Has Anyone Taken A Labour Dispute To Court?

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Has anyone taken a labour dispute to court? Jul 15, 2009
My employer cut my pay about 6 months back, forced me to sign a memo accepting it or be fired (a conversation that I recorded on my mobile). Promised (verbally, not recorded) the with the pay cut no more employees would be cut for the rest of the year, yet here I am, terminated a couple of weeks ago.

The labor law says:
1. Employers are not allowed to deduct from an employees salary
2. Any agreements, memos, or contracts shall be written in Arabic

I want to recover the deducted wages.

When I took them to the ministry of labor, the lady said I had no case because I signed the memo. Do laws mean anything here or is it just a matter of how the judge is feeling that day?

Does anyone know a good lawyer?

Any advice is most welcome.

maximusprime
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Jul 15, 2009
First you have to file a complaint against your employer. MOL has a committe for that purpose and I suppose that lady you spoke to wasn't from that committe and hence you shouldn't take her openion as the only option you have.

The committe will ask for the presence of your employer or someone to represent them and you can take it from there, either reach a settlement or move it to court.

Regarding lawyers, I suggest that you ask more than one and go with a lawyer who'd tell you exactly what would happen either ways in the case.

Good luck...
bedro
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Jul 15, 2009
Thanks Bedro,
I've done all of that, we met with the councelor and she said even though the memo is in english it is valid. I am at the point where the next step is to take it to court. I am worried that I am wasting my time.
maximusprime
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Jul 15, 2009
Sadly dude, you and hundreds of other people! I have many many friends that were forced to take paycuts or be without a job.

The courts are so backed up with such cases, it'll take months. You need to weigh up if it's worth it or not to just cut your loses I'm afraid.

And yes, if you signed the memo agreeing to the paycut, then you waived your right to do anything about it.
Chocoholic
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Jul 15, 2009
I have had exactly the same happen to me but I never signed the memo / greed to it will this make a diferance?
loaded
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Jul 15, 2009
PM me if you want a lawer
busa
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Jul 15, 2009
I reckon that you have agreed for the pay cut in return of keeping your job till at least the end of the year. That was a deal and your employer didn't keep their end of it. So I guess you still can sue them for that.

It worthes consulting a lawyer, but cases will take quite sometime in court. So I suggest that you make a cost benefit analysis before you give it a go... Also you might wanna ask the lawyer if they can follow up ur case while you're home...
bedro
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Jul 16, 2009
I'd say it's at least worth a visit to a lawyer to get a legal opinion. And if the company finds out you've been to a lawyer, that might rattle their cage enough to give you something - just let it slip to the office gossip and it should get back to management. I did that once and got all that I thought was owed (even though I had it wrong as it turned out).

They've already fired you so I'm not sure there's anything much to lose is there?
bonk
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Jul 17, 2009
Dubai: Workers who have a labour case at court can apply for a temporary work permit at the Ministry of Labour until a verdict is issued, said a senior ministry official.

http://www.gulfnews.com/nation/Employment/10332183.html
Metaphor79
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Jul 18, 2009
As you may recall, I am a black belt on this. Still fighting the good fight. Came up victorious but appealed anyway. PM sent. Take the jerks down!
dubaidog
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Jul 18, 2009
Oh, and it does not take months. I filed a case...mediation 5 days later, second visit to MoL where I demanded court was 3 days. Court case was assigned within 2 weeks. Court here is a game of wits. It costs the employee NOTHING, but the employer must pay all fees win or lose. As someone who has been 4 times in the last months, it is a cake-walk. They do 45 cases a day before 11am. The people there are helpful, friendly and guide you through it. They are very good. If you speak Arabic, you are laughing.

As a westerner I simply engaged someone to be my rep. and I do what I am told. My lawyer prepared the statement and I submitted it. Easy. Now that I have gainful employment, this can take a year for all I care. I just love that it is free for me and costs CSI 6-8000AED per visit. I hope they burn. I have also not paid the lawyer a Sheckel until I win. He is working for 10%...fine by me.
dubaidog
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Jul 18, 2009
dubaidog wrote:Oh, and it does not take months. I filed a case...mediation 5 days later, second visit to MoL where I demanded court was 3 days. Court case was assigned within 2 weeks. Court here is a game of wits. It costs the employee NOTHING, but the employer must pay all fees win or lose. As someone who has been 4 times in the last months, it is a cake-walk. They do 45 cases a day before 11am. The people there are helpful, friendly and guide you through it. They are very good. If you speak Arabic, you are laughing.

As a westerner I simply engaged someone to be my rep. and I do what I am told. My lawyer prepared the statement and I submitted it. Easy. Now that I have gainful employment, this can take a year for all I care. I just love that it is free for me and costs CSI 6-8000AED per visit. I hope they burn. I have also not paid the lawyer a Sheckel until I win. He is working for 10%...fine by me.


Have you started your blog again? Please send me your website (PM me), seems like I lost it.
K-Dog
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Aug 12, 2009
DubaiDog..

can you provide the contact details of your lawyer.. i havent been able to find anyone who will work on these terms.

many thanks
Issa
issa
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Aug 13, 2009
Isn't there like a workers union or something in the UAE?
MethoD
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undefined Aug 24, 2014
dubaidog , can you please share your lawyer's contact details
papasix
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undefined Jan 20, 2015
dubaidog , Hi there! Your post was helpful. I'm currently in a lawsuit against my ex-employer. Would you be able to give me the contact to your lawyer please? i can be emailed at just2378@gmail.com

Thank you :)

--- Mar 23, 2015 ---

So, i won my court case! It took 5 months, but its done! the Dubai courts were very efficient, fair and prompt. I am in awe of how efficiently the system worked. Of course, there is a chance that my ex-employer would appeal the Judge's ruling, but my faith is renewed and I will fight the injustice done to me until the end. All due credit to my lawyer too- he was brilliant! If anyone would like a legal counsel, please write in to me at just2378@gmail.com i have been there and done that, don't be afraid to fight for your rights. We are living in a civil world.
LadyOnAMission
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undefined May 10, 2015
Anyone have experience of getting visa in DMCC freezone while have one year labour ban? please reply
anikavungal
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undefined May 30, 2015
I was notified around 4 weeks ago that our company is doing a restructure. I was told that they had decided my management position was no longer required but that I would then continue to do same work , but not as a manager of the department. Just before that a man had been employed to be part of my team and work under me. With the restructure, he would then continue the job.. But report to a different manager. 4 weeks later I have been called in to say they have again made changes and that the new man, who was going to report to me initially was now my new boss and that he has taken on the management position that I had. This is illegal in most countries... Is this legal here in dubai ?? Any info appreciated. Thanks
Dissatisfied
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Re: Has Anyone Taken A Labour Dispute To Court? Jun 21, 2015
Dissatisfied , it is legal and it is completely an employer to choice to place anybody on any designation.
alikhalifeh
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Re: Has Anyone Taken A Labour Dispute To Court? Feb 17, 2016
Hello to everyone

I have submitted my resignation while I was suspended. My company is refusing to accept my resignation. It is legal?
Kndk
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undefined Feb 17, 2016
maximusprime ,

Kndk , you can always resign again after the suspension period is over. The employee always has the right to resign and leave as far as the contractual agreement between the employee and employer is adhered to, for example: if it's a limited contract then it is either completed or alternatively if not completed then the clauses are adhered to. But non-acceptance of resignation is not legally allowed - because that implies bonded labor!

Good luck, hope your worries resolve soon.
LadyOnAMission
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Re: Has Anyone Taken A Labour Dispute To Court? Feb 17, 2016
Dear maximusprime,

Thank you for your reply. I was on suspension because I broke code of conduct of the company. Now they are investigating the case for 2 weeks already and have not updated me yet on the result.

I resigned because I need to leave the country for good which I had planned already before my suspension.

All I want to know if it is legal for them to decline my resignation. I don't want to lose days and stay more in this country. What else I can do so they accept my resignation
Kndk
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Re: Has Anyone Taken A Labour Dispute To Court? 24 days ago
Hi

Apologies for resurrecting this now old thread, but could anyone recommend a lawyer or know the name of the lawyer DubaiDog (above) used?

Really could use the help of an astute labour lawyer now.

Thanks for any help!
DanDanDan
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