I work in a Dubai-based engineering company. My manager asked for my original degree certificate when I joined and I submitted it without asking for an acknowledgement. I have now completed almost four years of service and my visa expires in four months. I asked for my certificate, but the manager refused to give it back. He told me verbally that I will get the certificate back if I forego my commission this year. I have also not been paid my salary for two months. How do I get my certificate back?
Article No 125 of the UAE Labour Law states that “an employer shall provide a worker, at the latter’s request and on the termination of his contract, with a certificate of termination of service, which shall be free of charge; it shall specify the dates of his entering and leaving the employer’s service, his total period of service, the nature of the work he has performed, his last remuneration and any bonuses he has received. It shall also be the duty of the employer to return any certificates, documents and tools belonging to the worker.”
Therefore, if the questioner cannot get back his original certificate from the company, he should file a complaint before the Ministry of Labour. In case, he cannot come to an amicable settlement with the company, he should ask the ministry to refer the case to court.
Labour card issue
Three months ago, a company in Dubai hired me on its visa. However, I am yet to get my labour card. My manager told me not to come to work till the labour card issue is sorted out. My manager failed to mention that the company has been banned from issuing visas for six months. They have refused to pay me my salary for the past three months and implied that they will ‘reset’ the date of my joining employment once I am physically in the office. I have an e-mail from the company stating that I was hired three months ago. I want amiable relations, but what does the law say about my salary? Can I approach the Ministry of Labour about my labour card or is the matter entirely between my company and the ministry?
The company has to adhere to the employment letter and pay the questioner his salary, especially since the questioner was ready to work and the company itself did not attribute any work to him since it had problems with the Ministry of Labour. As for the labour card, the questioner may approach the ministry to find out if it is under process. In the event that the company has not applied for the labour card, he can complain to the ministry.
Official holidays
I have worked in a company for more than two years. My company does not allow workers to take annual leave of more than 15 days. Employee who do exceed 15 days are not paid for those days. What are the rights of workers with regard to official holidays. How many days of annual leave is a worker entitled to as per the UAE labour law?
Article 74 of the labout law states that a worker is entitled to an official holiday with full pay on the following occasions: New Year’s Day (Hijri): 1 day, New Year’s Day (Christian): 1 day, Eid Al Fitr: 2 days, Eid al Adha: 3 days, Prophet’s birthday: 1 day, Ascension of the prophet: 1 day, National Day: 1 day.
As for annual leave, Article No 75 of Federal Law No 8 of 1980 states: “Every worker shall, within each year of service, be granted a period of annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six month but less than one year;
2. 30 days a year, where the worker’s period of service is more than one year”.
Where a worker’s service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Ask the Law questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
