A reader from Dubai asks: I joined a company as an engineer while on a visit visa. I received my appointment letter in May this year. It was agreed that I would get furnished accommodation in addition to a monthly salary of Dh15,000. I then left the country so I could return on an employment visa. The company took three months to process it and when I finally returned in August, I found that the employer did not provide accommodation. Secondly, the projects that I was promised during the interview did not exist. I was looking forward to a good commission from those projects. Seeing no growth prospects in my career, I submitted my resignation the same month. I had not signed the labour contract and the residence visa had not been stamped on my passport. My manager, however, refused to cancel my employment visa application. He said he was worried about the labour department inquiring why the employee left so early. Please let me know how to avoid a labour ban if any? If I choose to return to my home country, will I be asked for the visa cancellation at the airport? Can I work in a freezone while I am still on the company’s employment visa? Finally, is there any way I can cancel the visa myself?
The fact that the questioner entered the UAE on the company’s employment visa means that he is in a work relationship with the present employer, even if the employer did not proceed with the residence procedures or the certification of the employment contract. The questioner can cancel the visa through the Ministry of Labour and General Directorate of Residency and Foreigners Affairs. I advise the questioner to try and settle the issue with the employer amicably given that the sponsor has violated the labour law by not fulfilling the provision on accommodation made in the appointment letter. In case no amicable settlement can be reached, the questioner can file a complaint before the Ministry of Labour. The Labour Supreme Court considers that an employee resigning because he/she is not being able to obtain their rights from an employer as arbitrary dismissal. If it is proved that the employer violated the labour law, no ban will be imposed on the questioner. Finally, labour bans do not apply to companies in freezones.
Offer letter not enough
A reader from Dubai asks: I am currently in Dubai on a visit visa. I have got a job offer. The company signed an agreement with me for electronics work that I must finish within six months. The company did not give me a written job offer, but told me verbally about the job package. I was asked to start work immediately. The company offered to give me a temporary contract for six months followed by a final contract for two years later. Should I start the job on a visit visa and without a formal appointment letter? In case they only provide me with job offer letter and no employment visa, does it permit me to work under UAE labour law?
If the questioner works for the company while on a visit visa, it is a violation of the labour law and Ministry of Labour rules. In case the questioner is caught working while on a visit visa, he will be fined and face a labour ban and deportation. I advise the questioner to work for the company on an employment visa and a labour contract in order to protect his rights. As per the law, an offer letter is no substitute for an employment visa and work permit.
Maternity leave
A reader from Dubai asks: I am in the sixth month of my probation period in a company. I am now nine months pregnant and need maternity leave. However, the company is only offering unpaid maternity leave or will deduct the leave I take from my annual leave later. I understand that under UAE labour law, a woman is entitled to paid maternity leave if she has completed one year of continuous work in the company. Since I am still in the probation period, please advise me about my rights.
Article 30 of the UAE labour law states that “a female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer’s service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.
On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the woman’s work or confinement. The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
