# fight for compensation!



## alwaysreg (Jun 11, 2009)

hey everybody,
I am fighting for my rightful compensation from my employer due to termination of my limited contract have just filed a complaint at the labor office.
this is my story so far:
*Case Details:*
As on January 2009, 9 months after commencement of (limited )labor contract, my company informed me that they no longer require my services due to the market recession and fall in sales and I was paid my last salary on 5th January 2009 for the month of December2008. The company then offered me an option to take ‘unpaid’ leave for 4 months and return to home country, which I did take.

I returned to the UA.E. in May 2009 and reported at the company office .The company management then offered to accept me back if I agreed on a new contract valid for 3 months only and a salary of Dhs 3000(Basic salary of my limited contract) with a minimum percentage on sales .I refused the offer and requested them to give me a month’s time on the sponsored visa to look out for a new job. The company gave me an extension of the ‘unpaid’ leave for a month. Unfortunately I was unable to get any good job offers as per my work experience and salary expectations.

Hence on 1st of July 2009, I informed them to go ahead with the termination of contract and cancel my sponsored visa as per the U.A.E. labor law.The company has agreed to do so but they are offering 3 months basic salary (Dhs 9000/-) towards labor contract termination. where as I should be compensated for the aggregate salary of 3 months as per article 115 of labor law. I also consulted the labor office legal adviser on the matter who also informed me that the compensation I should receive is 3 months full salary based on the last salary received.

on 26/07/09 I requested the company to reconsider their offer in a meeting, as per the advice of the legal adviser, but they refused to accept it and insist that it is as per the labor law; furthermore they also refused to issue me a formal termination letter since I rejected their settlement offer.

my experience @ labor office:
well as long as u talk to them on phone they seem eager to help u but the truth is far far from reality.it took me 4 days to just register my complaint and now the 1st appt date is like 2 weeks later.the staff at labo office are like least bothered. they just come there ,warm the seats chatt amongst their friends,always on the cellphone (women) their staff strength at any given day is 2-4 when it should be 20-25.atleast.their is a huge backlog of work n the papers are just piling up.anyone new to MOL will just be tossed around from counter to counter .their is no coordination .it is very very frustrating.
just wanted to share this experience with u all.


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## Sumair (Aug 16, 2008)

alwaysreg said:


> hey everybody,
> I am fighting for my rightful compensation from my employer due to termination of my limited contract have just filed a complaint at the labor office.
> this is my story so far:
> *Case Details:*
> ...



I am really very sorry about ur case , but truth is everyone knows about the current situation and whether it is employer or employee both are affected by current economic downturn.

As per Article 123 of Federal labour law " Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage." 

Now in ur case there are three issue :

1) Termination is arbitrarily or not ? we will take it as you are arbitrarily dismissed.

2) The maximum compensation you cant get is three months salary subject to the assessment of court. 

3) Definition of "last wage"

Point 2) Please note that your case will be forwarded to labour court after initial assessment from labour office. Initial assessment will take some time. In court you need some interpreter and it will cost you financially and physically.

Point3) I understand that you were getting some type of allowances alng with your basic salary. Wage is defined as " The wage shall include the cost of living allowance." . 

Now re-consider all your options and then act!.


Best of Luck!


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