What Should I Do If I Haven’t Received My Final Settlement After Resignation or Termination in Dubai?
If you have resigned from your job or been terminated in Dubai, one of the key issues you need to address is the receipt of your final settlement. This settlement typically includes unpaid wages, unused leave, and end-of-service benefits, but it must be paid in full according to the terms of your employment contract and UAE Labor Law. If you haven’t received your final settlement after resignation or termination, here’s what you can do:
Review Your Employment Contract and Entitlements: Before taking action, carefully review your employment contract to understand the terms of your resignation or termination, especially regarding your final settlement. The UAE Labor Law requires employers to pay end-of-service benefits, unused leave days, and any other dues, such as bonuses or commissions, as part of your final settlement. Ensure you know what you’re entitled to.
Check for Outstanding Payments: Sometimes, final settlements may be delayed due to administrative errors or misunderstandings about the amount owed. Before taking further steps, check with your employer to see if the delay is due to any internal issues, such as processing delays or banking holidays. Ensure that the payment reflects the correct amounts for unpaid wages, accrued leave, and end-of-service gratuity.
Communicate with Your Employer: If you have not received your final settlement, your first course of action should be to communicate with your employer. This could involve sending a polite yet formal written request for the payment, detailing the amounts owed and asking for a timeline for payment. Keep a record of all correspondence with your employer, as this may be important if you need to escalate the matter later.
Seek Assistance from Labour Lawyers in Dubai: If your employer refuses to pay your final settlement or is unresponsive, it’s time to consult labour lawyers in Dubai. These legal professionals specialize in employment issues and can help you understand your rights, calculate the amount due to you, and assist in pursuing the matter. A lawyer will provide you with a clear action plan and can even send a formal legal notice to your employer to demand the payment.
File a Complaint with MOHRE: If you cannot resolve the issue through direct communication or legal counsel, the next step is to file a complaint with the UAE Ministry of Human Resources and Emiratisation (MOHRE). MOHRE offers a formal platform for employees to lodge complaints about unpaid wages, end-of-service benefits, or other employment disputes. MOHRE will investigate the matter, and in many cases, they can mediate between you and your employer to reach a fair resolution.
Pursue Legal Action: If MOHRE mediation does not result in a resolution, you may need to escalate the dispute to the Dubai Labor Court. Labour lawyers in Dubai can guide you through the process of filing a claim in court. The court will review the evidence, including your employment contract, pay slips, and any communications, to determine the amount owed to you. If the court rules in your favor, the employer will be legally obligated to pay the settlement, and the court may also impose fines for non-compliance.
Ensure Visa and Residency Compliance: It’s also important to ensure that your visa and residency status are taken care of in the event of termination or resignation. If your employer does not cancel your visa after termination, you could face legal issues related to your immigration status. Make sure you follow up with your employer regarding the cancellation of your employment visa, as failure to do so could affect your ability to stay in the UAE.
In conclusion, if you haven’t received your final settlement after resignation or termination in Dubai, the first step is to review your entitlements and communicate with your employer. If the issue persists, consulting with labour lawyers in Dubai and filing a complaint with MOHRE are your next best options. Taking prompt action can help ensure that you receive what you are owed under UAE Labor Law
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