Ensure that any terms of UAE employment are properly documented and set out in the labour contract

I was employed in a senior position by a company in Abu Dhabi last December. The contract given to me stated "limited 12 months contract" and was on plain paper without any company stamp or signatures. Despite numerous requests I did not receive anything else, but have seen the labour contract which states that the term was "unlimited". A few days ago I was told verbally that I was being terminated and no reason was given. Within hours my access to everything was revoked and I was told I was no longer required at the office. The internal contract I was given states that I would be given three months' notice if I was terminated in this way, but there is nothing like this in the labour contract. I contacted the Ministry of Labour and they told me I had no case. I understand they spoke to the company PRO who assured them that the appropriate payment would be made to me. I would like to know what are my dues and what I should do to get them. I want the cost of a flight home and my annual bonus. MB, Abu Dhabi

The employment contract that is taken as legitimate will be the one that was lodged with the ministry so if this said MB was on an unlimited contract these are the terms that will apply. He will be owed a month’s income as notice and a flight back to his home country, assuming he leaves the UAE. If he does not leave, the responsibility for a flight transfers to his next employer. If there is another contract with more favourable terms he would have to fight them to get this, but unless this is a formal document signed by the employer it is unlikely it will be recognised. It is unusual that a bonus would be paid after less than a year of service, so entitlement to that will depend on the wording of the recognised contract of employment. The lesson here is to ensure that any terms of employment that are agreed at the outset are properly documented and set out in the labour contract so that they cannot be disputed at a later date.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 year’s experience. Contact her at [e-mail]. 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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