Ask the law - October 27, 2006

Many employers retain passports illegally

A reader in India (name withheld on request) asks: It has been reported many times in your newspaper that it is illegal to hold the passport of employees by employers. But employee passports are still being withheld by major companies. My wife works for a major supermarket chain, and this company refuses to hand over the passport to my wife despite several requests. My wife requires her passport to apply for a visa so that she could join me in a country where I reside. Could someone help us to resolve this issue?

The reader's wife is advised to submit an application to the sponsor seeking the passport. In case the passport is not handed over, she could file a complaint with the Labour Office since withholding passports by the sponsor is against the law.

Exit after visa cancellation

A reader in Dubai (name withheld on request) asks: My employer will cancel my residence visa soon. How many days can I stay in the UAE after the cancellation?

The employee should exit within 30 days after the cancellation of the residence visa, otherwise a penalty will be incurred. However, the employee may apply for a visa transfer and status amendment according to the law. If the employee exceeds the 30-day time period after cancellation, a penalty of Dh25 per day will be imposed.

Job change

A reader in Dubai (name withheld on request) asks: My friend, a bachelor's degree holder, has been working as an accounts assistant/receptionist for the past two years. She wants to change her job to a free zone company. Will she get a job ban?

The job ban is applicable if there is a breach of contract or labour law violation - switching job to a emirates-based or free zone-based company will not make any difference. The job ban cancellation fees could be around Dh5,000.

Salary increase

A reader in Dubai (name withheld on request) asks: I have been working for a company for almost two months. My salary is just Dh1,500, without accommodation, transportation or any other benefits. Do I have the right to ask my employer for a salary increase?

The reader can submit an application seeking a salary increase to the employer, explaining the high cost of living.

Out of country for six months

A reader in Dubai (name withheld on request) asks: A friend of mine went on emergency leave and could not return. It is about six months since he went on leave. Can he come back to the UAE and work for another company? If not, how can he come to the UAE?

The reader is advised to apply for a new visa for his friend as the residence permit is automatically cancelled by law if the employee stays more than six months outside the country - unless there was a ban stamped, in that case, the reader must get the ban cancelled or wait till the expiration of the ban period.

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