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Dubai, UAE

How to claim dues from a European company which has a subsidiary in the UAE?

Dear all,

I was hired as GM for a company in Dubaï which is a subsidiary of a European Holding. For 3 months, I did not receive my salary. The local company (LLC) is about to close with no more assets & no local funds.

We used to receive funds from this holding to pay all local expenses. My company doesn't want to terminate my contract even they invoke that I am not working.

Indeed, they removed from me the business car, the professional phone number, and the professional email without notice. The local sponsor and the director of the holding are the only ones mentioned as managers & shareholders on the trade license.

Any chance to get my salaries + gratuities? Should I send a letter of resignation then and cancel my visa if the local sponsor accepts?

What are the legal consequences for both sides?

According to my employment contract, I should have 3 months' notice period for termination. In case of an "act of negligence", they can terminate my contract immediately (no notice period).

Waiting for your advice,

Thanks!

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Mohammed Bani Hashem Advocates & Legal Consultants
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19 May 2021, 05:46

Dear Questioner,

Pursuant to the query, any act of negligence was there on your side?

If not, then you can claim for the notice period as per the contract. Further, we need to know your matter in detail to give you proper advice.

Kindly contact us.

Thank You!

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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19 May 2021, 08:26

Hello,

As per your query, please note that as the company is getting closed, then you can claim your dues by legal procedure.

In case of termination, if you go before the court, it should be as per the employment contract clause. For resignation too, it should be as per the contract. However, in case of resignation, the compensation should not vary, however it depends on a case-by-case basis.

Please contact us via phone or email.

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Elnaggar & Partners
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19 May 2021, 09:00

Yes, you can claim your late salaries for more than three months. Moreover, you can demand to terminate the contract as per clause 120.

Samira Alzarooni Advocates and Legal Consultants
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19 May 2021, 10:31

We can help you to register a complaint about pending payments which you can claim as it is your right.

Meanwhile, you should also ask for the payments from your company and have written conversation proofs and see if they can pay you.

If you need legal advice on the resignation/termination part, you can either visit our office or call 80060 to get help from MOHRE.

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