Hi,
I was hired in India and was employed in India/Dubai for close to four months. I was hired as a Dubai employee; the offer letter was given by the Dubai arm of the Indian IT company, with all the benefits, including the salary in Dirhams. I was based in India for the initial period of 1.5 months until my visa was processed.
Unfortunately, the company never paid any salary for over three months+. I was only paid (my Dubai Salary equivalent in India) for the initial 17 days of work in India. After this, while I was in India for a month and 3 months when I was in Dubai, they did not pay me my monthly salary. Whenever I approached them, I was only given empty assurances and there was no action. Apart from the monthly salary, the company had also assured me of an advance amount for my settlement in Dubai upon my arrival, which was never paid to me. I ended up funding my Dubai living expenses out of my savings from back home. All in all, it was a stressful experience.
Completely frustrated, I decided to officially resign and move back to India. I gave the required notice to the company and completed all the formalities amicably. On their part, they immediately cancelled my visa and relieved me from my services in a few days. They also agreed to waive off my notice period even though I had offered to serve it completely. I did not want to create any problems for myself or my company, so I went with the assurances given to me during my relieving. They had confirmed to settle my dues in the next couple of weeks as soon as the money is available to the company. Unfortunately, this never happened. Even when funds were available to the company for distribution, my dues were not cleared. I have time and again politely reached out to the company requesting them to settle my dues, but there has been no action so far.
I have all the email communications, the contract letter, the service letter, and also the salary slips with me, which can prove that I was not paid my salary.
Queries:
1. What legal recourse do I have in India to recover my outstanding salary?
2. This incident happened in mid-2012; I followed up for 6-7 months but did not get anywhere. I was also financially challenged to take action then. It is over 1.5 years now; will this be an issue?
3. Any other suggestions or course of action are welcome.
Thanks.
From India, Mumbai
Acknowledge(0)
Amend(0)
I was hired in India and was employed in India/Dubai for close to four months. I was hired as a Dubai employee; the offer letter was given by the Dubai arm of the Indian IT company, with all the benefits, including the salary in Dirhams. I was based in India for the initial period of 1.5 months until my visa was processed.
Unfortunately, the company never paid any salary for over three months+. I was only paid (my Dubai Salary equivalent in India) for the initial 17 days of work in India. After this, while I was in India for a month and 3 months when I was in Dubai, they did not pay me my monthly salary. Whenever I approached them, I was only given empty assurances and there was no action. Apart from the monthly salary, the company had also assured me of an advance amount for my settlement in Dubai upon my arrival, which was never paid to me. I ended up funding my Dubai living expenses out of my savings from back home. All in all, it was a stressful experience.
Completely frustrated, I decided to officially resign and move back to India. I gave the required notice to the company and completed all the formalities amicably. On their part, they immediately cancelled my visa and relieved me from my services in a few days. They also agreed to waive off my notice period even though I had offered to serve it completely. I did not want to create any problems for myself or my company, so I went with the assurances given to me during my relieving. They had confirmed to settle my dues in the next couple of weeks as soon as the money is available to the company. Unfortunately, this never happened. Even when funds were available to the company for distribution, my dues were not cleared. I have time and again politely reached out to the company requesting them to settle my dues, but there has been no action so far.
I have all the email communications, the contract letter, the service letter, and also the salary slips with me, which can prove that I was not paid my salary.
Queries:
1. What legal recourse do I have in India to recover my outstanding salary?
2. This incident happened in mid-2012; I followed up for 6-7 months but did not get anywhere. I was also financially challenged to take action then. It is over 1.5 years now; will this be an issue?
3. Any other suggestions or course of action are welcome.
Thanks.
From India, Mumbai
Acknowledge(0)Amend(0)
You have already wasted quite a time on the subject. Approach a lawyer. He will guide you. Ukmitra
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
306From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
Thank you, Ukmitra, for your response. I agree that quite some time has elapsed.
Some more details and specifics on what I did after I was sure that the company would not pay my outstanding amount:
1. My last communication with the company was in Jan '13 when it became very clear that they didn't have any intention of settling my dues. I lodged an online complaint with the Dubai Labour Court, submitting all the necessary documents and emails.
2. I approached several lawyers to represent my case locally in Dubai. Unfortunately, the labor court required me to be present in person to initiate the hearing. The total cost of my travel, visa, stay, and lawyer was too much for me to bear. Although it did not exceed the amount the company owed me, my financial situation prevented me from taking that risk.
3. I filed a complaint with the Electronic City company redressal forum. They advised me to escalate the matter to the Labour Court and assured me of the strength of my position. The company was also identified as one of those not regularly paying their dues.
4. I sought assistance from the Indian Consulate in Dubai, the Ministry of External Affairs of India, and the Labour Court in Mumbai. At each location, I was given what seemed to be valid reasons that prevented me from progressing further.
5. I also sought help from a couple of NGOs or not-for-profit organizations for guidance. I reached out not for financial aid but solely for advice, yet nothing materialized beyond a certain point.
A few days ago, a friend suggested that I post my situation on law forums online to seek guidance and help that may enable me to escalate this matter further.
So here I am seeking your assistance.
Thanks.
From India, Mumbai
Acknowledge(0)Amend(0)
Some more details and specifics on what I did after I was sure that the company would not pay my outstanding amount:
1. My last communication with the company was in Jan '13 when it became very clear that they didn't have any intention of settling my dues. I lodged an online complaint with the Dubai Labour Court, submitting all the necessary documents and emails.
2. I approached several lawyers to represent my case locally in Dubai. Unfortunately, the labor court required me to be present in person to initiate the hearing. The total cost of my travel, visa, stay, and lawyer was too much for me to bear. Although it did not exceed the amount the company owed me, my financial situation prevented me from taking that risk.
3. I filed a complaint with the Electronic City company redressal forum. They advised me to escalate the matter to the Labour Court and assured me of the strength of my position. The company was also identified as one of those not regularly paying their dues.
4. I sought assistance from the Indian Consulate in Dubai, the Ministry of External Affairs of India, and the Labour Court in Mumbai. At each location, I was given what seemed to be valid reasons that prevented me from progressing further.
5. I also sought help from a couple of NGOs or not-for-profit organizations for guidance. I reached out not for financial aid but solely for advice, yet nothing materialized beyond a certain point.
A few days ago, a friend suggested that I post my situation on law forums online to seek guidance and help that may enable me to escalate this matter further.
So here I am seeking your assistance.
Thanks.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear,
As you mentioned that your appointment and salary are paid by Dubai itself, I don't believe that any Indian labor law shall be applicable to you, as it falls under international law or Dubai labor laws. I would suggest you shed some more light on this matter. You can contact Mr. Madhu T.K., who is a super moderator on Citehr. I hope he can assist you in this regard.
From India, Mumbai
Acknowledge(0)Amend(0)
As you mentioned that your appointment and salary are paid by Dubai itself, I don't believe that any Indian labor law shall be applicable to you, as it falls under international law or Dubai labor laws. I would suggest you shed some more light on this matter. You can contact Mr. Madhu T.K., who is a super moderator on Citehr. I hope he can assist you in this regard.
From India, Mumbai
Acknowledge(0)Amend(0)
Thanks, Tushar. I appreciate your response. I will surely look up Mr. Madhu TK and send him a message.
Firstly, you are right, the offer letter was from Dubai, and I was paid a Dubai salary. However, I was hired from India and also worked in their India office for over a month. During my work in India, I was paid a Dubai equivalent salary in India as well.
Secondly, from my running around in labor offices and labor courts in Mumbai, I have learned that because my wage was more than 15K and I was in a supervisory role, Indian labor laws would not help my cause. So my dilemma is if not the Labor court, then which mechanism or judicial machinery should I opt for to get a remedy? Should it be a Civil case or a Criminal case, or any other option that I have at my disposal?
From India, Mumbai
Acknowledge(0)Amend(0)
Firstly, you are right, the offer letter was from Dubai, and I was paid a Dubai salary. However, I was hired from India and also worked in their India office for over a month. During my work in India, I was paid a Dubai equivalent salary in India as well.
Secondly, from my running around in labor offices and labor courts in Mumbai, I have learned that because my wage was more than 15K and I was in a supervisory role, Indian labor laws would not help my cause. So my dilemma is if not the Labor court, then which mechanism or judicial machinery should I opt for to get a remedy? Should it be a Civil case or a Criminal case, or any other option that I have at my disposal?
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sir,
Yes, if you used to work at a supervisory level and above, then your case cannot be taken to the labour court. However, you can file the case in civil court, as it is not considered under criminal law. The civil case should be filed according to Dubai civil laws, as your contract was issued by Dubai.
So, if I am not mistaken, according to the judicial law, any dispute can be filed in Dubai itself.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Yes, if you used to work at a supervisory level and above, then your case cannot be taken to the labour court. However, you can file the case in civil court, as it is not considered under criminal law. The civil case should be filed according to Dubai civil laws, as your contract was issued by Dubai.
So, if I am not mistaken, according to the judicial law, any dispute can be filed in Dubai itself.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Hi,
Interesting case. I am still yet to hear anything from you regarding your contract. Everything will be based on the contract. Furthermore, your dual role in India and then in the UAE is complicating the entire situation.
Why did you go to Dubai at your own expense? It would be advisable to approach a solicitor with expertise in overseas recruitment cases. I am sorry to note that you have reached out to so many channels without finding a resolution, to the extent that you need to seek assistance from a forum. This highlights a deplorable situation with our Embassy Abroad. They must learn from the embassies of the USA, UK, and the Philippines. It's a shame that Indians are treated even worse in the Middle East.
Good luck.
Ukmitra
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
Interesting case. I am still yet to hear anything from you regarding your contract. Everything will be based on the contract. Furthermore, your dual role in India and then in the UAE is complicating the entire situation.
Why did you go to Dubai at your own expense? It would be advisable to approach a solicitor with expertise in overseas recruitment cases. I am sorry to note that you have reached out to so many channels without finding a resolution, to the extent that you need to seek assistance from a forum. This highlights a deplorable situation with our Embassy Abroad. They must learn from the embassies of the USA, UK, and the Philippines. It's a shame that Indians are treated even worse in the Middle East.
Good luck.
Ukmitra
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.