أسئلة وأجوبة
Terminated during local leave and denied gratuity and air ticket. What should I do?
Dear Sir/Madam,
My employer terminated me while I was on my local leave, and he is only going to give me my paid leave for the month of May and the notice period for the month of June.
I asked for a gratuity and an air ticket, but he refused to give them. What should I do now? Should I complain to MOHRE?
Dear Questioner,
If your employer terminated your employment while you were on local leave and is refusing to provide you with your end-of-service benefits, including gratuity and airfare, you have the right to pursue your claims through legal channels. Here are the steps you can take:
1. Consult an Employment Lawyer:
Before taking any action, consider consulting with an employment lawyer who is familiar with UAE labor laws. They can provide you with legal advice tailored to your specific situation and guide you through the process of pursuing your claims.
2. Document Everything:
Gather all relevant documentation related to your employment, including your employment contract, termination letter (if any), salary statements, and any communication with your employer regarding your end-of-service benefits.
3. Attempt to Resolve Amicably:
Before filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE), consider attempting to resolve the dispute amicably with your employer through negotiation or mediation. Clearly communicate your entitlements under UAE labor laws and seek a mutually acceptable resolution.
4. File a Complaint with MOHRE:
If your employer refuses to cooperate or negotiate, you have the option to file a complaint with MOHRE. You can submit a complaint online through the MOHRE website or visit a MOHRE office in person to file your complaint. Provide all relevant documentation to support your claims.
5. Attend Conciliation Meetings:
After filing your complaint, MOHRE will schedule conciliation meetings between you and your employer to attempt to resolve the dispute. Attend these meetings and make your case to the MOHRE mediator. If a resolution is reached, MOHRE will issue a settlement agreement.
6. File a Court Case:
If conciliation efforts fail to resolve the dispute, you have the option to escalate the matter by filing a court case. Your employment lawyer can assist you in preparing and filing the necessary legal documents to initiate legal proceedings against your employer.
7. Follow Legal Procedures:
Throughout the process, ensure that you adhere to all legal procedures and deadlines. Keep copies of all correspondence and documentation related to your case.
It's important to note that labor laws and procedures may vary depending on the specific circumstances of your case and the jurisdiction in which you are employed.
Therefore, seeking legal advice from a qualified employment lawyer is essential to ensure that your rights are protected and that you pursue your claims effectively.
