Change of guard won’t hit service benefits

I have been working at a restaurant for the past four years. Last year, my employer verbally promised to increase my salary but did not keep his word. Besides, my previous employer sold his shares to a new owner on April 21 last year. When I decided to quit my job, the new owner said they will only calculate end of service benefits from April 21, 2016. In this case, would I still be eligible for my four years of end-ofservice benefits? Also, the company is not giving employees yearly tickets to home countries or paying leave salaries. What are my legal rights in this situation, vis-à-vis the new employer? Pursuant to your queries, you are entitled to your end-of-service benefits including annual leave not availed, even though there is change in ownership of the employer. This is in accordance with Article 126 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the “Employment Law’’), which states: “Where a change occurs in the form or legal status of the establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the employees of the establishment, and their service shall be deemed to be continuous.

Both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability.”

Based on the aforementioned provision of law, your employer is responsible to pay all your end-of-service benefits and bear the air ticket.

An employee is entitled to a return air ticket from the employer once in two years (expiry of the contract) in accordance with Article 131 of the Employment Law.

Further, an employee can claim unpaid salaries including annual leave salary within one year from the date such amounts are due from the employer in accordance with Article 6 of the Employment Law, which states: “…..In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to Court after the lapse of one year from the date on which such entitlement became due...”

The aforementioned provision is not applicable for end-of-service benefits.

CEO uses abusive language

I have been working for a company for the past 10 months, reporting to the CEO. Recently, a new CEO has been appointed. He is very rude and uses improper language with me. Further, my colleagues also feel that he is abusive. Do I have any legal recourse with which to respond to these behaviours?

Pursuant to your queries, you and other employees, who have objection to such language being used by the CEO, write a letter to him to refrain from using such abusive language and copy this letter to the Ministry of Human Resources and Emiratisation. This is in accordance with Article 155 of the Federal Law No. 8 of 1980 Regulating Employment Relations in the UAE (the ‘Employment Law’), it states: “Where a dispute occurs between one or more employers and all or certain of their employees and the parties fail to settle it amicably, they shall observe the following procedures:

1. The employees shall submit their complaint or claim in writing to the employer and at the same time send a copy of it to the employment department;

2. The employer shall reply in writing to the employee’s complaint or claim within seven working days from the date of receipt of the complaint. He shall at the same time send the ministry a copy of his reply;

3. Where the employer fails to reply within the prescribed time limit or where his reply does not lead to a settlement of the dispute, the competent ministry shall, either of its own motion or at the request of one of the parties to the dispute, mediate with a view to reaching an amicable settlement;

4. Where the complainant is the employer, he shall submit his complaint directly to the ministry, which shall mediate between the parties to settle the dispute amicably.”

Don’t sign before receiving dues

My husband was employed for 38 years with a company and he retired due to health issues. He had signed a document stating that he has received his gratuity and pay till date as this was required by his employer to cancel his visa. The employer did not pay the end-of-service benefits and air ticket fare till date. On enquiring, the company informed my husband that he has signed a document confirming receipt of all his dues. Also, the employer has not paid the end of service benefits and there is no evidence of the payment being made. Do I have any legal way through which to recover the dues?

Pursuant to your queries, you should not have signed ‘work permit cancellation’ document without receipt of your dues from the employer.

A work permit of an employee will only be cancelled once an employee signs the ‘work permit cancellation’ document, which states that he or she has received all the dues. If the employee signs the said document, it is assumed he has no claims against the employer. The Ministry of Human Resources & Emiratisation may not take up your complaint as the work permit of your husband is already cancelled and he is not under the sponsorship of said employer.

However, considering your husband’s long tenure with the company, the ministry may start with filing a complaint against the employer in accordance with Article 4 of the “Ministerial Resolution No. 724 of 2006 On the Administrative Cancellation of Sponsorship” which states: “Without prejudice to the above mentioned, the rules and procedures stipulated in the law and executive resolutions and regulations regarding the facilities that do not settle the obligations held against them shall be implemented.”

Further, you may initiate legal proceedings against the employer before a court of competent jurisdiction. Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United King. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.