Questions & Answers
Claim for the end of service benefits after termination for redundancy
Dear Sir,
I worked for a consultancy firm in Dubai from October 2015 to September 2018. I have several questions:
1 - I moved to Morrocco in Jan 2018 with the approval of my employer, I kept working with my employer and recieving monthly salary payments up until the end of September 2018.
Then I received an email saying that I would be terminated due to economic reasons (I have the written proof as well as bank statements).
2- Upon my moving to Morocco, my salary was reduced from AED 21000 to AED 11000 without justification as to the reduction.
3- My employer refuses to pay my end of service as well as the salaries for September and October, as I have a 30-day leave notice which I have worked.
Is there any legal recourse or otherwise I can seize to solve the matter as the employer doesn't return my calls anymore and they do not reply to my emails.
Thanks in advance,
Amin Echcherradi
Dear Mr. Amin,
Good afternoon. Thank you so much for keeping in contact.
Since you have moved to Morocco with the approval of the employer, and even after you were paid by the employer. This is a clear indication of your continuous service with the employer.
So you are entitled to receive all the end of service benefits contemplated as per the UAE Labour Law.
Please feel free to contact me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further clarification or explanation on this.
Regards,
Anitha Rajeev
Dear Mr Echcherradi,
Thank you for getting in touch with me on this.
I understand you were working in the UAE up to January 2018 and thereafter, on the request of your employer, you shifted base to Morroco and continued to work from Morroco.
Your salary was issued on time for the services that you were providing from Morroco.
The reduction of salary once you shifted to Morocco is arbitrary and unlawful as per the UAE Labour Law.
I hope you have the labour contract between yourself and the company which state that your salary is AED 21,000/-. This is binding between the parties and cannot be varied unilaterally.
The termination letter received by you in September 2018 amounts to arbitrary termination considering the same was given without any justified and cogent reasons.
The Labor Law would provide you with three months of salary as compensation towards this arbitrary termination.
In summary, you are entitled to the shortfall of your salary, three months salary towards compensation, salary for September and October, gratuity plus all the amounts on 9% legal interest.
You have a right to claim all the above dues within 1 year from September 2018, as all employer employee rights are extinguished upon expiry of 1 year from the date of cause of action.
You must immediately raise a complaint with the Ministry of Labour and lodge a labour case against your company.
You can get in touch with me on hari.wadhwana@gmail.com or +971 52 9495731 for further assistance and discussion on how to proceed with this case.
I trust you will find this appropriate.
Regards,
Hari Wadhwana
