Questions & Answers
Termination without notice for making a salary complaint
I worked in a company for more than 5 years. I was terminated (with notice period) after I made a salary complaint.
The labour researcher said it might not be arbitrary dismissal because I'm on an unlimited contract, saying any party may terminate the contract as long as there is notice period. So I didn’t push for it.
We haven’t settled my gratuity yet, but they want to deduct my lates and absences. As of now, I'm just assuming they want to deduct all my lates and absences from my joining date until my last day.
I admit that I have many lates and absences (sick leaves) in my entire employment with them, but they never issued any written warning or imposed any fine as disciplinary actions - they didn’t deduct anything on my salary following every incident.
Is it legal for the company to deduct lates and absences on my gratuity?
Can they count the lates and absences from my joining date until my last day?
Or only for the past few months, or 1 year, or start on my latest renewal date?
Thank you.
Dear Questioner,
Article no. 6 of the UAE Federal Labour law states that “In all cases, no claim for any of the rights provided for in this law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.”
Accordingly, neither the employer nor the employee may claim form any rights out of employment after the lapse of one year.
Moreover, I have noticed that you have mentioned (sick leaves), hence, most likely such have been approved by the employer earlier.
As for the other part of your inquiry related to the arbitrary dismissal, I disagree with the advice given to you – with respect- unlimited labour contracts shall come to an end by agreement between its parties, otherwise it will be automatically renewed.
Should the employer desires to terminate the unlimited contract, it is a must to be in accordance with the article no. 120 of the federal UAE labour law in order to avoid arbitrary dismissal consequences, or else if not, it shall be considered as arbitrary dismissal and the employee has the right to claim for the compensation against such arbitrary dismissal.
Should you have further clarifications you may contact me on 0502292778
I trust this to be appropriate.
