Termination of employment under Article 120 of UAE Labour Law

Sir, I left for an emergency leave after getting proper approval through email and direct communication with my boss and even I was in touch on Whatsapp during the whole period in India.

So in that case, I can understand no notice required but he should pay my last month salary with leave salary + air ticket as I worked 2 and half years.

The first contract was limited, then we renewed with an unlimited contract with 90 days notice.

Kindly advise.

I believe you should file a labour complaint in this case. If there is no settlement you can take your employer to Labor Court.

Sir, I filed a complaint in labour but they are not listening and saying that I'm not eligible to take any amount from the employer.

They transferred it to the court and said I that have to file a case from my own within 15 days, otherwise a 1-year labour ban on me then I withdraw the complaint.

The owner doesn't want to pay any amount even I called tried to sort out from my level but he wants to go court.

Please advise.

You have the right to go to the court and represent yourself. If you do not speak Arabic the court will appoint a legal translator to attend the hearing together with you.

However, most judges understand English but they have to bring a translator to fulfill the legal requirements.

Make sure you take all the supporting documents legally translated into Arabic supported by a written draft of the whole situation.

I can assist you drafting such memo to be presented to the labor court on time.

Best regards,

Ahmed Elnaggar

Sir,

The problem is that the court will take at least 2-3 months in the hearing, and under article 120 if an employee is outside the country then he will not be entitled to the gratuity and air ticket.

This means the employer has the right to forfeit even I have a genuine reason and approved email but the court will not listen so only last month 10 days salary and part leave salary is not such a big amount to go court.

Maybe they will put a ban on me and I am here with my family with two kids studying. I cant find a job and it's hard to survive without an income. That's why I had withdrawn the case from labour.

Anyway how much you will charge for the help and I have to make a complaint again in labour, then only we can go to court.

Please advise and give your personal mobile no. & email id to make contact with you.

Please note that the court can take longer than 2-3 month. This is to satisfy the legal procedures and there is no way around it.

In regards to the article 120, I already mentioned in my first answer to you that the motive or the reason to commit any of the actions listed in article 120 actions should not be considered to the Employer, and it's a very weak argument if it is raised before the court.

So, the hospitalization of your mother should not be an excuse to commit any of the actions mentioned within.

The reason being genuine or true has nothing to do with the fact that it is harmful to the company's interests or means a breach of the law.

If you have an approved leave then the clause no. 120 is not applicable to your case, this is your argument that you should present to the judge at the court hearing.

If you have withdrawn your complaint from Ministry of Labor already, I do not understand what is the relevance of your questions now.

You decided to drop your rights before Ministry of Labor and you do not want to go to the court. What do you want to do?

I believe you have to think and decide first what is your purpose out of this and to put complete info before posting your questions to save yourself wasted time.

In my opinion, the Ministry of Labor may refrain from accepting your complaint again regarding the same subject matter after you withdraw it.

If they do accept it, I advise you to continue until you reach the court level and get a verdict to close this subject for good.

The most important that you should direct your energy to try to find a job that secures you steady income now.

Ok. Thanks for the reply.

Welcome.