How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8126
Experience:  since 1983
9653905
Type Your Legal Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

SUBJECT: Discrimination in settling End

Resolved Question:

SUBJECT: Discrimination in settling End Of Service GRATUITY After 14years & 8 months of Service in Emerson Industrial Automation Division Dubai I had submitted my resignation on21st Jan 2013 with a request to relieve me on 1st April 2013. While calculating the END OF SERVICE GRATUITY I feel that the calculations made by HR are NOT in line with COMPANY POLICY or JABEL ALI FREE ZONES RULES. Despite referring the matter to concerned I did not get any convincing response & feel that I have been wronged. I present my submission as follows: I joined Emerson ME Leroy Somer Division on 13th July 1998 as Internal Sales Engineer . Labour Contract as per JAFZA RULES was signed. In April 2001 due to Emerson rebranding, Emerson ME & FISHER ROSEMONT ME were merged in new entity EMERSON FZE Dubai. Attached MEMO dated 25th Feb 2002 Legally all employees of EMERSON FZE were covered as per applicable JAFZA Rules. JAFZA RULES FIRST EDITION JAN 1999 & REVISION IV .SEPT 2005. Clause 9.9.13 “ An employee whose service exceeds one year shall be entitled to a gratuity payment on termination of service at the rate of 21 days pay (or more if the employment contract so specifies) for each year of service. After the first year payment will be pro-rata for the period served.” My End of Service Gratuity was calculated @7days per year till 31st Dec 2007 & @21days from1st Jan 2008. JAFZA being sponsor & my Passport was in their custody for visa cancellation, I had signed the JAFZA END OF SERVICE CERTIFICATE with above Gratuity period. I was informed by HR that all employees are being paid gratuity calculated @7days per year till 31st Dec 2007 & @21days from1st Jan 2008. I came to understand that an employee Mr Francis FERRAO from FISHER ROSEMONT –EPM DIV; who was relieved on 21st MARCH 2013 (after app 20years of service) has been paid GRATUITY @21days for first Five years of service & @30days/year thereafter. Similarly other employees from EPM were paid accordingly. Despite giving all the relevant documents, legal opinions, JAFZA Rules to HR, there was no convincing reply to my Gratuity Queries from HR. You may seek all email correspondence in this regards. I feel this is UNJUSTIFIED. I had reported this to ETHICS COMMITEE who inturn sent the report to V.P. HR Emerson Dubai. He had informed me that the calculations made by them are correct & hence no discrimination. Is it possible to take up the matter with EMERSON H.Q in ST. LOUISE USA through any LAWYER & seek the justice & CLAIM THE BALANCE GRATUITY AMOUNT WITH SUITABLE COMPENSATION. SHOULD YOU NEED ANY FURTHER CLARIFICATIONS OR DOCUMENTS THEN PLEASE DO COMMUNICATE WITH ME .XXX@XXXXXX.XXX orXXX@XXXXXX.XXX


Residence address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.


CELL# +XXXXXXXXXXXXXXX OR +XXXXXXXXXXXXX


I HOPE JUSTICE WILL BE DONE.


REGARDS XXXXX XXXXX

Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hello,

I'm Fran, and I’m a moderator for this topic.
We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.

Thank you,
Fran
Customer: replied 1 year ago.

Hello Fran Please note I have been seeking advice whether it is possible to seek justice from US competant authorities. The brief details as follows.: 1) I worked for app 15years in EMERSON FZE JEBEL ALI FREE ZONE DUBAI. 2) Being American MNC we were complying to all American Trade Compliance & Ethics policies. 3)I had reported the Ethics committee on the DISCRIMININATION via email. Matter was sent to VP HR Emerson Dubai. Who after consulting PWC & the management rejected to my claim. 4) I had complained against Emerson Dubai policy & the discriminination report being sent to them for investigation is absurd. It is like reffering the investigation to accuused . 5) Emerson has Head Quarters at St.Louise-MISSOURI STATE. 6) Ihave posted the querry to JUST ANSWER & paid the necessary fees to seek LEGAL ADVICE if I can get justice from US Authorities. 6) If you need any further clarification/ documents please do contact me Regards XXXXX XXXXX cell#+XXXXXXXXXXXXXX

Expert:  Fran-mod replied 1 year ago.
Hello,

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,

Fran
Expert:  N Cal Attorney replied 1 year ago.

If the company is in St. Louis, it can be sued there for breach of the UAE Labour Law.

I have to ask if your employment was originally for a fixed term or if it was for an indefinite term.

Did you complain to the Ministry of Labour in Dubai?

Expert:  N Cal Attorney replied 1 year ago.
Do you have a copy of your contract?

Does it have any clause that specifies jurisdiction for resolution of disputes?
Customer: replied 1 year ago.

Hello,


 


Emerson FZE is operating in Jebel Ali Free zone & hence JAFZA was our sponsors.


 


Employment contract was for indefinite period. JAFZA being sponsors our PASSPORTS were in their custody for Employment Visa cancellation. I did not lodge any complaint with Ministry of labour/JAFZA.


 


I have contract copy & states the jurisdiction as JAFZA UAE. My con tension is following


 


1) We were strictly following Trade compliance & Ethics as per US laws.


2)Emerson has ETHICS policy which do not allow discrimination/ harrasment.


3)JAFZA rules (copy available on web ) clearly states gratuity @21days per year.


4)My colleague from process management division relived on21st March was paid gratuity @21days where as I was paid @7days.


5) I think this is discrimination & wish to seek justice from Emerson HQ since Emerson Dubai is in denial mode.


 


 


 

Expert:  N Cal Attorney replied 1 year ago.
You are correct that you are entitled to 21 days per year for service, see
http://www.jafza.ae/media-files/2010/06/06/20100606_RULES-.pdf
but if the contract specifies that disputes must be heard in Dubai, the US Courts will very probably refuse to hear the case.

You can find labor lawyers in Dubai listed at
http://www.hg.org/law-firms/employment/united-arab-emirates/dubai.html
who can assist you in suing for breach of your contract, or assist you in filing a complaint with the Ministry of Labour, see
http://www.mol.gov.ae/english/newIndex.aspx
for office locations.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8126
Experience: since 1983
N Cal Attorney and 13 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.