Hello again Team, I posted the below message on the Introductions for New Members Page... as I didnt have the option to post here, but hopefully someone will be able to help... Ive already had some good advice from one member and hoping someone can help here....
Hi all,
Thought I would sign up to the forum, I am hoping to get some answers in regards to employment law in the UAE. Would rather put my questions out for public perusal before deciding on which course of action to take.
I am currently working for a US Company, not working in the UAE, but the company is Registered to Dubai Internet City, therefore we fall under UAE employment law.
Myself and 60 colleagues, have been told that our services are no longer required and that with effect December we will be released from our limited contracts (13 month contracts with renewal options). So we fall under the Termination without Cause distinction in our contracts. Ill post below what the clause is, so all you budding or actual lawyers can have a quick look and see if it is worth persuing severance gratuities:
C. Termination Without Cause
Employer has the right, in its sole discretion, to terminate this Contract without cause at any time. In the event of such termination, the Employee shall be entitled to a pro-rated completion bonus, payment of accrued annual leave pay and return transportation. Employer shall be responsible for return transportation costs as provided in Paragraph 17.D.
Now it looks fairly cut and dry, but after a little research have discovered that any amibiguities in contracts, then the Labour Department will generally rule in favor of the employee. Now to me, the paragraph doesnt say anything about severance pay, wether in my positive or negative and therefore is ambigiuos.
The reason we are looking into this matter is that any gratuity payment will be significant (50,000 USD +) as we are on a resonably high salary. I know most of you will be complaining, take it to a lawyer, but wondering if anyone has been in this situation. All up any benefits will be in the proximity of 70,000 USD, so it is important for us to do our research.
I have been working for the company for almost 3 years and most have been here 5 years+.
Hopefully someone can offer some advice...
Cheers
totalpackage