips with the same company name across the period of your service or even an internal agreement confirming the continuous relationship. The court that oversees the case will have full authority to decide whether the service period is continuous or not.

I have been a freelancer in Dubai and recently completed some work for a client who is now refusing to pay me the residual amount on my contract. Is there someone I can talk to about this at the Ministry of Labour or would I be better off talking to a lawyer?

If you have evidence of your professional relationship with the client – such as a contract, payment evidence or email exchanges confirming the arrangement – and you have a valid visa to perform the freelance work, you can file a case with the Ministry of Labour. It will investigate the matter and will seek to get both sides to reach a settlement. If no settlement can be achieved, the dispute will be referred to the Dubai Labour Court for a decision.

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