Dubai Forums Dubai Expat Forums Working in Dubai

Last week I was working away quietly in my office and one of my subordinates appeared with a letter from my Chairman telling me that my services were no longer required and I should leave the office immedately, that I should submit my claim for pay and benefits.
I should also hand in my company ID cards, health insurance card, company property etc. I stated that as I was under medical treatment could I hold on to my health insurance card. For a month I was told.

How legal was that treatment ? I had committed no crimes/offenses etc., and feel poorly treated. ( I had completed my probation )

If you have less then 12 months service do you still get a proportion of the end of service gratuity ?

As I was given no reasons for dismissal, can I sue ? Can you be told to get out of the company whilst you are under a course of medical treatment ?

I did approach the Labour Ministry in Ras al Khaimah but was told that as my employer came under the RAK Investment Authority, there is nothing that can be done to help me.

Any ideas ?

Thank you.

Meseta

RAK Investment Authority is a Freezone Authority.
If you check you will find that they sponsor your labour card, while your employer sponsors you for residency.

This is the first such case that I have heard like this. Contact the Investment Authority Labour office; ask them why your labour contract is being terminated (on what grounds). As far as I'm aware Freezone employers can also only terminate your services under Article 120 of the Federal Labour Law, and only when specific conditions are met.

The other option is that you look for another job immediately, within the Freezone, as you should be able to move without being banned.

What I suppose has happened is that the owner of your business is friendly with the RAK IA people and has asked that your services are terminated.

You don't say what your medical condition is specifically.... this could also be a factor...

I would approach them and request in writing the exact reasons for your employment termination. They have to give you a reason and it has to be one of the 'Big 5' as Souls has already pointed out in Law 120..

If not, then take it to the Ministry of Labour. Even the Free Zones are subject to the federal employment laws.

Sounds like they were not worth working for anyway.



Knight

RAKIA tell me that they won't speak to individuals, only through a lawyer.

All very helpful. I managed to get 5 minutes on the phone with one of the bigger law firms in Dubai and was told that I probably have a decent case for unfair dismissal, max award 3 months salary.

It would also appear that most of the companies who advertise on the internet don't actually do personal cases, only company to company type work. So if you're in the position of being unemployed through the possible 'unfair scenario' , you really have nowhere to go.

meseta wrote:RAKIA tell me that they won't speak to individuals, only through a lawyer.

All very helpful. I managed to get 5 minutes on the phone with one of the bigger law firms in Dubai and was told that I probably have a decent case for unfair dismissal, max award 3 months salary.

It would also appear that most of the companies who advertise on the internet don't actually do personal cases, only company to company type work. So if you're in the position of being unemployed through the possible 'unfair scenario' , you really have nowhere to go.

Emirates Advocates will handle this type of case.



Knight

Many thanks.

Meseta

Another company to try is Tamimi & Co. They have a special section for UAE employment law and issue a helpful handbook.

Good luck!



Knight