Question: I am currently working with a hotel. I do not have any labour card but only a hotel ID card. My contract period is for two years and I have finished a year and a half. I’m planning to submit my resignation and in return was informed by the Human Resources department that I will be banned for six months or one year in case I break the limited contract. As per the HR’s rules, in case I insist on leaving, I have to work a minimum two-month notice period. Please advise me if there is any chance of having the ban removed as someone told me that as per the new labour law there is no ban applicable on employees.
Answer: I would like to clarify to the questioner that if his contract is for a limited period and he has not completed the contract period, the employer may request the Ministry of Labour to impose a one-year ban, in addition to demanding the questioner pay compensation to the employer for such a violation. Therefore, the questioner shall try to resolve the matter with the employer amicably to avoid the ban. Finally, as per the UAE Labour Law, the employee, who is working with a limited labour contract, is not entitled to work out a notice period.
Question: I have been working in a company for two years. Two months ago, my company terminated my services and wanted me to go back home. I had certain financial issues to solve and I had a travel ban against me by some bank. However, I requested the company to give me some time to find a job and change my sponsorship because of my problems. My company sent me an email in which it is mentioned that they agree to allow me to find a new job within three months and also promise to pay my end of service within the agreed three months. However, the company reported me absconding and cancelled my visa in April 2016. They reported me as an absconder before the three-month period was over.
Since, then I have been staying illegally here due to the travel ban and financial issues. I am supposed to pay some credit card payments and I am sure the banks have legal cases against me.
Now I would like to have your expert advice on how to legalise my status subject to the following conditions.
1. I am ready to pay my bank liabilities and clear myself of all police cases.
2. I am ready to pay any penalty for overstay.
3. One company is willing to give me an employment visa.
Is it possible to change my status without making an exit? What are the legal and financial implications in my case? Will there be any ban on me? Can the ban be legally lifted? Please advise.
Answer: I would like to tell the questioner that the only solution to get out of this problem is to file a labour complaint against the employer to prove that the absconder complaint is false and the company must pay the questioner end-of-service gratuity. In case the Ministry of Labour does not solve the questioner’s problem the questioner should insist that the complaint be transferred to the labour court, where the questioner has the right to prove that the absconder complaint is malicious and the employer made a false complaint against the questioner to avoid paying his end-of-service dues. In case the competent court passes judgement in favour of the questioner such judgement is to be submitted to the Ministry of Labour and the ministry may revoke the false absconder claim as per the court judgement.
Finally, in case the absconder complaint is lifted, then the process of a new visa can be done in UAE only without any need to exit.
Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants