Friday 2 April 2010

Not on company's visa


A reader in Dubai asks: I have worked at a special university affiliated to Knowledge Village for more than three years; I signed an employment contract with the university but my residence was not under the university where I am working presently. I submitted my resignation as a better job opportunity became available with a company in Dubai. I asked the university management to provide me with my end-of-service gratuity, but I was told that I was not entitled to anything and that the university was not responsible for my end-of-service dues on the basis that I was not under the university visa. Is it true that I am not entitled to end-of-service gratuity on the grounds that I am not under the company visa? Is it possible to file a complaint before the Ministry of Labour in this regard? Is it possible to approach the competent labour court to claim my labour rights
The university is related to Knowledge Village and not the Ministry of Labour, but the questioner may not be able to file an official complaint against such a university as Knowledge Village might not enable the questioner to approach the competent court to claim his rights on the grounds that both the questioner and university have acted contrary to law and therefore if the questioner files a complaint before Knowledge Village, both the questioner and university might be subject to accountability by Knowledge Village. Also the questioner cannot file a complaint to the labour court directly unless he obtains a letter from Knowledge Village. Therefore, I would advise the questioner to seek reconciliation with the university and obtain his rights amicably.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

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