Questions & Answers
Withholding of EOSB upon resignation and serving notice period
Hi,
I have been working for a reputed company in Dubai for 2.5 years. I resigned from the company and served my notice period as per my contract.
Upon my last working day, I submitted all handover. They asked me to hand over my passport and they will only give my final settlement once I cancel my visa and show them the exit stamp or show them new visa if I get a job in Dubai.
I sent them my visa status change copy as I got a job in another company. It's been 2 months, and now my ex-company started raising questions on trivial things like "where are stationary, pens, files, the box, they can't find stuff...etc.", though I gave a handover.
I have been following up on my gratuity & final settlement, but they are not replying and not even informing me anything. No reason was given for holding my money.
Is it legal for my ex-company to hold my final settlement?
I have served my notice period, have a clean record, no warnings, no misconduct.
Can you please guide me? What can I do to get my final settlement?
Thanks
A
Dear Sir/ Madam,
Thank you for getting in touch with me on this and I completely understand your position of confusion.
I would like to state that it is not legal of your previous company to withhold your passport and EOSB.
They are legally obliged to cancel your visa, hand over passport and provide your final settlement letter once the employment relationship ends i.e. after the completion of the notice period.
Also, you need to file a labour complaint against the company with the Ministry of Labor (you can approach Tas'heel centre if you're based in Dubai). They will assist you with the filing of labour case.
Further, any complaint regarding labour case should be filed within a year from which the right accrues. Hence, you need to act swiftly.
You have a very valid, legal and subsisting claim against the company.
I trust you will find this helpful.
Regards,
Hari Wadhwana
