Questions & Answers
Holding gratuity and labor entitlements after resignation
Hi,
Good day.
I have been working with a company for 5 years and a half. Then I applied for my resignation (with a 1 month notice period as per my contract) and my service ended on June 30, 2018.
A month after, my manager contacted me and asked me to sign some "pre-termination" paper. When I asked about my gratuity payment, He mentions that I can get it within a month or two and that if I still didn't receive it, I can still have grounds for complaint that I can submit to the Ministry of Labour.
However, I still declined to sign any letter. They then just told me that they'll contact me if ever the cheque is ready.
My question is:
- Was my action right by not signing any papers considering I had no guarantee of receiving my gratuity?
- Also, since I'm still looking for a job currently (and I want to settle things amicably), is it an option for me to simply just wait it out until they contact me again with regards to my cancellation and gratuity?
Thank you and have a nice day.
Hello there,
1. Your action was 100% correct.
2. You don't need any guarantees from their side. They are obliged to pay you all your labour entitlements as per the UAE Federal Labor Law.
3. You should not wait. What I do recommend is to file an immediate Labor Complaint against them.
If you want to wait, it's your decision. But you shall not wait for One year since it is the time bar determined by Law.
This means that after One year starting from the date you are entitled to the gratuity, otherwise you will not be entitled to any single fils (it is legally called "Limitation" due to the passage of time).
Moreover, you should know that, depending on the circumstances, you (as an employee) are either legally exempted from paying the Court Fees or entitled to apply for deferment of fees.
Kind regards.
