Employers have arbitrarily terminated an employee whom they fail to pay
Six new labor standards that favor employees have been created at the Dubai Cassation Court (DCC).
Failing to pay wages is now seen as arbitrarily terminating the worker and they have the right to be compensated, according to the court ruling.
Employers must also submit the appropriate documentation in order for salaries to be considered as cleared.
In the ruling it was decided that an employee’s rights were still in tact and that the employer had to fulfill obligations to their workers even if the employers had not finished all of the required measures of employment.
Additionally it was found that when two employment contracts exist, such as when an employer has passed the business on to a successor, the uninterrupted service of a worker is seen as being continuous since the time of union.
When sentencing takes place, it was found that the evidence supplied by court-appointed experts is open to being evaluated. That expert will attend a meeting between the disputing parties and their report is not invalidated if they fail to present documentation.
A certain case that was brought forward to the DCC was what sparked the creation of these six new standards.
In that case a worker felt entitled to Dh3.7 million from his employer and asked to be paid.
As a breakdown, that worker was looking for Dh450,000 for unmet salary obligations, as well as Dh50,000 for notice of a month and Dh50,000 as a compensation for what was seen as arbitrary termination. In addition he asked for Dh88,000 for completion of service, Dh3,000 for the cost of return air travel and Dh3 million in commission payments he felt entitled to.
The expert brought in by the Court of First Instance submitted a report detailing that the employer had been ordered to pay their past worker Dh3.4 million and that the cost of return air travel must be covered if he did not secure alternate employment.
In an appeal that figure was reduced to Dh1.8 million due to the fact that the obligation to pay commission was a year past due and had expired.
The employer then took an appeal to the DCC which upheld the reduced amount and ordered the employer to pay out the full Dh1.8 million.
The DCC used the Labor Law Articles no. 1 and 58 when sentencing and forming the standards.Andrew Reid, Staff Writer, Gulf Jobs Market News