دبي, الإمارات العربية المتحدة

Labour court procedures when the employer fails to attend the hearings

Hi.

I have filed a labour case with Dubai court against my employer for the non-payment of salaries and final settlement. The amount is approximately AED 95000.

My company did not appear for any hearing in the court, and after placing two public advertisements the judge has decided judgement date to be 30 November.

Please advise what happens next.

Can my company still delay procedures?

Is it ok for me to cancel my visa after delivering the judgement and how do I get my money?

نخات ساردر خان

كوشار أند كو إنك. مستشارون قانونيون (فرع دبى)

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8 Oct 2017, 13:29

The court will follow the procedure to summon the employer. After all the procedures are followed, the court will pass a judgment ex parte (in absentia).

Payment of judgment depends on the assets which have to be attached if they are available. Failing of which, the license can be blocked.

You can approach the Labour Court to cancel your visa in the event you have another job offer.

8 Oct 2017, 13:38

Thanks for your response.

Since my employer did not appear in any of the hearings is it possible that he can appeal to higher courts.

Will they accept it now? Will the matter get further delayed for me?

8 Oct 2017, 14:00

Court process in labour matters:

The Court of First Instance (minor or major circuits) is the competent court to hear labour cases and issue a judgement which can be appealed if the claimed value of the case is more than AED 20,000.

The ruling of the Court of Appeal cannot be challenged before the Court of Cassation if the value of the case is less than AED 200,000.

9 Oct 2017, 06:55

Dear Madam,

Thank you for your valuable advice.

Please, one last thing I need to ask. After being unemployed for six months now, I have a job offer in Ajman free zone.

The new company is asking me to cancel my existing visa and be transferred to their visa. Is it ok if I can cancel my existing visa?

Does it affect my court case or judgement? Is there any advantage for me to be on the existing visa, as does it help me in my current court case?

9 Oct 2017, 07:05

No, not at all. Please approach the court with an application. It will not affect your current dispute.

9 Oct 2017, 07:13

Thanks a lot for your advice. It helped a lot.

Please if you can share your number, I will get in touch with you for your legal services.

Stay blessed, you are doing a great job of guiding those in need.

9 Oct 2017, 07:28

My number is 0508855599

Mrs Khan

Most welcome, anytime.

10 Oct 2017, 09:20

Dear Madam, sorry to bother u again, but surely for last time.

I just wanted to know that since my company did not attend any of the hearings in the Court of First Instance, can they further appeal in the Court of Appeal if the judgement of Court of First Instance is not in their favour?

Also, will they have the right to appeal as they so far never appeared in any court proceedings or hearings?

10 Oct 2017, 10:17

Yes, they can appeal even if they didn't appear.

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