He stopped working without warning because his salary was delayed

172 thousand dirhams in compensation to an employee

The court rejected the plaintiff's request for a warning allowance.

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A company decided to dismiss an employee who stopped working without notice due to the delay in the payment of his salary, so he filed a labor lawsuit to claim his rights, while the Abu Dhabi Labor Court - Primary, ordered the company to pay him 172,140 dirhams.

In the details, an employee filed a lawsuit in which he demanded that a company pay him a salary of seven months in arrears, an annual leave allowance for the last 64 days, an end-of-service gratuity, an allowance for one month of warning, three months allowance for unfair dismissal, 5000 dirhams allowance for working hours, and 1500 dirhams expenses. In addition to travel tickets for him and his family or their value, with an obligation to pay him an experience certificate, and the legal interest at 12% from the date of the claim until full payment, fees and expenses and the inclusion of the judgment with expedited enforcement without bail, indicating that he joined the work for the defendant in November 2017 with a non-guaranteed contract. A fixed term with a total salary of 17,000 dirhams and the basic 7,800 dirhams, and leaving work for non-payment of wages.

While the defendant's attorney submitted a reply memorandum, requesting that the case be dismissed for lack of validity and proof of what exceeded the end-of-service gratuity, and the experience certificate.

For its part, the court clarified in the merits of its ruling that, according to the decision of the Civil Transactions Law, “the employer must pay the worker his agreed wages whenever he performs his work or prepares himself and devote himself to him, even if he is not assigned a job,” noting that it is clear from the papers that the defendant did not fulfill his duties. with a wage of six months of the wages claimed, and that the plaintiff is entitled to wages for the period claimed in the total amount of 102 thousand dirhams, and he is also entitled to a vacation allowance in the amount of 14 thousand and 300 dirhams.

The court indicated that, according to the Law on Regulating Labor Relations, the end-of-service gratuity is calculated at the rate of 21 days for each year of the first five years of service, pointing out that the plaintiff’s service period is four years and the plaintiff is entitled to an amount of 21,840 dirhams, while the court rejected the request for a warning allowance. , indicating that the plaintiff was the one who terminated the work relationship by leaving work for non-payment of wages, relieving himself of the duty to warn.

Regarding the request for an allowance for arbitrary dismissal, the court pointed out that it was established in the papers that the plaintiff was dismissed by the defendant, so he is entitled to an allowance of two months’ salary, and the court ruled in his presence to oblige the defendant to pay the plaintiff an amount of 172,140 dirhams and a return ticket to the party from which he was brought on the rank. Tourist unless he joins another employer, experience certificate and interest at 3% annually, and this percentage is calculated on the basis of the original amount spent starting from filing the lawsuit until payment, all of this without exceeding the principal of the debt, and this percentage is calculated for arbitrary dismissal from the date of the judgment becoming Strictly not beyond the origin of religion.

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