Questions & Answers
Rights of the employee in termination for redundancy
I live in Australia and was recently employed by a company in Dubai.
I was made redundant and have not been paid all of my contracted entitlements as I was advised the company was being put into administration.
I don’t believe the company has been put into administration and they are simply looking to avoid payment of monies due.
What can I do?
Thank you
Dear Questioner,
An employer can terminate the employment contract WITHOUT NOTICE nor enumerated under Art.120 of UAE labour law.
Termination under any other reason may be termed as arbitrary dismissal. Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.
If an employee believes that he has been dismissed illegally, he can complain to the Ministry of Human Resources and Emiratisation.
The ministry will try to solve the issue amicably. If an amicable settlement is not reached, the case will be referred to the respective court.
As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay compensation to the employee.
In all cases, the amount of compensation must not exceed the wage of the employee for a period of three months, calculated on the basis of the last wage the worker is entitled to.
If you need any further clarification, please feel free to contact us over email or by Whatsapp or call.
Regards.
Dear Questioner,
Good evening.
Thanks for keeping in touch online.
If you can come to Dubai, you can make a labour claim for all your entitled benefits through Tassheel or Tawfuq.
If you make the claim and if the court investigates in the details of the company, it could be understood whether the company is put into administration or not.
I hope this answer gives an idea to you on how to move ahead.
Please feel free to contact me if you need any further clarification or guidance.
Regards,
Anitha Rajeev.
