Gulf News

Don’t resign under employer’s pressure

- Mohammad Ebrahim Al Shaiba

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.

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