Dubai Forums Dubai Expat Forums Working in Dubai

PLEASE HELP ME, I was not paid for over 3 months while I was working in Dubai with TECOM based IT company in Internet city. Now instead of paying my dues the employer is asking money from me.

Background:
I was employed in India/Dubai for close to four months (14th May – 6th Sept 2012). I was hired as a Dubai employee with all the benefits including the salary in Dirahms. I was based in India for the initial period till the time my visa was processed. The company had arranged for my Dubai visa and the Mumbai-Dubai airfare. I am currently based out in India.

Issue:
Unfortunately, the company never paid any salary for over three+ months (June to 6th Sept). I was only paid for the initial 17 days (May2012). Thereafter for the month of June while I was in India and July, August and part of September when I was in Dubai, they did not pay me my monthly salary. I moved to Dubai on 1st July after my visa got done. Whenever I approached them, I was only given empty assurances and there was no action. Apart from the monthly salary, the company had also assured me for an advance amount for my settlement in Dubai on my arrival which was never paid to me. I ended up funding my Dubai living expenses out of my savings from back home. All in all it was a stressful experience.

Completely frustrated, I decided to officially put down my papers and move back to India. I gave the required notice to the company and completed all the formalities amicably. On their part they immediately cancelled my visa and relieved me from my services in a few days time. They also agreed to waive off my notice period even though I had offered to completely serve it. I did not want to create any problems for myself or my company so I went with the assurances given to me during my relieving. They had confirmed to settle my dues in the next couple of weeks as soon as the money is available to the company. This never happened. Even when funds were available to the company for distribution, my dues were not cleared. I have time and again, politely reached out to the company requesting them to settle my dues but there has been no action so far.


All of sudden few days back, I get an email from the company asking me to pay money to the company. I was shocked and taken aback by this email. For the last 6 months they have been playing along and suggesting that the outstanding amount that the company owes me will be settled at the earliest and then out of nowhere this email asking me to pay them instead of they paying me.

I have all the email communications, the contract letter, the service letter and also the salary slips with me which can prove that I was not paid my salary and also prove that I am not suppose to pay them.


Request:
I was hoping to get some help and guidance from you such that I can recover my dues. I want to demand what is truthfully mine. It is not only me, but there are many other employees of the company who are not paid for several months.

Please advice what should be my approach.

Can I file a complain with the Dubai Labour Department from India?
After filing the complain can I follow-up on the complain from India or I have to be there in person?
Should I be hiring a lawyer for representing my case?

Any help/suggestion is highly appreciated.

Thank you.

I would advise you to speak with your legal consultant. If you go to the Gulf News website, you can ask a legal consultant about this issue and it may be featured in their newspaper. Look in the "Ask the Law" section in the website. Good luck!

prowheels ,

Thank you very much. I will do that.

bhav1311 wrote:officially put down my papers and move back to India. I gave the required notice to the company and completed all the formalities amicably. On their part they immediately cancelled my visa and relieved me from my services in a few days time. They also agreed to waive off my notice period even though I had offered to completely serve it. I did not want to create any problems for myself or my company so I went with the assurances given to me during my relieving. They had confirmed to settle my dues in the next couple of weeks as soon as the money is available to the company. This never happened. Even when funds were available to the company for distribution, my dues were not cleared. I have time and again, politely reached out to the company requesting

dont waste your time fighting them , you will get nothing out of them. it happened to a friend of mine, he took the company to court, But the court delayed so much that its wasnt worth it. it actually costed more than what the company owed. so he quite the case.

if the company wants money back , tell them to f*ck off, you owe them nothing . dont get involved in this for 3 month salary , its really not worth it.

use that energy and time to work on somehting and make money. instead of fighting in a useless fight.

I have written to TECOM autority and am awaiting to hear back from them.........hoping something positive will come out from it.

--- Jan 08, 2013 ---

TECOM has accepted my complaint against my ex-employer. They have send an intimation letter - email which mentions that I have filled a complaint against the company and the company needs to resolve the dispute in three working days or else the complaint will be referred to the Labour Court.

--- Jan 23, 2013 ---

TECOM has comeback stating that they cannot take my complaint forward because I am not in Dubai .

They have asked me to issue a Power of Attorney in favor of someone who is locally available in Dubai and can represent me during the discussion. I do not have any friend or relative in Dubai, so I guess the only option is to appoint a lawyer who can represent my case.

I wanted some suggestions from the experts in this forum -
1. What the typical fees that a lawyer would charge for representing a labor case??

2. Will the lawyer typically charge me the fees all inclusive (one-time) or is it stage based? I mean, if my ex-employer settles the matter in Labor court then we do not need to go to the Dubai court. Do the lawyers in Dubai charge a one-time lump sum or can it be on a staggered basis depending upon the progress of the case.

3. Any recommendation for a honest and helpful lawyer based on your past experience?

4. Apart from the lawyer fees what are the typical other court expenses that I should be prepared for?

5. How do I issue a POA for someone in Dubai when I am not locally in Dubai?

Any suggestions/guidance is highly appreciated.

Thank you.

--- Jan 25, 2013 ---

Any help guys??? Thanks.

Bossman is correct.

These things are time consuming. But doesnt mean you should not fight. I am employed in a TECOm company. I understand TECOM will try and resolve the issue between the parties amicably. However if they feel they cannot then will refer to Labor Ministry and Dubai court. There is someone i know who is helping my boss with an issue as an advisor. Let me check further and advise. Inbox me your email address.

Best Wishes

Raj N

You can add the company to our Black List of companies in Dubai.
I think we should create a black list of employers in the Working in Dubai Section.

I am also curious about this case details. Did you sign any contracts?
How did the company explain that you need to pay them money?

@Raj N - I have send you a response with me email details.

@Andyba - Yes I had signed an unlimited contract with the company.

The company has asked me to refund their hiring costs which they paid to the HR consultant claiming that I left the job in my probation period. This is not true because I have a 'Service Letter' issued by the company which clearly gives my service start and the service end date with the company. This period is more than the probation period mentioned in my contract letter.

Secondly, they are claiming that I did not serve my 3 months notice period and they are claiming money for that as well. This again is untrue before I had clearly given my notice of 3 mothns in writing to the company over email.

What do you have to do with their HR consultant costs? If anything they should ask for money from their HR consultant if you as an employee was not up to their expectations.

But I don't know if the notice over email has the same weight as a written notice on paper signed by your employer.

How do they explain not paying you the salary for 3 months?