I have submitted my resignation after working with a company in Dubai for four years in sales. My visa expired in May 2016. The amicable settlement with my manager failedm therefore I filed a complaint last month at the Ministry of Labour. My employer and myself were able to meet once with the arbitrator in the ministry and he advised my employer to cancel my labour card. I have followed the labour law procedure regarding end of contract. My labour contract is for a limited period. My employer promised to process the visa cancellation and to give me my dues within a week. Unfortunately, every time I go to the company to follow up on the issue, my employer says that the papers for the cancellation are ready but I have to collect payment from some customers. I explained to my employer that it is not my job any more since I’m in sales and I only approved, through my manager, a customer-purchased order and delivery as long as their credit facility was still available. This job of collecting payment is the responsibility of the collection department. It took two weeks for me to convince them but nothing has happened until now. Last time I went to them they asked me to sign an undertaking that I would pay for my penalty for overstaying but I refused since they are the ones delaying the visa cancellation and my end of service gratuity. Please advise what I am supposed to do at this time since I am still here in Dubai. Is it right for me to file a case against them in the labour court? Do I hold any responsibility for collecting the company payment from the customer as per my manager?
The company’s actions are contrary to the labour law. Asking the questioner to collect payments from a company’s customer is illegal and against the labour law as the questioner has not personally guaranteed such payments. Thus, it is the company’s responsibility to collect the said payments. Also, asking the questioner to pay the penalty for overstaying is considered a violation of the labour law. Therefore, I advise the questioner to ask the Ministry of Labour to transfer the case to the concerned court to enable the questioner to obtain his right.
I am a Muslim woman married to a Muslim but we are from different countries. We have been married for three years, and we do not have kids. My husband does not spend money on me. I’m working but my salary is not sufficient for me. I tried to find a better job with more salary to spend on myself and for my expenses but I could not find one. I am presently thinking of returning to my country as my husband says that he is not obliged to spend on me. My question is may I file a case before the Sharia Court in this regard? In addition, do I have the right as per Sharia to ask for the application of the law related to Dubai Sharia? In my case, do I have the right to request the Sharia court to get me a divorce in case my husband refuses to pay for my expenses as his wife and what is the amount I can request?
According to Sharia, spending on the wife is a husband’s duty. Therefore, the questioner is not obliged to work to spend on herself as spending is the husband’s duty even if the wife is working and gets a salary. Thus, the questioner may file a case regarding expenses before the Sharia Court. Then the court will force the husband to spend on his wife and the amount of expense will be estimated according to the husband’s income, as the court will apply the Dubai Sharia in case the questioner’s husband did not request the court to apply his law.
Questions are answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.