Engineer Rights
Question 1: Questioner from Dubai asks: I am a specialist in interior design as an engineer. Six months ago the company where I work for gave me a job offer as an interior designer engineer. The offer when I was in my home country was attractive and included salary, commission and house allowance. I came to Dubai on a visit visa as they told me they would issue the work visa soon and it would take only a month. I have been informed by my company that I would be responsible for completion of a job in a villa for a client of the company and it will take six months to complete as per the contract signed between the client and the company. My company keeps delaying issuing me with a work visa. I requested to sign a contract with my company for the said project and the remuneration mentioned in this contract. The company only paid 30 per cent of my fees at the beginning of the project, but now that the project has been completed, my company has delayed payment of the balance fees. I also heard they are not going to proceed with my work visa and are going to terminate my services. My question here is: 1. How can I get my rights from this company? Can I file Labour complaint to obtain my rights? 2. If a worker signs an offer letter, does it mean as per the labour law that he is working legally.
Answer 1: To answer this question I would like to advise the questioner that he may not file a Labour complaint before the Ministry of Labour, because the questioner worked in the company illegally and this is considered contrary to the Labour Law. However, the questioner may file a case before the civil court to claim his rights, being the contractor for this project and as per the contract signed between the questioner and the company but not as a worker, then; the questioner might be able to obtain his rights. Finally working only with offer letter without getting a work permit from the Ministry of Labour is against labour law.
Commission calculation
Question 2: Questioner asks: I worked in real estate company with a basic salary mentioned in my employment contract at Dh20,000 including accommodation and all entitlements, plus commission. I submitted my resignation from work after three years and when the company accounted my dues at the end of the service, they told me that my basic salary as the company’s rules and what is applicable for all employees in the company is only Dh10,000, while commission is not included in calculation of end-of-service benefits. Please advise me regarding the calculation of my basic salary and whether it is Dh20,000 or Dh10,000 and whether the commission is included in the calculation of end-of-service benefits. As per my company commission is not included in end-of-service benefits calculation. Also, am I entitled to a return ticket although it is not mentioned in the employment contract?
Answer 2: I would like to tell the questioner that end-of-service gratuity shall be calculated on the basis of the basic salary mentioned in the employment contract which is Dh20,000 as per the questioner’s labour contract. The commission shall also be counted along with the end-of-service gratuity. This is as per Dubai Supreme Court which says that commission is part of basic salary. As for return ticket, the questioner is entitled to such ticket as per the labour law if he wanted to cancel his residence and go back to his country even if the same was not mentioned in the labour contract. However, if the questioner wanted to transfer his sponsorship to another company, in this case he will not be entitled to the said ticket.
—Ask the Law questions are replied to by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
(Compiled by Bassam Za’za’, Legal and Court Correspondent)
