Some more details and specifics on what I did after I was sure that the company will not pay my outstanding amount -
1. My last communication with the company was in Jan 13 when it became very clear that they dont have any intention of settling my dues. I logged a online complaint with Dubai Labour Court, I submitted all the documents and emails online.
2. I approached several lawyers to represent my case locally in Dubai. Unfortunately, the labour court required me to be present there in person to begin hearing my case. The total cost of my travel + visa+stay+lawyer was too much for me to bear. Although it was not over the amount that the company owed me, but I was in a financial condition that I could not take that risk.
3. I filled a complaint in the Electronic City company redressal forum. They advice me to take it up with the Labour Court and also assured me that I was on a strong footing.Also got the company identified as one of those not paying their dues regularly.
4. I approached the Indian Consulate in Dubai, External Affairs Ministry of India and Labour Court in Mumbai. All the places I was given some or the other, presumably valid reasons after which I could not go further.
5. I also seeked help from could of NGO's or Not for Profit organisation to guide me. I reached out not for any financial help but only guidance, but nothing worked out to the next level.
Few days back, one of my friend suggested me to put it up on Law forums online and seek help and guidance if something comes out which can help me take this to the next level.
So here I am seeking your help.
As you said that, your appointment & salary paid by Dubai, it self, so, i dont belive that, any indan labour law shall be applicable to you, as it comes under the internationa law / dubai labour laws.
So, i would suggest you to for putt some more lights on the same, you can contact to Mr. Madhu T.K. he is supermodeter on Citehr. i hope he can help you in this regards.
Firstly, you are right, the offer letter was from Dubai and I was paid a Dubai salary. But, I was hired from India and also worked in their India office for over a month. Although, during my work in India as well I was paid Dubai equivalent salary in India.
Secondly, from my running around in Labour offices and labour courts in Mumbai, I have learnt that because my wage was more than 15K and also I was in the supervisory role, Indian labor laws would not help my cause. So my dilemma is if not Labour court then which mechanism or judicial machinery should I opt for to get a remedy. Should it be Civil case or a Criminal case or any other option that I have at my disposal.
Yes, if you used to worked at supervisory level & above, then your case can't be take in to labour court. but, yes, you can file the case in civil court, as it is not consider in criminal law, but, civil case again as per dubail civil laws & which need to be file their itself. because, your contract issued by Dubai.
So, if i am not wrong, then, as per law judicial for any disput can be file the case in dubai itself,
Interesting case. I am still to hear anything from you on your contract. Everything will be based on the contract. Besides, you dual role in India and then in UAE, is confusing the whole case.
Why did you go to Dubai on your expense?
Approach a Solicitor with expertise in overseas recruitment cases. Sorry to note that you have approached so many channels without recourse that you need to approach a forum. This is a pathetic situation of our Embassy Abroad. They muts learn from Embassy of USA/UK and Philippines. Its a shame an Indians are treated even worst scenario in middle east.