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Q: I have been working in a company for almost two years on a
unlimited contract. Last year, my company made me and other staff sign
on a letter stating that I have received my labour rights. I've
received nothing for some reason, but had to sign. My question here
is; If I leave the company do I have any rights to end-of-service
gratuity as I've already signed a letter. What is my legal position in
terms of such a letter? Will I lose my labour rights for such a letter
and how can I prove before the court that I have not received my
rights? Can I transfer to a new company without the consent of the
employer?
A: According to Dubai Cassation Court, the signing of an
employee on a letter states that he has received his labour right of
end-of-service gratuity while he is in the position and before the
expiry of his contract, such signing away is deemed invalid as at the
time of signing by the employee the rights were not due yet and such a
signature is invalid. Through such invalidity, the law wants to
protect the worker from the employer.
As for transfer of sponsorship, he may transfer to a new company
without the need to obtain consent from the employer since he has
completed more than two years in service.
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