Questioner from Dubai asks: I have been working in my company for the past one and half years. Recently, I got a better offer from another company and wish to change jobs. I am going on annual vacation for 30 days. My question is whether this leave can be considered as a 30-day notice or do I need to work during this period before I leave on vacation. I am an engineer and work as a project manager. I also want to know whether I will face a work ban upon cancellation of my present visa. My labour contract is for an unlimited period. In case I don’t serve the notice period, what action can my employer take against me?
The notice period stipulated under UAE law requires a worker to work effectively and as per the instructions of the employer. The questioner cannot treat the notice period on par with annual leave unless the employer allows him in writing not to work during the notice period. Therefore, I would say that the labour law has linked the rights of a worker with regard to end-of-service benefits with serving the notice period. A worker not working during the notice period will be considered as having violated the labour law. He might not receive his end-of-service benefits and also face a one-year work ban.
As for the question on the ban after cancellation of work permit and visa, a six-month ban will be imposed on the questioner. However, this ban can be lifted if he is able to transfer sponsorship to a new sponsor which offers him a new job with a salary not less than Dh12,000.
Delay in salary payment
Questioner from Dubai asks: The company where I work always pays our salaries more than a month late. They also cut workers’ salaries by half in May 2014 without even giving us notice. I cannot make ends meet under these circumstances. I have worked for almost a year with this company under a limited period contract. Under the terms of my appointment, the company was supposed to raise my salary after a year, but they decided to delay this as according to my manager, the company is incurring losses. What is worse, the management made some of us sign a different contract stating that it can reduce our salary by 30 per cent when the situation demands it. This agreement is not mentioned in the official labour contract. Are the reasons I stated above valid for me to resign from this company? My only concern is obtaining a non-obejection certificate, which my manager verbally guaranteed when I signed my offer letter. I am afraid the company will not honour this commitment because it has violated the salary clause in the labour contract. My contract also mentions that I should get accommodation, but my company has not done so. I believe that the company no longer has enough funds to continue day-to-day operations as more and more clients come to the office daily to get their money back because goods are not delivered. The company’s cheques have also bounced. I need legal advice about this matter as per the UAE Labour Law and Ministry of Labour rules.
I would like to clarify to the questioner that pay cuts without the consent of workers is contrary to the labour law. Delaying salaries is also contrary to labour law. Therefore, I would advise the questioner that if he is obliged to resign from this company, he should first file a complaint before the Ministry of Labour about the salary delay and reduction and then resign. In case no amicable solution can be reached with the employer, the questioner can request the labour ministry to refer the complaint to the competent court.
Ask the Law questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
