My wife, who is under my sponsorship and has been working in a company, returned to our country five months back after she faced pregnancy complications and was advised by her doctor to undergo certain medical tests and treatment in our country. Her company had approved her maternity leave. She will not be able to come back for another two months. Her visa is valid up to 2018. I would like to know what is the maximum period of stay outside the country allowed to an expatriate resident, and what is the procedure to bring her back? Does her company, as per the UAE law, have the right to file an absconder complaint against her at the labour ministry because, according to her company, she has been absent for more than six months? What action can the company take against her?
I would like to clarify to the questioner that he may apply to the General Directorate of Residency and Foreigners Affairs [GDRFA] in Dubai and request them to allow his wife to re-enter the country after submitting proof for her inability to return to the country within six months, which is the period of stay outside the country allowed. The GDRFA will then consider the humanitarian grounds and arrive at an appropriate decision. Regarding the absconder complaint which the employer might file against the questioner’s wife, as per the Ministry of Labour (Ministry of Human Resources and Emiratisation) rules, filing such a complaint against the employee is not acceptable as long as the employee is outside the UAE. The employer only has the right to cancel her temporary work permit if the employer could prove that she has been outside the country for more than six months.
Delayed salary
I have been working in a company in Dubai for the last four years under an unlimited contract. My company has not been paying my salary on time and four months’ salary is pending now. I am planning to go back to my home country because I cannot afford to live with my family here as the salary is not being paid on time. If I file a complaint at the Ministry of Labour about the non-payment of salary on time and if I submit my resignation to the company, will my employment visa get cancelled before the dues are paid? Since the grace period is 30 days after visa cancellation and if my employer doesn’t pay my gratuity and dues within that period, how do I go about getting my dues? Is there any way I can still fight to get my dues after leaving the UAE? I need to go back to my home country for urgent reasons. Does the Labour Ministry have the right to force any party to accept its offer?
I would like to clarify to the questioner that if he files a complaint against the employer at the Labour Ministry (Ministry of Human Resources and Emiratisation), the ministry would try to resolve the issue amicably by holding a meeting between the questioner and the employer. If both parties fail to reach an amicable solution, the questioner can ask the ministry to refer the complaint to the competent labour court for consideration. Therefore, the ministry has no right to force any party to accept its offer. The questioner’s visa shall remain valid until the court issues a final decision. If the questioner is unable to stay in the country until the final judgement comes, he may inform the ministry that he has no objection to cancelling his employment visa and he may appoint a lawyer to follow up the case in the labour court before leaving the country.
Questions answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants
