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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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I am a GM in a company in Dubai for the last 4.5 years, I received

Customer Question

I am a GM in a company in Dubai for the last 4.5 years, I received a termination letter on Thursday without any dispute or whatsoever under the claim of restructuring of the company and my last day is 27/1/2012! What should I do and what is my rights as per UAE labor law? Deep thanks
Submitted: 2 years ago.
Category: Legal
Expert:  N Cal Attorney replied 2 years ago.
The UAE Labour Law is posted at
http://www.gulftalent.com/repository/ext/UAE_Labour_Law.pdf

These provisions are relevant:

Article 125
The Employer shall provide the worker, at the latter's request upon expiry of his
contract, with an end of service certificate, which shall be free of charge and shall
specify the service commencement and end dates, total period of service, the nature
of the work he was performing, and his last wage and supplements, if any. The
Employer shall return any certificates, documents and tools belonging to the worker.

Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation
to his point of hire or to any other point that was mutually agreed upon. Where a
worker joins another employer upon expiry of his contract, the latter shall bear the
cost of the worker's repatriation at the end of his service.
Without prejudice to the foregoing, if the employer fails to return the worker or to
pay his repatriation expenses, the competent authorities shall do so at the employer's
expense and may then recover any expenditure incurred in this connection by
attachment.
Where the reason for the termination of the contract is attributable to the worker, his
repatriation shall be at his own expense if he has the means to pay.

Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker’s “repatriation expenses”
refers to the value of his travel ticket as well as the travel expenses of his
family and the cost of shipping of his personal effects, as stipulated in the
Labour contract or the firm’s policies.
2. A worker who is provided with accommodation by his employer shall vacate it
within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified
period for any reason, provided, however, that the employer pays the worker
the following:
• the expenses specified in paragraph 1 of this Article.
severance pay and any other entitlements the employee is bound to
pay in accordance with the employment contract, the firm’s policies, or
the law.
4. if the worker contests the amount of the expenses and entitlements referred to
above, the Labour Department concerned shall urgently determine these
expenses and entitlements within a week from notification, and shall
promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this
Article shall be calculated to run from the date on which the employer
deposits the value of the expenses and entitlements, as determined by the
Labour Departments concerned, with the Ministry of Labour’s treasury. If the
worker does not vacate the accommodation within the said thirty-day period,
the Labour Department, with the assistance of the authorities concerned in
the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s right to contest
its application before the competent court.

Article 131 (repeated 2)
1. Employer shall submit to the competent labour department a bank guarantee
whose type, value, submission procedures, firms and companies to whom it is
applicable, and other relevant terms shall be specified in a Council of
Ministers’ resolution. This guarantee shall be used to ensure optimum
fulfillment of employer’s obligations provided for under Articles 131 and 131
(repeated), of this Law.
2. Deduction of any amount from the bank guarantee referred to in paragraph 1
hereof shall be based on a court judgment, with the exception of the following:
• Cost of a worker’s repatriation to his country of origin or the point
agreed upon with the employer.
• The amounts that the employer admits before the competent labour
court that they are due to the worker.
In these two cases, the Ministry reserves the right to deduct such entitlements
from the guarantee referred to in paragraph 1 hereof and pay to the worker in
fulfillment of his established dues.

Section II: Severance Pay
Article 132
A worker who has completed one or more years of continuous service shall be entitled
to severance pay at the end of his employment. The days of absence from work
without pay shall not be included in calculating the period of service. The severance
pay shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the
aggregate amount of severance pay should not exceed two year's wage.

Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually
served, provided that he has completed one year of continuous service.

Article 140
Where a firm has a provident fund for the workers and the rules of the fund stipulate
that whatever the employer pays into the fund for the worker's account is in discharge
of his legal obligation in respect of severance pay, the worker shall be paid the savings
balance in his account or the severance pay due under the Law, whichever is the
greater. Where the rules of the fund do not stipulate that the amounts paid by the
employer are in discharge of his legal obligation toward the severance pay, the worker
shall receive whatever is due to him in the provident fund in addition to the statutory
severance pay.

Article 141
Where a firm has a retirement, insurance or a similar scheme, a worker who is
entitled to a retirement pension may opt for treatment under the said pension or
severance pay or under the pension or insurance scheme, whichever is more
advantageous to him.

I hope this information is helpful.
Customer: replied 2 years ago.
This is simply copy/ paste of labour law ! he didn't mention basic information that I know as a GM such as notice period! The feedback is way below expectations! Sorry
Expert:  N Cal Attorney replied 2 years ago.
You asked what your rights are so I gave you those sections of the Labour Law.

The Experts here cannot give specific advice, only information and opinions. I cannot tell you what to do other than to suggest that you consult a local attorney if you have a legal problem.

You can find employment attorneys in the UAE listed at
http://www.hg.org/law-firms/Employees-Rights/United-Arab-Emirates.html

If you have a specific question I can try to answer it. You asked:
"What should I do and what is my rights as per UAE labor law?"

I gave you the statutes that define your rights, and I am not allowed to recommend a specific course of action.

Asking "what is my rights" is not a very specific question, so all I could do was post a general answer.

I can suggest having a local attorney review your employment agreement in order to advise you, but the Experts here cannot give legal advice.

I am sorry if the web site failed to meet your expectations, but only a local attorney can give legal advice.

I hope this information is helpful.

Happy New Year!

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