Questions & Answers

Ask a lawyer
Dubai, UAE

Can you file a labor case for holding EOSB without affecting your new job?

My son works in an education provider company in Dubai. He started the job on 22 November 2018. He is resigning on 06 June 2022.

The company told him that they need 3 months notice period. So he completed it. Now even though the company is enormously profitable, they are not ready to pay his gratuity.

His take-home salary is 4250 but his basic salary is shown as AED 500 (which is notoriously low). As per my calculation, he is eligible to get AED 1300 at least, but the company says they will not pay and he has to sign a no-dues certificate.

They said if he did not sign, they are telling him they will not hand over his degree certificate (again holding illegally without any proof) and the last month's salary.

My son worked so hard for them and he really deserves that settlement.

What will he do in this situation?

If we file a complaint in the labor court, does this become an issue for his new job joining?

Premium
Shamsa Albedwawi Advocates & Legal Consultants
Chat
Hire
Meet
9 May 2022, 12:53

Hi

Pursuant to your query, even after the employee signs the EOSB he can still file a labor case for the disputed amount.

But it is always advisable to have all the proofs, everything in writing especially if he is sending an email asking for the EOB calculation, and keep it as proof if decided to file a labor case at a later stage.

Moreover, he can still call MOHRE and tell them all the details of the problem he is facing and if he files any case he can join another company without any issues.

9 May 2022, 18:42

Thanks, Madam for your valuable time and advice.

Regarding his situation, he sent an email asking for the final date and final settlement calculation.

But they deliberately replied by only mentioning the final date. Nothing was mentioned regarding the settlement.

11 May 2022, 05:32

As per the labor law, the employer can not hold any legal document of the employee.

So, this act by the employer is completely illegal.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer