Withholding certificate
A reader asks: I’m working as a doctor in a private hospital in Dubai. I would like to know whether the employer has the right to keep my original certificates in their custody. My employer’s explanation for keeping the original certificates is to facilitate Ministry of labour and health department dealings and other requirements and the original’s certificates will be released only upon resignation or termination of the employee’s agreement. Can the employer do this and is it as per the UAE labour law? In case I submit my original certificate who will be responsible in case it is lost.
Article 125 of the Labour law states: “An employer shall provide a worker, at the latter’s request and on the termination of his contract, with a certificate of termination of his service, which shall be free of charge; it shall specify the dates of his entering and leaving the employer’s service, his total period of service, the nature of the work he has performed, his last remuneration and any bonuses he has received.
It shall also be the duty of the employer to return any certificate, documents and tools belonging to the worker.”
Therefore, the above article may entitle the employer to retain the worker’s certificates till the end of service. Therefore, I advise the questioner that if he will give the employer original certificates and other important documents, he shall request written acknowledgement that the original certificates and documents are held by the employer so that he can claim the same when needed or at the time of end of service.
Working hours
A reader asks: I am working in a private company located in Dubai. I’ve been told all private companies in UAE reduce daily work schedules by two hours in month of Ramadan as per the UAE Ministry of Labour order but in my company our Ramadan timings are exceeding six hours. We are working for eight hours in Ramadan but in normal days we work 9 hours with Friday off only. Then it should be 7 hours in Ramadan? Is this considered a violation of the UAE Labour Law? As an employee, do I have any right to complain about it in the Ministry of Labour? Is there any inspection team from the Ministry of Labour who is responsible to check the violators regarding the working hours? Please mention the clause as per the UAE labour law in this regard.
The questioner may file a complaint before the Ministry of Labour in this regard, as the company by doing so, is contrary to Labour Law especially since there is an express provision in the UAE Labor Law. Article 65 requires all private sector companies to reduce the hours of work by two during Ramadan.
Non-payment of salary
A reader asks: I filed a complaint against my employer for non0payment of three months salary and termination without notice. In the Ministry of labour office, my employer presented one cheque copy of Dh30,000 favoring my name and he is claiming the cheque amount as loan given to me. Actually I withdrew that amount and deposited in other bank accounts belonging to my company as per my manager instruction but I don’t have any proof as I am not allowed to enter in office. (I have not signed any kind of loan). Please advise.
The questioner should approach the Ministry of Labour and deny this alleged matter of a loan. He should ask the ministry to refer the case to the competent court where the questioner can request that an accounting expert go to the company and check the documents.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
Compiled by Bassam Za’za’, Legal and Court Correspondent
