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Have you or anyone you know signed a form declaring all dues paid by the company but still haven't received end-of-service benefits? You can still claim your dues with the assistance of the Ministry of Human Resources and Emiratisation (MoHRE).
"If an employee signs a document stating 'all dues paid' and does not receive their end-of-service gratuity, overtime, or benefits, they can approach the ministry and file a case," says Mary Rintu Raju, Legal Associate at Dubai-based NYK Law Firm.
"In such a scenario, the courts will demand documentary evidence from the company to prove that the entitlements were paid. If the company fails to produce such evidence, it is presumed that the employee's signature was obtained for work permit cancellation, while entitlement transfer remains pending," she added.
What are the Employee's Rights in UAE?
Employees have the right to file a case against the company to claim their rightful amount. The ministry will initiate an investigation in such instances.
When asked about the legal procedure an employee should follow, she said: “The employee should ensure that the correct calculation is given to the court when registering a case, along with the circumstances under which the signature and cancellation were processed. If the company states that the settlement was already paid, the employee should request the court to demand proof from the company. Such cases are very common before the Labour Court.”
The ministry will examine evidence to determine whether the company has indeed disbursed the stipulated amount to the employee, reviewing bank statements and other necessary documentation. If the company fails to fulfill the employee's entitlements, the ministry will make a verdict accordingly, unaffected by the employee's signature on the document.
In accordance with recent amendments to a federal law governing employment relations, MoHRE now has the authority to issue a final verdict on disputes valued at less than Dh50,000, provided both parties have not reached a mutual agreement.
Any conflicts between a domestic worker and their employer must be directed to MoHRE for resolution. The ministry is obliged to take all necessary measures to facilitate an amicable settlement. If no resolution is reached within two weeks of filing a complaint, the matter must then be referred to a competent court.
Employees have one year from the last communication with the employer regarding the dispute to file a case. MoHRE may order the employer to provide the worker's wages for up to two months if wages are withheld due to the dispute.
What are the Procedures to File a Complaint with MoHRE?
1. Employees can file the complaint in person, online, or via the call centre at 60056566.
2 .Upon receiving the complaint, MoHRE reviews the case and seeks an amicable solution. If no solution is reached:
3. MoHRE's judgment is final, but execution may be suspended if an appeal is filed.
4. Unsatisfied parties may file a lawsuit before the Court of Appeals within 15 days to appeal the judgment.
5. The Court of Appeals schedules a hearing within three working days and issues a final verdict within 15 working days.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
