A reader from Dubai asks: My wife has been working in a company for almost two years under a contract for a limited period which expires after almost one year; she is working through my sponsorship and she has a work permit from the ministry. My questions here are: Can my wife leave work immediately or by giving a one-month resignation notice to the company as per the law? If the company did not accept the resignation, will the Ministry of Labour impose a ban on my wife although she is under my sponsorship? What are my wife's rights with respect to end-of-service gratuity in accordance with the Labour Law?

Answer: I would like to tell the questioner that his wife is working on a contract for limited period and if the contract is terminated pre-term, she will lose her labour rights, except the right related to leaves. Also, the wife might be requested to compensate the employer an amount equivalent to a salary for 45 days if the employer proves that he suffered a loss or is affected by such behaviour.

Finally, the employer might request the Ministry of Labour to impose a one-year ban on the wife due to this violation even if the wife is not under the company's sponsorship.

Noon work break violated

A reader from Dubai asks: We are a group of workers working a contracting company; last year, our company did not apply the law of Ministry of Labour with regards to the prohibition of work at noon during the summer months with the result that we were required to work under the hot sun frequently. I would like to know from which month is this decision applicable and the starting time and ending time of such breaks? Secondly, what are the penalties imposed by the Ministry of Labour if a company breaches this rule? Please advise me.

Answer: I would like to clarify to the questioner that, pursuant to the ministry decision issued in 2005 concerning the prohibition of work at noon, it shall be in force as of 15/6/2010 to 15/9/2010 and from 12:30 pm to 3:00 pm. As for companies which breach this rule, the Ministry of Labour shall apply the following penalties:

For establishments under categories A and B, in case of violation, they shall be downgraded to category C in addition to being fined Dh10,000.

Establishments under category C stand to lose their work permits which shall be subjected to a 6-month suspension. A fine of Dh10,000 shall also be imposed on such firms.

For establishments coming under category A and B, if the violation is repeated, they shall be downgraded to category C with a suspension of work permits for six months. The errant companies shall also face a fine of Dh20,000.

If the violation is repeated thrice, establishments in categories A and B shall be downgraded to category C with a suspension of their work permits for a period of one year and the imposition of a Dh30,000 fine.

New owners bound by terms

A reader from Dubai asks: We are a group of employees working in a company. One month ago, the owner of the company sold it to a person who, in turn, told us that he will make new contracts with us without taking into account the terms of the previous contract. The new employer says that, according to the Labour Law, he has the discretion to change the contracts made by the previous employer. My question here is: what is the position of the Labour Law on such change of ownership, and, is the new employer entitled to force a new contract on the staff. My current contract expires in six months' time? Please advise me suitably.

Answer: I would like to clarify to the questioner that the Federal Labour Law No. 8 of 1980, in Article No. 126, states the following: "Where a change occurs in the form or legal status of the establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous. Both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability".

Forced to sign on

A reader from Dubai asks: I have been working in a company for almost three years on a limited contract; last year, my company made me sign on a letter stating that I had received all my due entitlements whereas I had received none of those. Since the company threatened me with dismissal from work if I did not sign the letter, I had to comply. I have a copy of the letter clearly stating the date and amount which the company claims I had received. My question here is: now that my contract with the company is over and they say that I have no pending dues as validated by the letter with my signature, what is my legal position in terms of the letter. Do I stand to lose my labour rights over this letter and how can I prove before the concerned court that I have not received my entitlements. Also, can I seek a transfer to a new company without the consent of my previous employer?

Answer: According to the Dubai Cassation Court, the signing of an employee on a letter stating that he has received his labour right of end-of-service gratuity while he is still very much in service makes the letter invalid for the simple reason that at the time of signing on, the rights were not due yet. Through such invalidation, the law wants to protect the worker from the employer.

As for the question on the transfer of sponsorship, the questioner may transfer to a new company without the need to obtain consent from the employer since the questioner has completed more than three years in service.

 Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.