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Can an employer revoke what is offered in the termination letter?

Dear sir/madam,

My employer mentioned what they owe me in my termination.

Later, after they fired me and I filed a court case, they sent me another letter telling me if I don’t sign the visa cancellation letter by 2 pm, the amount (which was already mentioned in my termination letter as part of our contractual agreement) will not be paid to me.

This is a small local company and I understand that “without prejudice” is not recognized by the UAE labor law. I, therefore, wonder why they labeled it as such.

Signing the visa cancellation document mean I had to (falsely) confirm that I received all my dues and that I would waive all my legal rights in bringing a claim. Therefore, I didn’t sign.

Question 1: Are they allowed to revoke what they already offered in the termination letter, after they fired me?

Question 2: Is it legal to make the payment of one’s dues subject to signing the visa cancellation? (Can you think why they made it “without prejudice”?)

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Laila Hamza Al Mulla Advocates and Legal Consultants
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24 Dec 2022, 10:30

Dear questioner,

Do not sign the last receipt of work dues or that there is another agreement with checks for your full dues.

The worker can submit a complaint to the Ministry of Labor over the phone or on the website.

All entitlements must be accounted for (overdue salaries, vacations, end-of-service benefits, airline tickets for him and his family, compensation for unfair dismissal, and any other entitlements according to the contract).

The matter is presented for settlement before the employee of the ministry, and if the solution is not resolved, the file is referred to the court, and a session is set for its consideration before the judge.

After the ruling, an implementation file is opened to collect the amount.

There are many actions that can be taken against the company to enforce the judgment; such as the seizure of bank accounts and company cars, banning the manager from traveling, and other procedures.

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Maryam Alyassi Advocates and Legal Consultants
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25 Dec 2022, 07:19

Dear questioner,

Good day!

Your entitlements will be subject to the facts and circumstances.

Kindly provide the below details/docs to advise you better:

1) Employment commencement date and probation period.

2) Reason for termination.

3) Please share copies of the labor contract, termination letter, labor complaint, and letter received regarding the end-of-service payments.

Since your case is already in court/MoHRE, we advise you not to sign any cancellation papers until you are satisfied with the receipt of legitimate payments and rights.

For further discussions, kindly contact us via phone or email.

Best regards,

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