Questions & Answers
Unfair dismissal by my employer due to filing a complaint
I work for my employer starting from 09/02/2021 till 08/02/2023. Earlier, I was receiving AED 2000 total salary. Basic Salary: 1500, Accommodation and Transportation: 500.
Even though my contract states: Basic Salary: 1500, Accommodation Allowance: First Party, Transportation Allowance: First Party and no amount was stated for such allowances.
My employer suddenly reduced my total salary to 1500 since April 2021 and refused to provide me a decent accommodation.
Upon filing a complaint, my employer arbitrarily dismissed me from work on the 28th of December 2021 without salary from December till now.
He ordered his PRO to throw my laptop bag and belongings outside the shop, locked me outside and stopped me from working till today.
This is my case. Please, what do you suggest I claim now? Because even though my employer terminated me, he never put it in writing but was practically done.
Dear Questioner,
As per new labor law (federal decree law no. 33 of 2021) effective from 2nd February 2022
Article (47)
Illegitimate Termination of the Worker’s Service
1. The termination of the worker’s service by the employer is unlawful if the termination of the worker’s service is due to filing a serious complaint to the Ministry or filing a lawsuit against the employer, whose validity is proven.
2. The employer shall pay fair compensation to the worker estimated by the competent court if it is proven that the termination is unlawful according to Clause (1) of this Article. The amount of compensation shall be defined by taking into account the work type and the amount of damage caused to the worker and his service term. It is required in all cases that the amount of compensation does not exceed the worker’s wage for a period of (3) three months, calculated according to the last wage he was obtaining.
3. The provisions of Clause (2) of this Article shall not prejudice the right of the worker to obtain a notice period allowance and end of service benefits payable to him, in accordance with the provisions hereof.
Meaning your termination is illegal, please proceed with the complaint to MOL.
Regards
