Failure to pay wages considered arbitrary termination - Dubai Cassation Court

A case at the Dubai Cassation Court has resulted in six new principles - all favouring workers – governing labour relations.

Under its ruling, the court has decided that failing to pay wages is considered an arbitrary termination of service and entailed compensation.Also, salaries are not considered as cleared by the court unless the employer submits the relevant documents.

The ruling also found that even if the employer fails to take or finish the necessary procedures for employment, the worker still has rights and an employer’s obligations to workers should be fulfilled.

It also found that the worker’s uninterrupted service to the employer or his legal successor was considered continuous since the joining date, even if the two parties had more than one labour contract.

And lastly, the evidence of court-appointed experts can also be subject to evaluation before being used in sentencing. The court–appointed experts should meet the parties in dispute and failing to submit documents does not invalidate an expert’s report.

The six principles were issued on the wake of a case been brought to the Cassation Court.An employee had asked a company to pay him Dh3.7m he claimed that he was entitled to.

The employee had requested the payment of D450,000 in unpaid salaries and Dh50,000 for a month’s notice, Dh150,000 compensation for arbitrary termination of service, Dh88,000 for end of services, Dh3 million in commission entitlements, and Dh3,000 for a return air ticket.

Based on the report of an expert assigned by the Court of First Instance, the court had ordered the company to pay the plaintiff Dh3.4m and to provide an air ticket should he not find another job.

The Appeal Court has reduced the sentenced amount to Dh1.8 million, as the employee lost his right in claiming some of the commissions because of a lapse of over a year following the due date.

The company had appealed the sentence to the Cassation Court, which has turned down the appeal and upheld the sentence of the Appeal Court, ordering it to pay Dh1.8m to the plaintiff.

The Cassation Court has based in its sentence and principles on Articles No.1 and 58 of the Labour Law.

workers entitled to end fixed contract if companies shut down or end operations before the expiry of employment contracts-Dubai Court of Cassation

Companies that shut down and end operations before the expiry of employment contracts signed between them and workers is legally entitled to end working relationship, without considering it as arbitrary termination, ruled Dubai Court of Cassation.

The Court confirmed “the non-availability of the grounds provided for in Article 120 of the Labour Code, does not take away the right of employers to terminate the contract of fixed-term with his employees as long as they have the justification for such decision".

The Article 120 of Labour Code specifies cases wherein employers may terminate employment relationship with workers, in cases such as the latter not passing probationary period or violating instructions of work safety, or disclosing secrets of work, or if they involve in any crime, etc.

The Court of Cassation was hearing the appeal of a verdict of a case involving an Executive Director of a Dubai free zone company.

The plaintiff asked the court to oblige the company where he worked to pay him Dh493,000 (Dh150,000 as six months' salary; Dh170,000 compensation for unfair termination; Dh13,000 transportation allowance; Dh50,000 as housing allowance).

He also requested Dh5,000 half-annual allowance; Dh10,000 in tickets; Dh35,000 as end-of-service benefits; Dh26,000 instead of warning; Dh14,000 equivalent to the period of 17 days from the last month for working before being fired.

He said in his lawsuit that he had joined the company on a fixed-term contract for two years, at a monthly salary of Dh25,000 but was surprised with the decision of dismissing him after six months.

The Court of First Instance earlier ruled to dismiss the case. Later the Court of Appeal upheld the ruling of the Court of First Instance. However, the plaintiff did not accept either ruling and challenged the same before the Court of Cassation.

The Court of Cassation, in turn, accepted one request on the appellant - that of Dh14,000 for working for a period of 17 days - and rejected the other requests. The court said the appellant is eligible to receive Dh14,000.

Firm can terminate fixed-term contract with justifiable reasons-Dubai Court of Cassation

Court rejects employee's request for compensation from firm for ending 2-year contract before time

Companies that shut down and end operations before the expiry of employment contracts signed between them and workers is legally entitled to end working relationship, without considering it as arbitrary termination, ruled Dubai Court of Cassation.

The Court confirmed “the non-availability of the grounds provided for in Article 120 of the Labour Code, does not take away the right of employers to terminate the contract of fixed-term with his employees as long as they have the justification for such decision".

The Article 120 of Labour Code specifies cases wherein employers may terminate employment relationship with workers, in cases such as the latter not passing probationary period or violating instructions of work safety, or disclosing secrets of work, or if they involve in any crime, etc.

The Court of Cassation was hearing the appeal of a verdict of a case involving an Executive Director of a Dubai free zone company.

The plaintiff asked the court to oblige the company where he worked to pay him Dh493,000 (Dh150,000 as six months' salary; Dh170,000 compensation for unfair termination; Dh13,000 transportation allowance; Dh50,000 as housing allowance).

He also requested Dh5,000 half-annual allowance; Dh10,000 in tickets; Dh35,000 as end-of-service benefits; Dh26,000 instead of warning; Dh14,000 equivalent to the period of 17 days from the last month for working before being fired.

He said in his lawsuit that he had joined the company on a fixed-term contract for two years, at a monthly salary of Dh25,000 but was surprised with the decision of dismissing him after six months.

The Court of First Instance earlier ruled to dismiss the case. Later the Court of Appeal upheld the ruling of the Court of First Instance. However, the plaintiff did not accept either ruling and challenged the same before the Court of Cassation.The Court of Cassation, in turn, accepted one request on the appellant - that of Dh14,000 for working for a period of 17 days - and rejected the other requests. The court said the appellant is eligible to receive Dh14,000.

By Mohammed Al Sadafy

Student Visa Dubai

The UAE educational system comprises of a variety of academic institutions - Schools, Colleges and Universities. Furthermore, there are several Training Institutes that offer professional qualification and training programs in various fields. Each institution has its own objective, structure, and admission requirements.

 

There are a few governmental universities and colleges in UAE where admission is restricted to nationals only. However, there are several private institutions where enrollment is open to any student who meets the admission requirements.

A student may enroll in any program of his/her choice. Programs may vary from academic, technical, and professional degree programs in various disciplines, preparing students for careers in research and professional practice in every field.

Once you've identified programs of interest to you, you must apply for admission. The first step in this important process is to be sure that the institution at the top of your list is willing to accept you. The institution will need to review your academic background to determine whether you are likely to succeed in its program.

Student Visa

 

To enroll in primary, secondary or high schools a residence visa is required. However, student visas are provided by all colleges and universities and also a few training institutes. It is preferable to check this before admission. sponsor must be one of the licensed Universities or Educational Institutions in the UAE (recognized by the Ministry of Higher Education)

 

E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped)

Required documents:

• Clear passport copy of the sponsor
• Copy of the establishment card
• Copy of the trade license
• Traveler insurance

Fees:

AED 1110 e-DNRD fees 

AED 1120 e-form fees 

AED 1000 deposit refundable upon departure of the sponsored person

Dubai Visit Visa

90 Days Long-Term Visit Visa (Individuals) 
E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsor or authorized signatories (signed and stamped)
Required documents:

• Clear passport copy of the sponsor
• Clear passport copy of the sponsored person
• A copy of the salary certificate or employment contract of the sponsor (resident) must be attached
• Proof of family relationship (kinship)
• Traveler insurance 

Fees: 

• AED 1110 e-DNRD fees.  
• AED 1120 e-form fees  
• AED 1000 deposit, refundable upon departure of the sponsored person.  
• Valid for 60 days from the issue date and non-renewable  
• Valid for 90 days from the arrival date and non-renewable.  

30 Days Short-Term Visit Visa (Individuals) 

E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped)
Required documents: 

• Clear passport copy of the sponsor.  
• Clear passport copy of the sponsored person  
• A copy of the salary certificate or employment contract of the sponsor (resident) must be attached  
• Proof of family relationship.  
• Traveler insurance.  

Fees :

• AED 610 e-DNRD fees.  
• AED 620 e-form fees  
• AED 1000 deposit, refundable upon departure of the sponsored person.  
• Valid for 60 days from the issue date and non-renewable 
• Valid for 30 days from arrival date and non-renewable 

30 Days Short-Term Visit Visa (Companies) 

E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped)
Required documents:  

• Clear passport copy of the sponsor.  
• Copy of the establishment card.  
• Traveler insurance 

Fees:

• AED 610 e-DNRD fees.  
• AED 620 e-form fees 
• AED 1000 deposit, refundable upon departure of the sponsored person. 
• Valid for 60 days from the issue date and non-renewable 
• Valid for 30 days from the arrival date and non-renewable  

90 Days Long-term Visit Visa (Companies)  
E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped)
Required documents: 

• Clear passport copy of the sponsor.  
• Copy of the establishment card.  
• Traveler insurance

Fees: 

• AED 1100 e-DNRD fees 
• AED 1120 e-form fees 
• AED 1000 deposit, refundable upon departure of the sponsored person.  
• Valid for 60 days from the issue date and non-renewable 
• Valid for 90 days from the arrival date and non-renewable