Questions & Answers
Labour rights in case of termination for changing management
Hi,
My company decided to sell it to a different owner, they said it's up to us if we want to stay on our job.
If we choose to stay, they will cancel our visa and the new owner will process a new visa but we will pay all the expenses for processing a visa, Emirates ID and medical...etc.
So I volunteered not to continue working with them. I have been with the company for 7 months. They give us a notice a month ago.
Am I capable to get compensation from our previous company?
Please let me know, as I'll be jobless soon.
Hoping for your kind advice so I know my rights.
Your entitlement from the previous owner.
GRATUITY: To be entitled to gratuity you have to complete one year of service.
NOTICE: If the employee did not complete the probationary period - if the employee is appointed under a probationary period and dismissal occurred during or at the end of the said period, no compensation is payable and no notice OR the notice payment is required to be paid.
If you completed your probation you will be entitled to one to three months notice (as mentioned in your contract) provided you complete the notice period.
LEAVE: since you did not complete one year you will be entitled to 2 days per month of complete service instead of 30 days per year.
AIR TICKET: One-way air ticket if you will exit the country upon cancellation.
COMPENSATION: For termination of the contract under limited contract or arbitrary dismissal under unlimited you will have to establish arbitrary dismissal. In this case, you were given the option to continue working and you chose to resign therefore you will not be entitled to any compensation.
All employee's who will cancel the visa and continue must collect their dues from the old employer.
The new employer will be liable only for the new contract unless he agrees in writing to pay for the old contract dues.
I trust this helps.
