Questions & Answers
How to claim your labour rights in case of termination for performance
Hi,
I was notified as terminated by my company on 04/Feb/2021 after 5 years. I have a limited contract under JAFZA.
The reasons for termination as per the termination letter is due to my unaccepted management style. My termination came after raising a complaint against the management to the HQ for being discriminated against.
As per the termination letter, the notice period is 2 months Garden Leave per the contract, 2 months termination compensation and my EOS.
I filed a complaint against them to claim 3 months termination compensation instead of 2, my full bonus and the unused leave balance in lieu.
Currently, I am in my home country after I have informed them.
So my questions are,
Is there any risk that my employer can report me as absconded?
The court fees are calculated based on the total unpaid values, or only the additional values I am requesting?
For the bonus, is it likely to be paid based on article 1 of the UAE labour law that defines the wage as whatsoever paid on a regular basis?
Thanks,
A.
Dear Ahmed,
Good morning.
Further to your inquiries above mentioned, please find our below answers as follows:
1- There is no risk of filing an absconding report against you due to the fact that you already filed a labour complaint against your employer.
But how you will follow up on your complaint if you are in your home country? Please elaborate on this point.
2- The court fee is calculated based on the total claim amount no matter if the company admits it or not. If your claim is less than AED 100,000, there are no court fees.
If your claim is more than that you will be obliged to pay 5% as a court fee. The court fee will be refundable once you win your case as well.
3- If you meant the EOS, it should be paid for you based on your basic salary. If you meant bonus/ commission it should be paid on the basis of the payment that your company used to pay you before.
Moreover, you should have solid evidence that you got this kind of bonus before.
Finally, we hope that our answers reach your satisfaction and can help you as well.
If you have any further inquiries or you would like to hire us to follow up on your case, please feel free to contact us at our email or by calling.
Thanks.
The court fee is calculated based on the total claim amount and can be delayed up until the judgement if you are just initiating the case.
There can be a possibility of absconding but can be removed upon request after receiving the judgement from the labour court.
Reach us on the phone for a proper representation of the case.
