I originally resigned from my company at the beginning of August, giving proper notice and making sure that they had a clear month to find my replacement. Before any final payments were made my residency visa was cancelled with the free zone, and I was asked to do an immediate visa run to change my status. I refused as I am allowed 30 days' grace to do this. My employer has declined to pay for any flights and he is claiming that he'd already paid for my annual flight in 2013, even though this is not the case. He was unwilling to pay the gratuity due to me until I gave him proof of new employment, something I have been happy to do. When I went to pick up the final cheque my employer was not present and the cheque left for me was for far less than I am owed. I refused to sign the paperwork and I have been threatened with a ban from the premises. I was also told that unless I accept the cheque, the amount offered would just decrease. I have only ever been given a basic contract and I have also never received a labour card. DJ, Fujairah
A residency visa should not be cancelled until the end of the notice period and when the employee has received all monies due. If a contract of employment states that the company will pay for an annual flight then they are obliged to do so. This can be payment for the flight itself, or by way of a cash payment in lieu as agreed. In addition UAE Labour Law states that if an employee leaves service to return to their home country the employer must pay for that flight. In this case DJ’s new employment is not the concern of the old employer and he has no right to hold back any end of service gratuity due. This is supposed to be paid with the final salary payment and the paying of it is not optional, with the amounts due clearly set out in law. I have advised DJ not to sign anything until all monies have been paid in full and to contact the Ministry of Labour to register a complaint.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
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