Labour Question: Suspension, Leave, and Gratuity?


Question:

  • Is it right to suspend someone 3 months?
  • Is it right to make someone garden leave?
  • What should I do when they delay my wage more than 1 month?
  • How would I be sure they will pay my end of service (gratuity) and last month of my salary?

Answer:

The circumstances around the suspension and gardening leave may determine whether the employer’s action was overreaching the legal boundaries. Further, failure to pay an employee’s wage is a breach on part of the employer and the employee has the right to move to the labor court to pursue a claim against the employer. The UAE Labor Law provides for the end of service entitlements subject to the type of your contract and the term of your employment. Should the employer fail to honor its obligations as provided in the aforesaid labor law, the employee can file a labor claim against the employer in the labor court. Whereas there are specific conditions provided under Article 120 of the UAE Labor Law as to when an employer can terminate an employee without notice, any termination inconsistent with the aforesaid provision may generally be considered as arbitrary termination by the court. Accordingly, to determine whether or not your employment was terminated arbitrarily, we will need further details to assess your legal position. Moreover, in order to determine your entitlements, we will need to assess your documentation such as your labor contract, employment agreement, salary slips, and such other related documents.

So that we are better placed to advise you, we request you to share your availability with us and accordingly we will schedule a paid consultation for you in our office.

Should you have any question, please do not hesitate to contact us.

Thank you.

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