جميع المدن, الإمارات العربية المتحدة

Labour complaint and liability of the employer

My husband filed a labor complaint in court and the demand was 200,000 AED including the delayed salary (6months)+gratuity+reimbursement claim for medical insurance under company + immigration fine due to the failure of renewing his visa.

The court judgment is only 46,000 and his salary as per contract is 9,000 while the current salary where most of the delays were made is 12,000 AED.

What is the basis of judgement in your opinion? Did they base it on BASIC SALARY for the delayed + gratuity? Do we need to appeal against the court decision, because we are afraid that we might lose even this money as we cannot afford to hire a lawyer?

Moreover, we paid the immigration fine of 10,000 AED from our pocket as they said it has nothing to do with the case. Can you please enlighten because of what his company did to us lead us to lending money and we are expecting at least to get the 6 months full salary + gratuity and the fines that we pay for overstay due to this company.

إقرأ سالم

دكتور حسن المرزوقي للمحاماة والاستشارات القانونية

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اجتماع

9 Aug 2017, 08:24

Dear,

The immigration fines are the personal liability and should not be claimed from the ex-employers. However, the said judgment is appealable depending upon the correct calculation for the end of service benefits by your lawyer or yourself.

If you will file an appeal, may be the other party will file the same and the chances either you get more or less in accordance with law.

Regards

9 Aug 2017, 08:38

Thank you for your valuable response.

I have a follow-up question, because the delayed salary is accumulated and not consecutive, for example, they will delay the salary for 1-2 months then paid 1 month in between then delay 1 month again. How the court is dealing with this because we have provided the court statement of account (in Arabic) showing the delays.

For the immigration fines, what if this is the fault of the company and we even got a letter from their company under the signatory of their CEO that they are processing the visa and it was their fault why there were delays in renewal?

Is the process of appeal will be of similar procedure like before and we have to start all over again?

9 Aug 2017, 11:03

If the fine is due to a fault of the employers in visa processing, they are liable.

The appeal procedures are same and should be appealed against the judgment of the first instance Court.

9 Aug 2017, 11:17

Just one last question, if the company is liable because of their fault in visa processing why the immigration in Sharjah obliged my husband to pay the fines?

Do we need to file a separate case in Immigration so that the company will pay back to us these fines?

Thank you very much.

9 Aug 2017, 11:27

It depends on the facts and circumstances and also the lawyer or the client presenting the case before the court.

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