Question 1: A questioner from Dubai asks: I work for a company and live with my wife (she is on my sponsorship). Six months ago she left the country because she was pregnant and advised by her doctor to go home for some medical tests. She cannot return to the UAE for a further four months. What is the maximum period a person can stay out of the country for and what will be the procedure to bring her back after four months (as at that time she will have already spent ten months out of the country). Her visa is valid up to October 2014.
Answer 1: The questioner may apply to the Dubai General Directorate of Residency and Foreigners Affairs and request them to allow his wife to re-enter the country after providing proof of her inability to return to the country within the past six months. Accordingly, the said department will consider the matter and issue the appropriate decision.
Question 2: A reader asks: I have worked for a company in Dubai for the past three years. My limited contract expires in June 2014, my salary has never been paid on time and now I have not been paid for the last three months. I am planning to leave the job and go back to my home country. If I file a complaint with the Ministry of Labour for non-payment of salary, will my visa be cancelled before the payment of dues? If the grace period is 30 days after cancellation, and with the current scenario, if my employer doesn’t pay my salary and my gratuity within the 30 days how do I go about getting my dues? Is there any way I can still fight to get my dues and my other rights after leaving the UAE because I need to go back to my home country for an urgent matter.
Answer 2: If the questioner files a complaint against the sponsor before the labour ministry the ministry will try to solve the complaint amicably. If an amicable solution is not reached, the questioner may ask them to refer the complaint to the labour court. Therefore, the questioner’s visa shall remain valid until a final decision has been made on the case by the labour courts. However, if the questioner is unable to stay in the country until the end of the case, he may apply to the labour ministry for cancellation of his sponsorship and accordingly he may retain a lawyer to follow up the labour case.
Question 3: A schoolteacher asks: It has been almost one year now since I left my previous school. They terminated my service without reason after the school holiday started. I worked for them for about 11 months. My contract was for a limited period but until that time they hadn’t confirmed me and kept me on probation. The first three months they made me work on a visit visa. A few months ago, I learnt that it is against the law for a probationary period to be more than six months and also illegal to work on a visit visa. As I was still on probation according to the school documentation they terminated me without notice verbally, informing me my performance was not good. I was asked to leave the same day, with no notice or any additional salary. I want to know if after one year I can claim my salary and other dues. I didn’t know the labour law. But as I know it now I don’t want to lose my dues.
Answer 3: Article no 6 (amended) of the Federal Labour Law No 8 of 1980 states the following: “Without prejudice to the rules provided for under this law concerning collective labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent Labour Department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably. If no such amicable settlement is reached, the said Department shall, within two weeks from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days from date of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the Labour Department to explain the content of the memorandum submitted by it. In all cases, no claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.”
Therefore, based on the above article, the questioner may not claim for any of her labour rights after one year.
