Questions & Answers
The time limitation for unclaimed labour entitlements
I was working for a free zone company in JLT Dubai, UAE and I resigned from the company around 12th Nov 2017.
Although I had a pending salary of 5 months, my ex-company assured me that they will pay my pending salary in instalments verbally and sent me a mail stating my pending amount.
So can I still file a case against my ex-company?
Dear Questioner,
Of course, you can file a case against the company. Please take note of Article 6 of the UAE labour law which lays down clearly on limitation period of labour disputes:
"Without prejudice to the rules provided for under this Law concerning collective labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent Labour Department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably.
If no such amicable settlement is reached, the said Department shall, within two weeks from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days from the date of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the Labour Department to explain the content of the memorandum submitted by it".
I would recommend you initiate a complaint with the relevant free zone authority at the earliest. If you need any assistance, you may contact me.
Thank you.
Regards,
Rajasree Ravivarma
0585013663
Dear Questioner,
With reference to your inquiry,
Kindly be informed that, as per the given info, you do have the total right to file a labor complaint (which might be transferred to the Labor Court thereafter, in the event of failure to reach an amicable settlement with you employer).
In that regard, I would like to draw your attention to the time-bar stipulated upon in the UAE Federal Labor Law. It's 1 year starting from the date of your entitlement, which means that, if that period has elapsed without claiming your entitlement, you will have no right to claim the same AT ALL.
Hence, I do recommend initiating the necessary proceedings via filing a labor complaint, by this coming Sunday, October 28, 2018, since your last day of the time-bar will be on November 11, 2018
Wishing you all the best.
Kind Regards,
Sherif M. ElKhatib
