Q: My wife and her colleague's claims against their employer are not given. There are like about 3 1/2 months of pending salary plus gratuity… A: They have a very good case to file against the employer for pending salaries plus gratuity. Also seek three months additional salary towards compensation…

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Filing a labour case for the non-payment of salaries and gratuity

My wife and her colleague's claims against their employer are not given despite begging them repeatedly. There are like about 3 1/2 months of pending salary plus gratuity.

They are now about to move to a new employer. How long will the process be if they finally activate a case against them? Will the process be shortened if we hire a lawyer?

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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6 Mar 2019, 11:46

Dear Sir,

Thank you for reaching out to me on this.

I understand that your wife and her colleague were forced to resign and change jobs due to the employer's unlawful behaviour which is in complete disregard to the UAE Labour Law.

I am assuming that it has not been a year since they changed the job (the UAE Labour Law bars any claim after the expiry of one year).

They have a very good case to file against the employer for pending salaries plus gratuity. They can also seek three months additional salary towards compensation and all the above claims can be made at 9% legal interest.

I believe you should immediately proceed to file a labour claim against the employer.

It is not necessary to have a lawyer litigate your claim, but I would advise having a lawyer as such cases can easily go either way and a professional approach is always better.

You can get in touch with me for further clarification and assistance on 052-9495731 or email me.

I trust you will find the above appropriate.

Regards,

Hari Wadhwana

6 Mar 2019, 13:12

I am afraid that they are running out of funds now and have no plans to pay immediately.

They have a letter they called “assurance letter” that says, they will pay all the remaining dues “within a year” which they sent to my wife and the group.

I wonder that maybe if they sign, it will be used against my wife and colleague to counter the case.

Thanks for your helpful answer and will get in touch with you.

6 Mar 2019, 13:18

Dear Sir,

Please do not sign or accept this "assurance letter" as it is a means to defeat employee claim.

As explained to you, after a year their rights will be waived and you cannot file a legal action to claim these dues.

Even if you believe they are out of funds, you should file the case as this will block their license.

And after the judgement, you can even make an application to arrest the manager of the company.

6 Mar 2019, 16:07

Thanks for the reply.

What if they insist that they have no funds? What happens after the arrest?

Maybe the owner will be jailed and there will be no more claims after that.