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- By Mohammad Ebrahim Al Shaiba, Special to Gulf News
- Published: 23:34 September 13, 2007
A reader from Dubai asks: My friend joined a very large company in Jebel Ali Free Zone (Jafza) around three years ago.
In this time he reached top levels, fetching a salary of more than the oldest employees in the organisation based on his performance.
But during his third year, he confessed to having worked for a small company to make some extra money.
The management asked for a written apology stating he would never do this again. This apology was given in February 2007. The management told him his bonuses for this year would be held back. Eventually they gave his bonus and also extended his visa.
He still has the highest respect and position in the organisation. In due course the directors of the company also sent an e-mail stating he had been forgiven. Now my question is: Six months have passed, can the management still take action against this employee and what extent can they go to? Can they go to the police, or can he be held in a criminal case?
I would like to state that working for other than the sponsor is, as per the Labour Law, considered an illegal act, and the Ministry of Labour is very strict against such actions as the penalty might be imprisonment or a fine. As per the new law, to be implemented soon, the penalty is very severe and might reach a fine of Dh50,000. This is (as per the Penalising Law) considered a delinquent act which is not completely waived before five years have lapsed. Moreover, the sponsor cannot waive the same as it is related to the public right.
Consequently, in applying for such a penalty, there should be irrevocable proof the employee has been working for other than the sponsor and the employee must be caught in the act by the authorities. Therefore, I would like to tell the questioner there is nothing to worry about as long as his friend is working regularly for his sponsor, especially since his visa has been renewed, that the incident took place more than six months ago and he has not caused any damage to his company. If the sponsor now complains the complaint might be considered a malicious one.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants
