Questioner from Dubai asks: I worked in a company for one-and-a-half years. Four months ago, the company terminated my services without giving me a reason. I did not receive my end-of-service gratuity. I filed complaint before the Ministry of Labour and the case was referred to court. My employer appeared before the labour ministry, but did not appear before the labour court despite a newspaper notification being issued twice. Last week, the judgement was issued in my favour. The court ruled that all my dues must be given to me. Can this judgement be used to support my visa transfer to a new company without the consent of my former employer? I have not completed two years of service with my former employer. Does my new job have to pay me a salary of Dh12,000 or more to transfer to a new company? I will be paid less than Dh12,000 in my new company.
I would like to clarify to the questioner that the judgement issued in his favour is valid and can be executed if it includes a provision stating that the questioner has been dismissed arbitrarily and that the employer is obliged to pay compensation. In this event, the Ministry of Labour based on this judgement may allow the questioner to work with a new company with a salary of less than Dh12,000 despite him not having completed two years of service with the old employer. Finally, the labour ministry no longer requires a no-objection certificate from the former employer for visa transfer.
Absconder complaint
Questioner from Dubai asks: Last month, I went to my home country for a week on annual leave. When I returned to the UAE six days later than my leave period, I discovered that my company had filed an absconder complaint against me. I was arrested at the airport and my passport was confiscated. I was directed to approach the Ministry of Labour to settle the matter. Is the company justified in filing an absconder complaint against me because I returned from annual leave late?
I would like to confirm to the questioner that the Ministry of Labour will not, in any event, accept an absconder complaint against a worker while he is outside the UAE. Therefore, I advise the questioner to immediately approach the ministry in this regard. If the company has indeed filed an absconder complaint against the questioner before the ministry, such a complaint shall be treated as illegal and malicious. The ministry could take legal action and punish the employer as well.
Unregistered developer
Questioner from Dubai asks: Three years ago, I bought a property through a broker by paying more than 40 per cent of its value. Later, I discovered that the developer had not started work on the project. I then went to the land department to inquire about the developer. I found that he was not registered with the department. He also did not have an escrow account with the department. I confronted the developer and he offered to refund the amount I paid in post-dated cheques to be encashed over a three-year period. I rejected his offer. My question here is, if I decide to file a case against the developer and the court rules in my favour, will the court get me to accept the developer’s offer to refund the amount in instalments? How can I prove to the court that the developer is not registered with the land department?
I would like to clarify to the questioner that if the court rules in his favour, it will not force the questioner to accept the developer’s offer to refund the amount in instalments. If the developer fails to refund the amount in full, the questioner may ask the court to attach his properties, assets, trade licence and freeze his bank account till he clears his dues. As for proving before the court that the developer is not registered with the land department, the questioner can ask the court to approach the department to ascertain this matter.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
