A woman from Dubai asks: I’m working in a private polyclinic for the past two years. My visa is provided by the polyclinic. Two weeks ago, Dubai Health Authority accepted my job application and called me to work for them, and they have given me one month to settle and join them. In my polyclinic I’m the only licensed nurse left as the licenses of two others were cancelled last year, and my employer told me that he won’t cancel my visa until they get another licensed staff to replace me. Getting another licensed staff for our polyclinic might take a long time, may be as long as more than six months. My questions are: 1. Does my employer have the right to hold me, and not cancel my visa, unless there will be a replacement for me? 2. What is my right legally, as per the UAE labour Law, to get my present employer cancel my visa and approve my resignation I’m going to submit soon. Kindly advise me.

Answer: I would like to advice the questioner that she may submit a resignation in writing to the employer and tell him that she is ready to either work within the notice period or to pay compensation for the notice period provided he allows her to leave work immediately and complete the cancellation procedures within one month — if the employer accepts such an offer and the contract of the questioner is for unlimited period. But if the questioner’s contract is for limited period, she may submit her resignation without the need to work within the notice period and thereafter she may compensate the employer with an amount equivalent to 45-day salary provided the employer completes the visas cancellation procedures quickly. In the event of refusal and non-response of the employer after conducting the above procedures by the questioner, she may file a complaint before the Ministry of Labour so as not to miss the job opportunity. If the employer rejects the amicable solution, the Ministry of Labour will refer the complaint to the competent court as per the request from the parties. Therefore, the questioner after filing the case in the labour court she may request the labour ministry to cancel the visa in order to join the new job, and in case the employer asks for a ban and in case the contract is for a limited period and the ministry of labour accepts the employer’s request, then this type of ban is not applicable in case the questioner is going to work in a government sector.

 

Company Accommodation

A questioner from Dubai asks: I worked in a company for more than three years. The company terminated me but did not give me my end-of-service gratuity in accordance with the Labour Law, along with return tickets for me and my family as mentioned in my labour contract. Now the company is asking me to vacate the accommodation provided to me by the company within two weeks in accordance with the Labour Law as they stated. My question here is how can I vacate, along with my family, within two weeks especially as the company has not paid my labour dues? Is the company entitled to ask me to do so as per the UAE Labour Law? What is the permissible period as per the Labour Law to stay in the accommodation? Please advice and mention the UAE Labour Law article in details in this regard.

Answer: I would like to clarify to the questioner that article 131 of UAE Labour Federal Law no. 8 of 1980 states the following:

1. “In the application of the Provision of the preceding article, the cost for return of the worker means the value of his travel ticket as well as what the Labour contract or the rules of the establishment specify regarding the travel expenses for the worker’s family and the cost of shipping of his belongings.

2. In case where the employers provide accommodation to the worker, the worker shall be obliged to vacate the premises within thirty days from the date of termination of his service.

3. The worker should not delay vacating the premises for any reason, provided that the employer pays the worker the following;

• The expenses specified in paragraph one of this Article.

• Severance pay and any other entitlements the employee is obliged to pay in accordance with the Labour contract or the establishment regulations or the law.

4. If the worker disagrees with the amount of the expenses and entitlements referred to above, the Labour Department concerned shall determine, as a matter of urgency, and within a week from its been notified of the same, these expenses and entitlements and shall inform the worker of the same as soon as they are determined.

5. In this case, the counting of the thirty days grace period for the vacating of the premises referred to in paragraph two of this article shall commence from the date of employer deposits of the value of the expenses and entitlements as determined by the Labour Department concerned. If the worker does not vacate the premises within the thirty days mentioned, the labour department with the assistance of the authorities concerned in the emirate shall take the necessary administrative measures for the vacating of the same.

6. The provisions of this article shall not deprive the worker of his right to take his case to the court concerned”. Therefore according to this article the employee is not obliged to vacate the employer accommodation in case he doesn’t get his labour right in full.

 

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

— Compiled by Bassam Za’za’, Legal and Court Correspondent