Signing Clearance Letter about Labour Entitlements while in Service


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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