Legal Question in Employment Law in United Arab Emirates
hi,
i have been terminated from my company saying that i have passed secret information about the company. after that i have file a case in the labour office against my company saying that its just a false termination i have never leak any information for the company.
now the case is been transfer to the court and the court have ask my company to swear on Quran if i have leak secret information for the company.
here my question is that if the company do so , then what will be the court decision ? like will i be still eligible for my leave salary ,pending salary , gratuity or any other benefits ?
my 2nd question is, how many chances will be given to the company to swear on Quran because already 5 times they are fail to do soo & they make silly excuse in front of court like owner is out of country,we want to change some thing in the documents , request the court to give us next date e.t.c .
1 Answer from Attorneys
27.01.2013
Dear Sir / Madam,
(Abu Dhabi / Al Ain / Dubai / Fujairah / Ras-al-Khaimah / Um-al-Quwain - UAE)
When the Company officials are dilly-dallying in the production of evidence / facts against you, and swearing on oath in the Sharia Court, itself implies they do not have substantial reasons to terminate your services from the Company. As I see it, the Court will turn down the Company stand and pass orders to reinstate your services in the Company.
Even if by chance the Sharia Court upholds your termination, they will be fair to you by passing a judgement that you will be paid all your dues in the Company plus terminal benefits as prescribed by the UAE Law.
Regards,
FCA Prashant Chavan
Mumbai