I was officially hired three months ago as an engineer, and have an email that specifically states this. My company hired me for a specified project and the company was supposed to get that project in February 2017 but, unfortunately, it has been delayed for some reason. Therefore, my company has kept me on hold until that project starts. It is also mentioned that my employment paper is under process with the authority concerned. However, I’ve been waiting for my work permit and Emirates ID for the past three months. My employer has failed to mention that his company has been banned from getting visas issued for six months, or that I would not be working because the new project is delayed. My questions in this regard are always met with unclear answers and promises that the work permit and Emirates ID would be here soon. The company has refused to pay me for the past three months. Company officials have mentioned that they will “reset” the date of my hiring once I am physically in the office and the new project starts. Though I am more interested in gaining experience rather than getting the salary, I would like to know if the labour law is on my side concerning my salary payment? Is it possible to speak with the Ministry of Labour (Ministry of Human Resources and Emiratisation) to see what is going on with my work permit and Emirates ID or is this entirely between my company and the ministry?

I would like to advise the questioner that as per the company’s email, he was appointed three months ago. The company shall abide by this employment email as well as pay the questioner his salaries, especially since the questioner was ready to work and the company on its own did not give him any work. As for the work permit and Emirates ID, the questioner may check with the Ministry of Labour to make sure whether these are under process. If the questioner finds that the company has not applied for the work permit and Emirates ID, he shall file a complaint with the Ministry of Labour in this regard, because non-issuance of these documents will lead to violation and penalty. Besides, he shall inform the Ministry of Labour (Ministry of Human Resource and Emiratisation) that the company has not given him any work officially and that it has not been paying him his salary.

Annual leave rule

I have worked in a company for more than a year. My company is not allowing me to take off on official holidays and take annual leave for more than 15 days. In the offer letter I was made to sign, my annual leave is mentioned as 15 days and it also states that I am not entitled to any official holidays. What are the rights of a worker regarding official holidays, and what is the period of annual leave allowed as per the Labour Law? Can the company restrict an employee’s annual leave to 15 days?

I would like to tell the questioner that Article 74 of UAE labour Law or Federal Law No. (8) of 1980) states that each worker shall be entitled to official holidays with full pay on the following occasions:

New Year’s Day (Hijri); New Year’s Day (Christian); Feast of Lesser Bairam [Eid Al Fitr] — two days; Feast of Greater Bairam [Eid Al Adha] and Eve of Greater Bairam — three days; Birthday of the prophet; Nocturnal Journey and Ascension of the prophet; and National Day.

As for the worker’s annual leave, Article 75 of the Labour Law states the following: “Every worker shall, within each year of service, be granted a period of annual leave of not less than: two days a month, where the worker’s period of service is more than six months but less than one year; and 30 days a year, where the worker’s period of service is more than one year.”

The above-mentioned articles are applicable for all companies working under the UAE law.

The offer letter that mentions that the questioner’s annual leave will be only 15 days and that he is not entitled to any official holidays is against the law.

Questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants