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Failure to settle EOSB after resignation for pending salaries

I resigned from my job at a company in Aug. 2018 and completed my one month notice period, then joined a new company in November 2018.

The reason for the resignation was that the company didn't pay the last 4 months' salaries. The company promised me that time they will pay my settlement and pending salaries later.

They gave me only a total settlement paper mentioning my pending salaries and the final end of service settlement.

Then I sent the company daily emails to clear my settlement and they only gave me AED 10,000 in January 2019. There's still a balance of AED 38,697 now.

Can I file a complaint in the labour department against my company?

Please advise if there's any other easy solution.

Thank you.

Al Nassar Advocates & Legal Consultants
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19 Mar 2019, 08:00

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

Please note that your right to claim the pending salary and end of service benefits is still alive.

The UAE Labour Law provides a limitation period of 1 year within which the rights should be claimed and you are still within the time period.

Further, I believe you have a right to claim more amount from your company as they failed to pay your salary for 4 months.

In law, if the employer fails to provide the salary for 2 months, then it is deemed to be a termination and in your case, it will be arbitrary termination.

For such cases, the law affords three months of salary towards compensation. Let me have a look at all the papers and I feel we can escalate the claim.

Lastly, yes, you can file a labour complaint against your old company claiming your dues. You can contact the Ministry of Labour on 80060 for lodging your complaint.

The Ministry will call both the parties to amicably settle the matter. If the matter is not settled, then the Ministry will issue a letter to you to refer the case to court.

You can approach me for legal assistance while the case is in Court.

You can get in touch with me on 052-9495731 or email me for further clarification and assistance.

Regards,

Hari Wadhwana

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