Questions & Answers
Can I resign and join a new company without affecting my settlement claim?
Dear Sir/Madam,
I recently filed a complaint with MOHRE and received a call from them today asking for my claims. I am working as an electrical engineer under a limited contract.
My start date was March 10, 2022, but my labor contract was not completed until April 24, 2022.
- My offer letter states that my salary is 25,000 AED per month, but my employer made my labor contract state that my salary is 15,000 AED per month. The employer has paid me partial salaries as he wished, sometimes 25,000 AED and sometimes 15,000 AED. As of today, my partial/pending salaries total 150,000 AED in 14 months of service.
- The employer has failed to provide me with medical health insurance. Also, as per my offer letter, the employer agreed to provide medical health insurance to my family. However, the employer has failed to reimburse me for any submitted bills.
- The employer has failed to pay my annual leave.
In such a scenario, what will happen with MOHRE? Can I resign and join a new company without affecting my settlement claim?
Should I apply for 1-month leave as per my right and look for a new job?
Hello,
We are pleased to provide the requested service.
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. If the solution is not resolved, the file is referred to the court, and a session is set for 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; seizure of bank accounts and company cars, banning the manager from traveling, and other procedures.
In the event that the file is referred to the court, you need an expert lawyer in these cases.
Dear Questioner,
1) The start date is the actual date, even if it is not written in the contract. But you have to prove that date.
2) The job offer is irrelevant in this case.
3) The salary approved by the court is the real salary, not the salary in the contract. However, you must be able to prove the real salary. If you have received 25,000 dirhams in more than one month, this is enough to prove that it is the real salary.
4) The employer is legally obligated to provide medical insurance to employees, regardless of whether it is written in the job offer or not.
5) You are entitled to an annual leave allowance.
6) Do not do anything before submitting a complaint to the Ministry of Human Resources.
