Ask the law - December 1, 2006

You can be held at airport based on absconding report

A reader in India (name withheld on request) asks: I was on vacation due to an emergency. I requested my company to extend my vacation but it refused and asked me to send my passport. I could not do that as I was at home in India. It has issued an absconding report against me and put a lifetime ban on me. Can I re-enter the UAE as my visa is valid till June 2007?

In the first place there can never be a lifetime ban unless it is issued by a court judgment and it is usually called 'deportation'. As for the absconding complaint, it will generalised as 'wanted', not as banned from entering the country. You might re-enter the country as long as the visa is valid, but you could be arrested at the airport for investigation about the absconding report. You may then act based on the investigation results.

Change of employer

A reader in Abu Dhabi asks: I am on a housemaid's visa. If I resign, will I be banned and for how many months? Is it possible to return to the UAE and change my employer?

The ban for housemaids is usually for one year, which can be lifted only at the behest of the sponsor. You might return to the country and change the employer after one year from the exit date.

Transfer of visa

Sunil in Dubai asks: I work in a restaurant company as an accounts executive. I am not satisfied with my work conditions. Can I change my job within a year? If it is possible is there any penalty that I should pay to my employer and how much? Will there be any ban on me? How long will the ban period be? Is this ban restricted to UAE only or to GCC too?

The employment visa cannot be transferred before the expiry of one year from the date of joining work and if the employee terminates his services, in those conditions, a ban for one year, from entry to the United Arab Emirates only, is applicable.

No NOC required

A reader in Dubai asks: I worked for a year in a DIC company. Now the company has shut down and I have found another job. Do I require an NOC?

As long as the company is closed, the employee can transfer his sponsorship to any other employer without any NOC simply because the company is shut down.

Rights void after year

Haroon in Sharjah asks: My brother has many problems after he had an accident in Sharjah. More then one year has passed and the Sharjah labour court has not taken up his case yet. Who do I approach?

The questioner should approach the Labour Office in Sharjah and try to pursue the matter with the concerned Court, and this has to be done as soon as possible because, as per law, the worker's rights will be void after one year from their due date.

No ban for three years

A reader in Dubai asks: I work for private company in RAK. My contract is unlimited. I am an engineer but my visa is for a supervisor. If the present company offers me release, what are the documents needed to transfer my visa or sponsorship to the next company? If the company gets a ban against me, what steps must I take first before handing in my resignation to avoid being banned? What is the fee? Is three years a legal ban period?

The questioner may find application forms related to transfer of the visa in the "Printing Section", and such applications are usually signed by the employee, the current employer and the new employer.

To avoid the ban, the employee has to commit to the Labour Law & Employment Contract. In other words, if the contract is for a limited period, the employee has to complete the full period of employment as per the contract, whereas if the contract is for an unlimited period, the employee has to give his employer a one-month notice, and this should be after the expiry of one year from the date of starting work. You may refer to the Ministry of Labour and check the exact fees in your case. Lastly, there is no ban for three years.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.