My brother was working in a contracting company for more than three years. Last August, he went on leave for four weeks and did not come back because of a problem he is facing in our country. He decided to send his resignation by email after seven weeks but the company did not reply. Right now, he is outside the UAE and doesn’t want to come back. However, his visa has not yet been cancelled by his company, despite being out of the country for almost 6 months, and his visa expires in March. What does he needs to do? Does he needs to sent his passport to his previous company to have it cancelled? His contract is for unlimited period.
I would like to clarify to the questioner that when his brother resigned from work whilst he is outside the country, he has violated the labour law, especially in that the contract is for unlimited period and he is required to notify the employer and to work within the notice period. Then the worker should hand over his responsibilities and custody of entrusted materials, but the questioner’s brother might lose his end-of-service gratuity. Also, the employer might request, through the Ministry of Labour, to impose a one-year ban or the questioner’s brother might not be able to re-enter the country. Therefore, if the questioner’s brother cannot return to the country, he has to send his passport to cancel the visa.
Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants