Don’t resign under employer’s pressure
I have worked in a free zone company for more than two years. The management recently accused me of revealing work secrets to a competitor because of which the company lost out on a project and incurred a big loss. I was also accused of accepting commission from the competitor. The management claimed it had proof against me and threatened to file a police complaint if I did not resign immediately. In my resignation letter, I was told to state that I had breached my labour contract. The management’s accusation is false. They are doing this because I asked for my commission and two years annual leave. They knew that I was going to leave the company over these issues. How do I resolve this problem?
If the company had evidence to substantiate their accusation against the questioner, they would have immediately reported him to the authorities. Therefore, I advise the questioner not to resign as doing so will compromise his gratuity as well as weaken his legal position. Also, mentioning the reason for resignation as breach of contract is akin to admitting guilt. The company could present this as the questioner’s acknowledgement (of the charges) and use it against the questioner. The questioner should immediately file a complaint with the free zone authority to claim his rights.
Arbitrary salary reduction
I have worked as an IT manager in a free zone company for more than two years. A month ago, I received an email from the employer asking me to work permanently as a sales executive with a salary reduction of 30 per cent. I rejected the proposal and informed my employer that I would resign and file a labour case against the company if I was forced to accept. The employer then asked me to resign, failing which he would terminate my labour contract. Should I file a complaint against the company?
As per the Dubai Supreme Court, downgrading an employee’s job profile for no reason is a form of arbitrary dismissal and the questioner’s resignation in this case is an expression of his disagreement. The employer is in breach of his obligations towards the employee. Since he has failed to reach an amicable solution, I advise the questioner to file a labour complaint against the company immediately and claim his rights.
■ Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.