I am currently in Dubai on a visit visa, which has been renewed twice. I have now received a job offer for the post of civil engineer. I am confused that the company has not given me a written job offer, but has only verbally told me about the salary package, accommodation, allowance and air ticket. I have been informed to start work immediately. The employer also told me that he will give me a temporary labour contract during my probation period for three months. The contract will be signed with the company, with no role of the Ministry of Human Resources and Emiratisation. After this period, he has promised to give me a final two-year contract that will be attested by the ministry. Should I start working in these circumstances? My employer mentioned that a temporary labour contract can be used during the probation period as per the UAE labour law.
This job offer is a violation of the labour law by the company. In case the questioner is caught working on a visit visa, he could be jailed and a labour ban imposed on him. Therefore, the questioner should work only after obtaining an employment visa along with the labour contract officially attested by the labour ministry. This will ensure that his rights are secured.
Dispute with employee
Two months ago, an employee filed a complaint against my company in the Ministry of Human Resources and Emiratisation. The ministry sent me a notice, but I was out of the country. Immediately after the date of the first meeting elapsed, the ministry forwarded the complaint to the labour court as per the employee’s request. The first hearing will be held in the Dubai court on January 15, 2018. I have received the court notice. Two weeks ago I approached the ministry requesting it to accept my counter claim against the employee. It said this was not possible since the claim file was already in court. As per the labour law, can I file a counter-complaint against the employee in the same court, which will hear the case on January 15, despite my not filing a counter claim in the ministry? I have been advised that I have no right to file a counter case and will lose my court fee only because I did not file a counter claim against the employee in the ministry. In case I have no right to file a counter case against the employee, do I have the right to file a civil case against him?
According to the UAE labour law, the questioner has the right to file a counter case against the employee in the same court that is going to hear the employee’s case. The court will pass a ruling in both cases despite the employer not filing a counter-complaint against the employee in the ministry. The questioner is not obliged to file a case in a civil court as long as his complaint against the employee is not a civil matter.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
