A reader from Dubai asks: I worked with a company in Dubai for more than four years. Two months ago, I submitted my resignation after I was offered a better opportunity with increased salary and entitlements. I could not obtain my labour rights legally from my previous company and filed a complaint against the company after failing to arrive at an amicable settlement before the Ministry of Labour. The case was referred to the competent Labour Court. But one month after my case was referred to court, I found out that the company had cancelled my labour card without my consent or knowledge. My question here is: My company public relations officer informed me that cancellation of my visa at the Ministry of Labour means that I have received my dues in full and there is no need to continue court proceedings. Does my company have the right to cancel my labour card without my acceptance or knowledge? Please advice.
I would like to tell the questioner that the company’s act of cancelling the labour card in the manner described by the questioner is contrary to the Ministry of Labour rules; this is because the ministry requires the signature of the employee on the cancellation request in order to cancel the labour card. By signing on such a request, the employee declares that he has received all his dues and he waives his labour rights or any claim that he did not receive his dues with his labour case still pending before the labour court. Therefore, I would like to clarify to the questioner that the company has signed the cancellation request instead of the questioner, which means that the company committed the crime of forgery that is highly punishable by law. Therefore, the questioner is required to inform the Ministry of Labour regarding such action whereupon the ministry will initiate the necessary action against the employer or the person who has committed such action in the competent criminal court.
Service termination
A reader from Dubai asks: I have worked in a company in Dubai for one and a half years. I am facing an unpleasant suggestion with regards to my vacation, which was approved on February 1, 2015. I booked an air ticket for June 30 but the HR manager at my company says that if I go on vacation from June 30, the company will take action against me because it was a day before the approved date. The company threatened to terminate my service. As per my manager, the labour law allows for such action in case an employee goes on vacation before the approved date. I went on vacation because it was a holiday in my country and, on the very next day, went to see my doctor. Upon my return after 30 days leave, my company terminated my service. My questions here are:
1. Does the company have the right to terminate my labour contract after my vacation because I began my annual leave one day earlier?
2. Can I request the Ministry of Labour or labour court to force my company to take me back and cancel my termination.
Please advice.
I would like to advise the questioner to file a labour complaint against the company as the company has dismissed him without reason. As per the UAE Labour Law, leaving one day earlier before his annual leave started does not give the employer the right to terminate the employee’s services and especially so since he was going for treatment. This means the employee could have been dismissed arbitrarily, and he may ask the Ministry of Labour to refer the case to the competent court to be able to prove his requests before the said court in the event of failure to settle the dispute amicably before the Ministry of Labour. Finally, the UAE labour law does not make it binding on the employer to reinstate the employee after termination.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
Compiled by Bassam Za’za’, Legal and Court Correspondent
