Q: Employer made me sign the employment contract but didn't make the labour card… A: You can prove your case if you'd been receiving salary through the company…

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Can period of working without work permit be claimed by an employee in the court?

Aslamulaikum, I have a query,

I am on my husband's sponsorship and was working in Dubai with one company. I joined in May 2016. Employer made me sign the employment contract in May itself but did not make the labour card. So I worked with only that contract until finally after chasing the employer made the labor card in October 2016. I worked that 4 months without the work permit.

Now as they terminated my employment in March and did not give any right to me I have filed a case in the court against them.

I want to know is it legal if I submit my May Contract in the court as my starting date of work. Will it cause trouble for me? Because I want to fight the injustice that happened to me. Please help.

Thank you.

خالد الحضرمي

دكتور حسن المرزوقي للمحاماة والاستشارات القانونية

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اجتماع

5 Jul 2017, 13:27

You can prove your case if you had been receiving salary through the company, issuing proper salary slips.

We can discuss further if you call us at our office +971 2 666 4003 (Abu Dhabi Branch).

هل هذا المحتوى مفيد؟

نخات ساردر خان

كوشار أند كو إنك. مستشارون قانونيون (فرع دبى)

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اجتماع

8 Jul 2017, 15:35

Dear Employee,

The Employer has the right to terminate you within the probation period so it is important to show that you worked for more than 6 months. Further, it is not your responsibility to arrange for a work permit. If you have any evidence that you worked since May 2016 you can submit it to the Court.

Please note that to be entitled to any benefits you have to work for at least one-year continuous service.

With best regards,

Mrs. Khan

8 Jul 2017, 16:00

Thank you.

They gave no salary for 1 month before termination and no 3 months salary compensation for termination.

8 Jul 2017, 20:47

Please confirm if you have fixed term or unlimited term.

All employees must be paid their full salary and benefits for the duration of the contractual notice period until their termination date.

Getting 3 months compensation has certain conditions. Please find the date of your contract and confirm if you completed the probation period (6 months from the date of the contract).

FIXED TERM: If the contract has a FIXED TERM ie the starting date and the end date is mentioned, then if either party decided to terminate the contract without completing the contract period, then that party must pay the compensation subject to a maximum of three months salary.

UNLIMITED TERM OR NO TERM MENTIONED: The minimum notice period is 30 days (Article 117) unless terminated under Article 88 and 120.

DUES: All employees must be paid their full salary and benefits for the duration of the contractual notice period until their termination date.

TERMINATION FOR A CAUSE: However, employees who are dismissed “for cause” (under Articles 88 or 120 of the Labour Law) will be terminated immediately and will not be entitled to receive the end of service gratuity, notice of termination or any payment for the notice.

ARBITRARY TERMINATION FOR UNLIMITED TERM: An employee who is dismissed arbitrarily (without cause or documentary evidence supporting poor performance) can claim an award of compensation up to three months salary, any contractual entitlements, payment in lieu of any unpaid part of the notice period; payment in lieu of accrued annual leave not taken and end of service gratuity.

I trust this will clarify your concerns.

With best regards,

Mrs. Khan

9 Jul 2017, 12:03

Thank you again. My contract is a fixed term contract.

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