Q: I have got a termination of my employment (unlimited contract) due to redundancy. the company was not able to pay the gratuity. They provided the PDC… A: Your termination was wrongful and arbitrary as the reason of redundancy is not legal. It is a good thing that you have received PDC…

Dubai, UAE

1547

Termination for redundancy and gratuity payment via PDC

Dear Mr Hari,

I would like to ask your advice.

I have got a termination of my employment (unlimited contract) due to redundancy on September 2017 (a year ago).

Since my son is under my sponsorship & studying in a Dubai school, I have requested to not cancel the visa until it expires itself.

The company agreed to it due to the bad financial situation and inability to pay right away my "end of service" benefits.

Every 2-3 months they were paying some amounts of the annual leave & annual tickets.

My employment visa was cancelled completely in October 2018, and again due to bad financial situation the company was not able to pay the gratuity right away, so they provided the PDC.

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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12 Dec 2018, 11:21

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

At the outset, I would like to state that your termination was wrongful and arbitrary as the reason of redundancy is not legal as per the labour law.

However, since one year has expired, your right to file a labour dispute is barred.

However, since your employment visa was cancelled on October 2018, there is some room for an argument that you are entitled to your claims but the same will be adjudicated in the court of law.

It is a good thing that you have received PDC as that has some security of payment rather than nothing.

You have two options now:

1- Exit the country and come back to deposit the PDC as and when dated, or

2- Apply for a 6-month visa for searching for a new employment and thereafter deposit the PDC as and when dated.

I trust you will find this helpful.

You can get in touch with me on hari.wadhwana@gmail.com or 052-9495731 for further assistance.

Regards,

Hari Wadhwana

12 Dec 2018, 09:56

The main point in all these is that I was not aware that the company should pay me a back-way ticket + 3 months' salary. Until now, I couldn't encash the cheque due to "no funds in the account".

I called the MOHRE to check my rights about the back-way air ticket and 3 months' salary.

The customer service representative told me after checking my documents in their system that it will be a bit difficult to claim these benefits.

The reason is that my labour card expired in Sept 2018 and actual cancellation happened in October 2018.

He told me that will request their legal adviser to study my case and call me back within 48 hours.

But I want to take your opinion too if I have a right to claim these benefits in spite of the info given by the call centre representative.

Thanking you in advance.

Raisa G.

12 Dec 2018, 11:32

Dear Raisa,

As explained in my previous email, the major issue lies in that you were terminated in Sept 2017 and it's been over a year.

This means that your labour claims are barred and the court may not entertain any requests now.

However, if the MOHRE and thereafter Labour Court accepts your case, then you can claim your return ticket, 3 months salary and gratuity payments before the Court.

The hindrance lies only with the one-year limitation period as explained.

Regards,

Hari Wadhwana

12 Dec 2018, 14:57

Dear Mr Hari,

Thank you very much. I really appreciate your advice.

Rgds,

Raisa

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