Questions & Answers
Deferring the hearing of a labour case till deciding on a criminal case
Suppose the employer finds out that the employee has been contacting his clients, and selling vendor products to such clients and accepting money. This has been captured in a CCTV footage, submitted to the police and the case is being under investigation.
Now, the employee does not report to work and files a case in the MOL for overtime and not salary, as the salary is paid on time and payslips are signed by the employee.
Since based on the final judgement, all the benefits for the employee may be nullified as per article 4 of the preamble, can the employer request the MOL to defer the hearing in the case till a final judgement is received in the police case?
Pleases advise if any other means can be taken.
Dear,
In case an employer has solid evidence, then the employee will not be entitled to any benefits but also will be criminally liable and after court proceedings and expiry of the detention period or payment of fines, the employee will be permanently banned to work within the UAE.
The only solution is to settle with the employer amicably.
Regards
To answer your question, "Can the employer request the MOL to defer the hearing in the case till a final judgment is received in the police case?", right now it is in the stage of amicable settlement before MOL.
If an amicable settlement is not reached, the Labour Department must within two weeks from date of receiving the request, submit the dispute to the concerned court.
The submission must be accompanied by a note including a summary of the dispute, the arguments of the opponents and the observation of the Department.
WHAT MUST BE DONE: The employer can file his submission/ argument against the employee under article 120 (Clauses 3, 6 and 7), and provide a supporting complaint copy of the police case to MOL.
Article 120 (Clauses 3,6 and 7)
3. If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the Ministry of Labour of the incident within 48 hours of his becoming aware of its occurrence;
6. If the worker reveals any secret of the establishment in which he is employed;
7. If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals;
The Employee will NOT be entitled to
a) Gratuity (Article 139) - The worker shall be deprived of his end of service gratuity in the following two cases: Should he be dismissed from service for any of the reasons set forth in article 120 hereof, OR should he leave his employment in view of avoiding the dismissal therefrom in accordance with the said article.
b) Repatriation cost (Article 131 para 2) - Should the reason for the termination of the contract be attributable to the worker, the latter shall be repatriated at his own expense should he have the mean
c) Notice period (Article 120) - The employer may dismiss the worker without prior notice.
However, he shall be entitled to pending or accrued salary and leave salary on the basis of the last wage received which he can prove easily through his bank statement.
