Questions & Answers
Shortfall of salary and non-payment of settlement upon resignation
Hi
I was working with a company for last 3.10 years. In 2018 and because of the financial problems, the company was struggling to pay salaries to the employees and most of the employees got terminated or resigned.
I also started searching for a new job as I was getting half of my salary for 6 months. Fortunately, I got a new job and the company asked me to join immediately.
I requested my current company to cancel my visa as soon as possible and they agreed. I cancelled my family visa and they ask me to sign the cancellation paper and the settlement will be processed within 2 weeks.
Because of the urgency, I signed the paper by believing the company. But now they are not paying the amount and simply avoiding me with some excuses.
I was struggling with my family for 6 months with half a salary and now they cheated me also.
Please advise me, what do I need to do with this?
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
I completely understand your position and you have my complete support herein.
Firstly, you have a legal right under the UAE Labour Law to get your rightful dues which would include the shortfall of salary for 6 months preceding cancellation, gratuity for three years, compensation of three months salary, salary towards notice period and unpaid leaves, if any.
All of these amounts are legal dues which can be claimed by you before the UAE Labour Court and these claims can be made along with 9% legal interest.
Secondly, I would strongly urge you to visit Tahseel Office or contact the Ministry of Labour on 80060 to lodge your labour case.
Please explain all the details along with the documentary proof i.e. labour contract, salary statement which would show shortfall, resignation/ termination letter. A labour case will be lodged against the company.
Lastly, even if you signed the cancellation papers, still you hold a valid and legitimate right to file labour case against the company and claim your dues against them.
I would suggest not to waste any more time and act proactively to file your labour case. This case will not affect your new employment so you don't need to worry about that.
If you need assistance in filing the labour case or litigating on your behalf then you can contact me on 052-9495731 or email.
I trust you will find this appropriate and helpful.
Regards,
Hari Wadhwana
