Company accommodation
I had worked in a company in Dubai for more than four years. A month ago, my company terminated my limited labour contract which would have expired in May 2017. My employer is not willing to give me the end-of-service gratuity in accordance with the Labour Law. The amount offered is only a third of what I am supposed get. My big worry is that the company has asked me to vacate the accommodation provided to me by the company within a month in accordance with the Labour Law, as per my company. How can I and my family vacate the accommodation within one month especially when the company has not paid me my end-of-service dues? Is the company entitled to ask me to vacate the accommodation before paying me the gratuity? What is the permissible period as per the Labour Law to stay in the accommodation?
I would like to clarify to the questioner that Article 131 (repeated) 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; and severance pay and any other entitlements the employee is obliged to get 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 it has 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 vacating the premises referred to in paragraph two of this article shall commence from the date the employer deposits 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 enforcing the same.
6. The provisions of this article shall not deprive the worker of his right to take his case to the court concerned.”
False absconder complaint
I have worked in a company for more than three years. A month ago, I went to my home country on annual leave for one month. After the lapse of the said period, I emailed the company informing it that I would be late for seven days because I was in the hospital for an urgent operation. I also sent the documents to prove this but when I entered the UAE, there was an absconder complaint filed against me by the company. I was arrested at the airport and my passport was impounded. Airport police station officials told me the passport would be impounded till my company’s complaint to the ministry is settled. The next day, I was supposed to approach the Ministry of Labour, but the company asked me not to as they would settle the matter amicably and promised to withdraw the complaint within a week. Otherwise, the company has the right to request the Ministry of Labour to impose a ban for life on me, my employer said. My question here is; how could the company file an absconder complaint against me while I was abroad and when I have a document of proof for my delay?
I would like to confirm to the questioner that the Ministry of Labour (Ministry of Human Resources and Emiratisation) may not, in any event, register an absconder complaint against the worker while he is outside the UAE. Therefore, I advise the questioner to approach the ministry instantly in this regard. If it is proved that there is an absconder complaint against the questioner before the ministry, such a complaint shall be illegal and malicious. In that case, the ministry might take legal action against the employer and the questioner has the right to request the ministry to refer the employee to the public prosecution for filing a false absconder complaint. The questioner also has the right to ask for compensation for the damages and the problem he faced in this regard with the civil court.
— Questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants
