I have worked in a company for more than four years. Almost a month ago, I submitted my resignation as I got a better job offer with another company. My company provided me with a no-objection certificate to change jobs, but a week ago, it filed an absconder complaint against me with the Ministry of Labour although I am still serving the notice period. I was only absent for three days during this period. On the company’s request I gave them my passport to process my visa cancellation. I also asked the company to provide me with an end-of-service certificate, but my request was rejected. What is the legal recourse available to me at the Ministry of Labour if I prove that the absconder complaint is false?
The questioner should report the malicious absconder complaint to the Ministry of Labour and prove before the ministry that the complaint is malicious. If the ministry finds merit in the case, it might refer the owner of the company to the public prosecution on the basis that he had filed a false complaint. The complaint could then be deemed a forgery. If the questioner is unable to prove that the absconder complaint is false and malicious, he can ask the ministry to refer his case to the labour court. Finally, as per Article 125 of the UAE Law 8 of 1980, “an employer shall provide a worker at the latter’s request and on the termination of his contract, with a certificate of termination of service, which shall be free of charge and 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 undertaken, 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, as per the said article, the questioner must get his end-of-service certificate regardless of the absconder complaint filed against him in the labour ministry.
Working on holidays
I worked in a company for almost two years in a shopping mall in Dubai. The company asked me to work on Fridays, public holidays and rest days, but did not pay me for working on these days. My company claims that as per UAE labour law, I am not supposed to be compensated because I am being paid a commission in addition to my salary. Please clarify my rights with respect to the allowance for working during public holidays.
Compensation for working during public holidays and rest days is set out in detail in Article 81 of the UAE Labour Law. It states: “Where the circumstances of the work make it necessary for a worker to work on public holidays or rest days, he is entitled to full or partial pay, or shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration. If he is not compensated for such days by leave, his employer shall pay him a bonus equal to 150 per cent of his basic remuneration in respect of the days worked.”
Therefore, according to the article, the questioner is entitled to get a compensation for working during public holidays. Getting a commission in addition to his salary does not give the employer the right to withhold compensation.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
