Cases of recalculating workers’ financial dues after the end of the contract in the Emirates
One of the legal advisors in the United Arab Emirates explained the cases of recalculating workers’ financial dues after the end of the contract in the Emirates as part of his answer to a person’s inquiry regarding his financial dues to the company in which he worked.
There have been instances in the Emirates where workers' financial obligations have been recalculated after the conclusion of their contracts.
As part of his response to a person's request regarding his financial dues to the company for which he worked, one of the legal advisers in the United Arab Emirates highlighted the cases of recalculating workers' financial dues after the conclusion of the contract in the Emirates. The individual had asked about his financial dues to the firm for which he had worked.
Is it permissible to file a lawsuit to recalculate workers’ entitlements after receiving them?
Is it possible to initiate a lawsuit in order to reevaluate the amount of benefits that have already been awarded to workers? A reader wrote in with a question, and in it, he said something along these lines: "I had been working in a company for (12) years, and my services were terminated, and my resulting dues were calculated, but the calculation of the dues included derogation and errors in some rights, and given the difficult circumstances that I was going through at that time and the necessity of me fulfilling... Due to the fact that I had a lot of duties at home, with my family, and at the bank, I agreed to and signed that calculation, and the dues were distributed despite the fact that it was unfair. I also signed a paper recognizing receipt of dues and canceling residency. I am under the impression that my signature on this computation does not preclude me from afterwards requesting that my dues be recalculated. Do I have permission to continue living here? A lawsuit that demands the dues be recalculated and that requires my former employer to pay the remainder of the dues that were not paid to me based on this calculation?
When does an employee in the UAE resort to the judiciary to obtain his financial entitlements?
When is it necessary for a worker in the UAE to seek the assistance of the judicial system in order to achieve his financial entitlements? In response to this question, Counselor Dr. Youssef Al-Sharif provides the following response: First and foremost, answering the question requires differentiating between signing the receipt of the dues at the Ministry of Human Resources in the form prepared for this purpose on the occasion of cancellation of residency, which is a general, not detailed, form of the dues and how to calculate them, which is what judicial rulings have established that it does not count. It is evidence that the employee has been paid the appropriate amount. If you do not express any objections or reservations while signing the receipt of the dues on a declaration from the employer that includes the specifics of the dues, this becomes a binding acknowledgment to you with regard to the dues that are listed in the declaration. As for anything other than these, your lack of opposition and reservation is deemed a waiver on your part, unless it is demonstrated that you have committed fraud or deception on the part of the employer. This is something that has been repeatedly stated in court rulings.