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 XXXXX@XXXXXX.XXX
Residence address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
CELL# +XXXXXXXXXXXXXXX OR +XXXXXXXXXXXXX
I HOPE JUSTICE WILL BE DONE.
REGARDS XXXXX XXXXX
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
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).