Ukmitra
Business Development, Employee Relations,
Tushar.swar
Manager - Human Resource
Nkulsh
Career Management, Talent & Capability
+1 Other

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Hi,

I was hired in India and was employed in India/Dubai for close to four months.I was hired as a Dubai employee, offer letter was given by the Dubai arm of the Indian IT company, with all the benefits including the salary in Dirahms. I was based in India for the initial period of 1.5 months till the time my visa was processed.

Issue:

Unfortunately, the company never paid any salary for over three+ months. I was only paid (my Dubai Salary equiv. 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 for an advance amount for my settlement in Dubai on 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 put down my papers 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 time. They also agreed to waive off my notice period even though I had offered to completely serve it. 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. 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 mid 2012, I followed up for 6-7 months but did not get any where. I was also financially challenged to take action then? It is over 1.5 yrs now, will this be an issue?

3. Any other suggestions or course of action is welcome.

Thanks.
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You have already wasted quite a time on the subject. Approach a lawyer. He will guide you. Ukmitra
Thank you Ukmitra for your response. I aggree that quite a time has elapsed.



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.

Thanks.
Dear,
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.
Thanks Tushar. Appreciate your response. I will surely lookup 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. 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.
Dear Sir,
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,
Hi ,
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.
Good Luck.
Ukmitra
I suggest you talk to a good legal expert... They will advice and ensure you get what you rightly deserve... Cheers
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