Evidence of over time
necessary to claim dues
An employee, after his contract was terminated, approached the Ministry of Human Resources and Emiratisation, seeking financial compensation of over AED half a million that had accumulated due to overtime and working during official holidays in the 16 years of his service. The worker went ahead to claim the said amount after consulting a friend. The employee said in his complaint that he served as a waiter in a restaurant under unlimited contract. He started with a basic salary of AED 500 dirhams, which increased over time to AED 4,000. He claimed that his financial dues were AED 550,100 for overtime and working on Fridays and public holidays over a period of 16 years that he worked with the restaurant. The employer, on the other hand, told the Ministry, that he faced some financial distresses lately due to which he had to terminate a number of employees, including the complainant. The employer said he was willing to pay all legal dues in addition to the special bonuses and grant the complainant an experience certificate to help him find another job. After several meetings with both the parties, the Legal Scholar in the Ministry, calculated that the amount due was around AED 41,000. The employer agreed to the settlement and added AED 4000, taking the total amount up to AED 45,000. However, the employee refused to agree on the compensation and the legal scholar referred the complaint to labour court, which said the worker was entitled to AED 39,619 only. The employee appealed the verdict but the court rejected the request and pushed the first ruling, stating that in case of claims of overtime or extra time, there should be proper reference from both parties. The employee needs to give details of all the extra work done on a sheet which shall be presented to the judges. The court said in its ruling that the worker’s claims of staying-in during the afternoon resting periods (estimated to four hours daily) is not a sufficient evidence of extra working hours to serve the employer during that period. The Ministry of Human Resource and Emiratisation said both employers and employees should properly follow the Labour Law, especially articles 67-69, which relate to labour complaints clarifications in order to avoid disputes. The ministry said employers or workers can submit any queries on the toll-free number 800 665 and the Ministry’s website www. mohre.gov.ae includes detailed clarifications on laws
An employee, after his contract was terminated, approached the Ministry of Human Resources and Emiratisation, seeking financial compensation of over AED half a million that had accumulated due to overtime and working during official holidays in the 16 years of his service. The worker went ahead to claim the said amount after consulting a friend. The employee said in his complaint that he served as a waiter in a restaurant under unlimited contract. He started with a basic salary of AED 500 dirhams, which increased over time to AED 4,000. He claimed that his financial dues were AED 550,100 for overtime and working on Fridays and public holidays over a period of 16 years that he worked with the restaurant. The employer, on the other hand, told the Ministry, that he faced some financial distresses lately due to which he had to terminate a number of employees, including the complainant. The employer said he was willing to pay all legal dues in addition to the special bonuses and grant the complainant an experience certificate to help him find another job. After several meetings with both the parties, the Legal Scholar in the Ministry, calculated that the amount due was around AED 41,000. The employer agreed to the settlement and added AED 4000, taking the total amount up to AED 45,000. However, the employee refused to agree on the compensation and the legal scholar referred the complaint to labour court, which said the worker was entitled to AED 39,619 only. The employee appealed the verdict but the court rejected the request and pushed the first ruling, stating that in case of claims of overtime or extra time, there should be proper reference from both parties. The employee needs to give details of all the extra work done on a sheet which shall be presented to the judges. The court said in its ruling that the worker’s claims of staying-in during the afternoon resting periods (estimated to four hours daily) is not a sufficient evidence of extra working hours to serve the employer during that period. The Ministry of Human Resource and Emiratisation said both employers and employees should properly follow the Labour Law, especially articles 67-69, which relate to labour complaints clarifications in order to avoid disputes. The ministry said employers or workers can submit any queries on the toll-free number 800 665 and the Ministry’s website www. mohre.gov.ae includes detailed clarifications on laws
No comments:
Post a Comment