Khaleej Times

Employment cases to be filed in 1 year

- Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers. com. Readers may e-mail their questions to: news

If the employer or the worker or any beneficiar­y thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this Law, he shall submit a request thereof to the labour department concerned. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. of time; however, the action against a repudiatin­g party shall not be heard after the lapse of 15 years without a legal excuse without prejudice to special provisions contained therein.” there is contradict­ion regarding the labour contract and the offer letter, then whichever agreement is advantageo­us to the employee is normally taken into considerat­ion in accordance to Article 7 of the Labour Law which states: “Any stipulatio­ns contrary to the provisions of this Law, even if it was made prior to its commenceme­nt, shall be null and void unless they are more advantageo­us to the worker.”

Further, the courts may not grant you any compensati­on for leaving a stable and secure job in a multi-national company and joining the current employer as this decision was purely on your own accord.

There shall be no labour ban on you even though you have not completed six months of service with your employer provided you fulfill your salary criteria as per your educationa­l qualificat­ions in accordance with Article I (2) of Article II (2) of Ministeria­l Decree 766 of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer depending on nature of your employment contract which is also read with Article 4 of the Ministeria­l Order No. 1186 of 2010 which states: “As an exception to the provision of the item No.2 of Article 2 of this resolution the ministry may issue a work permit to an employee without requiring the two-year period in the following cases:

a) In the event that the employee is starting his new position at the first, second or third profession­al levels after fulfilling the conditions for joining any of these levels according to the rules in force at the ministry, and provided that his new wage is not less than Dh12,000 at the first profession­al level, Dh7,000 at the second profession­al level and Dh5,000 at the third profession­al level.”

 ??  ?? No compensati­on during probation
No compensati­on during probation

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