Ask the Law: July 20, 2007

Transfer allowed if firm shuts

A reader in Abu Dhabi asks: My company closed in December 2006 and they said they will cancel my residence visa. I would like to know how much will it cost to transfer my visa to another sponsor? Is there any ban? And how much settlement will I receive from my company? I worked there for two years.

Expenses to issue a new visa could be estimated at Dh5,500. The reader will not face, in such a situation, any ban as long as he has not committed any penalty/violation of Labour Law. The questioner can transfer his sponsorship to another company without any obstacle, especially since his current company has closed down.

As for the questioner's entitlement to gratuity, as per Article 132, the employee who completes one year service or more, continuously, shall be entitled gratuity upon expiry of his service, provided that any cassation unpaid days shall not be calculated in the period of service. The gratuity is calculated as follows:

1) Twenty-one days' payment for each year of service during the first five years.

2) Thirty days' payment for any subsequent year of service, provided that the gratuity shall not exceed, in total, the grand payment for two years.

In addition, the questioner is entitled to any late salary, overtime payment, any applicable bonuses plus the return ticket, in case the questioner decides to leave for his home country.

Absconding employee

A reader in Sharjah asks: We employed a carpenter and transferred his visa from another company at our expense. But as soon as the visa was stamped, he asked us to leave him to work elsewhere. I refused and he absconded after three months. When I was supposed to submit his paper for absconding, he complained against me at the Ministry of Labour to cancel his visa. He also took an advance from me and refuses to pay back the sum. We lost advances, visa expenses, etc. Please tell me how to go about this situation?

The reader was quite late in reporting the absconding complaint and as long as the employee has been the first who filed a complaint against his sponsor with the Ministry of Labour, the ministry will not grant any complaint filed by the sponsor regarding the absconder.

I advise the questioner to submit whatever proof available with him at the investigation section at the Ministry of Labour.

If the sponsor realises that things would not go in his favour, that the amicable solutions submitted by the Ministry of Labour are not acceptable by him, then he might urge the Ministry of Labour to proceed the dispute to the competent Labour Court, where he may prove his allegations and demands in a better way.

As for the visa expenses, the Ministry of Labour does not hold the employee liable to pay any expenses related to the visa and they are to be borne by the sponsor only.

Hospital deposit

A reader in Dubai asks: My son was admitted to Al Wasl Hospital two days ago. The admission office asked me to keep a deposit of Dh2,500, which I did. Later, my son was discharged and the total bill amounted to Dh505.

We were entitled to get a refund of Dh1,995, but the cashier asked me to collect the refund on another day, saying that she had no money with her. Is this a correct method? If I had not paid Dh2,500 at the time of admission, would they have turned us away and not treated my son?

I think such behaviour by the cashier at the hospital was personal and unacceptable for the hospital management, as the questioner should have taken his right immediately. Because the reader could have been travelling out of the country the following day or could not have been able to come again to collect his due balance.

Visa charges

A reader in Sharjah asks: I applied for work in a company in Sharjah and the employer told me that there was no vacancy at the time. He asked me to work in his house as a part-time nanny. I paid for my own visa amounting to Dh8,500 under the company's sponsorship. Now they want me to work there as a clerk. Can I now reimburse all my expenses from the company?

The Ministry of Labour does not permit the employer to impose expenses, related to the visa, on the employee. In addition, the employee can claim a refund/return of the visa charges from his employer in an amicable way, or he or she can also file a complaint with the Ministry of Labour to claim the amount.

Absence

A reader in Dubai asks: Does an employer have the right to terminate an employee for not informing him over telephone of his absence, even though the employee already asked his colleague to inform their boss? The boss had reminded the employee several times but gave no official warning in writing. The employee still informs his boss through his colleague. The last time, the boss asked the employee to resign or get terminated. Is this legal or the employee has the right to continue his work?

In the legal sense, the employer who discovers any negligence or disorder regarding duty hours on the part of the employee should notify the employee with such negligence in writing.

In the second instance, he might deduct a certain amount from the employee's salary as per the law. After that, in case of frequent and continuous neglect by the employee, the employer can serve him a notice of termination, which should be kept in the employee's personal file.

This is the legal method for the employer to terminate an employee's service.

If the employer decides to terminate the employee's service, then he is supposed to send him a written notice of termination of 30 days.

The termination with immediate effect or without notice is only permitted as stated in Article 120 of Labour Law.

In other cases, the employer does not have any justification to terminate the employee in the way mentioned by the enquirer, which is an illegal way.

In addition, absence without reason is unacceptable by law, so if the employee is absent without justified reason for more than 20 days during a year or for more than seven consecutive days, the employer will have the right to terminate him without any notice.

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