A reader from Sharjah asks: I have been working in a company for more than two years. Presently, I am not comfortable or stable anymore with the company due to the mistreatment of the manager, as well as the ongoing delay in issuing my salary [more than three months]. Finally, I applied to resign from the company, and I asked them to give me my dues, but they refused as per the Labour Law. Presently, they are threatening me to accept the amount that the company will give, and in case I filed a complaint before the Ministry of Labour, they will cancel my residence and ask me to travel as soon as the complaint is registered before the Ministry of Labour. What should I do regarding this problem?
I would like to assure the questioner that he may file a formal complaint before the Ministry of Labour if he did not obtain his dues amicably from the company in full, and not to pay attention to the company's threats, because as per the law of the Ministry of Labour, the employer has no right to cancel the residence or to make the employee travel before he obtains his dues completely, whether amicably or through the Labour court.
Besides, the employee may follow up his case and remain in the country until he obtains his dues in full.
Moreover, the employee has the right to apply to the Ministry of Labour asking for a temporary work permit after proving to the Ministry of Labour that he has a case with the court.
The Ministry usually responds to such a request.
The questioner also has the right to ask for the transfer of the sponsorship from the Ministry of Labour directly if he wants, without the consent of the sponsor if the questioner submits proof that he has not received his salary for more than two months.
- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
