Ruling based on the contract signed by employer and employee
The Dubai Court of Cassation issued a verdict in favour of an engineer and compelled a company to pay him Dh 26,700 after he had worked for only four months in the company. The court based its ruling on the contract signed between the employee and the company and its terms, which stipulated that the probationary period was for three months. The Court also based its ruling on the text of article 37 of the labour code, which prohibits putting the worker in probation more than once.
Earlier, the employee had filed a lawsuit against the company he was working for and he claimed that the company should pay him Dh 33,000 as payment for working for four months. He said in his suit that he joined the company as the Director of Projects with a monthly salary of Dh 4,500 in addition to a housing allowance of Dh 2,500. The company ended his services after four months. The Court of First Instance issued a judgment in favour of the employee and forced the company to pay him Dh 26,700 as his dues.
The company did not accept this ruling and approached the Court of Appeal. The Court of Appeals ruled in favour of the company. The employee challenged his former employer before the Supreme Court. The Court noted in its judgment the company's disregard of labour contract in enforcing a 6-month probation period. The Court also said that it would take the appointment letter, which stated that the trial period is three months. The Court praised the UAE labour law and said that the legislature grants the employer the right to end the services of the worker during the period of probation without notice or end-of-service gratuity.
Source: http://www.emirates247.com/news
Courtesy: Angel Gulf Jobs