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N Cal Attorney
N Cal Attorney, Attorney
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Satisfied Customers: 8785
Experience:  since 1983
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SUBJECT: Discrimination in settling End

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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 .[email protected] [email protected]





Submitted: 2 years ago.
Category: Legal
Expert:  Fran-mod replied 2 years ago.

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Customer: replied 2 years 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 2 years ago.

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.


Expert:  N Cal Attorney replied 2 years 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 2 years ago.
Do you have a copy of your contract?

Does it have any clause that specifies jurisdiction for resolution of disputes?
Customer: replied 2 years ago.



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 2 years ago.
You are correct that you are entitled to 21 days per year for service, see
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
who can assist you in suing for breach of your contract, or assist you in filing a complaint with the Ministry of Labour, see
for office locations.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8785
Experience: since 1983
N Cal Attorney and 16 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 2 years ago.
Thank you for accepting my answer.

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