I have worked as a salesman at a company for more than two years. I was not paid for more than three months as my company was facing financial problems. My manager asked me to take unpaid leave. After two months, I learnt that the company branch where I was working in Sharjah had closed and moved to Dubai. I could not find the company’s new location. Meanwhile, the company declared me an absconder at the Ministry of Labour. I tried to convince the ministry that the complaint was false, but failed. How can I lift the ban? I have been informed by the ministry that an absconder complaint is only made after an employee is absent from work for more than seven days. Can I use my colleague as a witness to tell the court that I was on leave when the company filed the complaint against me?
Asking an employee to go on unpaid leave to avoid paying salary is contrary to the labour law despite the company’s financial problems. The employer is obliged to pay salary as long as the worker is on the employer’s sponsorship, even if no work has been assigned. As for the absconder complaint, he has to try to prove before the Ministry of Labour that he did not abscond and that the complaint is malicious. Otherwise, he has to request the ministry to refer the case to court and where he will have a further chance to prove his case. The questioner has the right to request the court to allow him to call his colleague as a witness. If the judgement is in favour of the questioner then the absconder ban may be lifted.
Bounced cheque
I own a company that supplied building materials to a Dubai company against a post-dated cheque. The cheque for around Dh1 million has bounced. I have learned that the defaulting company is a limited liability company (LLC). I was never shown any document that it was an LLC, especially as I was dealing with the company’s sponsor. What is my legal position if I go to court?
First, file a police complaint against the person who signed the cheque, who might settle the cheque amount when arrested to avoid being jailed. In case of non-settlement, the questioner should file a civil case against the company and its manager on the basis that the questioner was not informed that it was an LLC. The questioner should prove before the court that he was conned. If the court finds that such a deception was committed, it will rule in favour of the questioner and see that the dues are settled.
Malfunctioning airbag
I was in a car crash last month. My car, which was two months old, was damaged and my insurance cancelled. The airbag did not work during the crash, but the car dealer did not accept my argument. What action should I take against the car dealer? Am I entitled to compensation or a new car? I feel this car is too dangerous to drive.
The questioner may send a notice to the car agency through the court claiming a new car as well as compensation. He could also file a court case and ask them to assign a motor expert to present a detailed report on the car’s defects and why the airbag was not activated. In case of issuance of a report in favour of the questioner, he may claim a new car and compensation through the court. The questioner could also approach the Ministry of Economy’s consumer protection section. It will verify the complaint and take action.
Ask the Law questions are answered by Advocate Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
