Q: My company terminated me after 11 months (limited contract). They did not give my 2 months' pending salary and commutations. They will tell I've taken a salary. What do I do? A: You can claim (before the Ministry of Labour) three months salary or the remaining period of time (whichever is lower)…

Dubai, UAE

1511

Termination of limited contract and non-payment of entitlements

My company terminated me after 11 months (limited contract). In the offer letter, salary is 2000+1000 (allowance)=3000/month. In the employment contract, salary is 1000+800(allowance) =1800/months.

Now, I put a case on my company because they did not give my 2 months' pending salary and commutations.

My company said we paid more salary as per the employment contract, so if you go to court you will pay an extra salary to the company back.

When I was in India, they sent me only the last page of the contract to sign, still, they did not give me any contract copy. So I don't know about this salary difference.

Now In the court, they will tell I've taken a salary in advance.

What do I do?

Please help me

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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19 Dec 2018, 13:17

You can claim (before the Ministry of Labour) three months salary or the remaining period of time (whichever is lower), as compensation from your employer because the employer broke the contract (if limited contract) ARTICLE 115 or arbitrary termination (if unlimited contract) ARTICLE 123.

Air ticket only if you are going back home and not going to join a new employer - ARTICLE 131

Notice period (30 days) - ARTICLE 117

Leave - The employee is entitled to two days per month (as the employee worked more than six months and less than one year of service and 30 days if more than one year - ARTICLE 75).

No gratuity as you did not complete one year of service.

File the case don't listen. Please go to the Ministry of Labour to get a copy of your contract.

19 Dec 2018, 13:38

Yesterday, the court did a settlement meeting in the office room. My claim is 10000 and the company is ready to give 3000.

So I disagreed. After that, the court asked the company if they can increase the amount a little bit and they said no.

After that, the court suddenly said now the case is closed and I will get a judgment copy on the date of 8 Jan.

So, I am confused. What is a judgment? Is it in my favour or the company's favour?

23 Dec 2018, 11:59

You went to a settlement centre who tries to mediate.

If you are not happy with the offer, ask the settlement department to issue a letter and file a case in the labour court.

Your situation is precarious as the offer letter provides a higher amount and labour contract lower.

Therefore if an employee can show they have received a particular figure as salary every month (supported by the bank statement showing the real the salary amounts credited to the employee’s bank account each month), then this figure will be taken into consideration when calculating the end of service gratuity payment.

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