Legal Question in Employment Law in United Arab Emirates
Can my former employer file a case against me for the ground of refusing to pay excess gratuity? I resigned and in good terms with my previous company, after 4 mos. they called me and tell that I have to pay back the excess gratuity they had paid me. I refused to do so because first, he did not clearly mention how did they compute the gratuity , second he instantly threatens to sue me and suddenly claim that I am aware of the excess since the beginning and was not informing them, Third I asked him who made the calculation and if he reprimanded him but he refused to mention the name, Fourth, they already cleared me of all the obligations by signing my clearance and cancelling my visa and last, 4 months have passed before only informing me about the matter.
I know that it is quite an odd issue but my former company seems like making a move to file a case. Can they do it? Is it reasonable?
UAE Expat
1 Answer from Attorneys
11.10.2016
Dear Sir / Madam.
The onus lies on the employer to prove in Court that excess Gratuity was actually paid to you.
Regards.