Q: As a result of the current pandemic, the company asked me to be on long unpaid leave and agreed to pay my pending salaries. They have sent a termination letter… A: I advise you to file a labour complaint with the ministry for unpaid salaries, end of service benefits and any unpaid leave salaries…

Umm Al Quwain, UAE

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How to claim gratuity and unpaid salaries after termination for COVID-19

I am employed in a private firm and my visa is from Umm Al Quwain.

As a result of the current pandemic, the company asked me to be on long unpaid leave and agreed to pay my pending salaries along with the employees still on the payroll.

Now they have sent a termination letter as my visa is expiring this March '21. However, my salaries for 4 months are still not paid. I can register a labour complaint.

In case it is not resolved through MOL, then it would be referred to court. This would take some time and my visa is expiring, so there are sure chances of overstay fine.

Who will bear them and also the legal charges, if any?

Also if I get an opportunity to work with a new organisation, would there be any issues with a new employment visa?

Look forward to your kind suggestions.

Regards,

L. R.

Rajasree Ravivarma

Hussain Lootah & Associates

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4 Mar 2021, 07:19

Dear Mr L. R.,

After reading your question, I advise you to file a labour complaint with the ministry for unpaid salaries, end of service benefits and any unpaid leave salaries.

Your employer shall not terminate you while you are on unpaid leave. I am not sure if your employer has sent you a non-renewal notice or termination notice.

Further, once you file the dispute you may continue your stay in the UAE even if the visa expires and there will be no overstay fines on you.

Please note that the legal charges shall be borne by you, and a part of it can be recovered from your employer if you could get a favourable judgement form the court.

If you get a new offer from a new employer you may request the court to permit you to have a temporary work permit.

If you require more clarification please feel free to contact me.

Thank you.

Regards,

Rajasree Ravivarma

7 Mar 2021, 10:30

Thank you for your reply.

As per the company offer letter, the employee will be paid an air passage allowance for the self and family with 2 kids on completion of 12 months of continuous service once a year.

Past 6 months, the company kept me on long unpaid leave but I was in the UAE. Just before 1 month of visa expiry, the company has issued a termination letter.

Will I be eligible for this air passage allowance only if I leave the country as a repatriation ticket or even if I am in the country (with a new company) it is applicable?

I have a week for my visa to expire, should I wait or file a labour complaint at the earliest.

8 Mar 2021, 10:16

Dear L.,

If the offer letter states it as an additional benefit, you can claim it even if you don't travel. As per labour law, only repatriation expenses can be claimed.

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