A reader in Abu Dhabi asks: I have worked in a shop for the last three years. My labour card expired last month and residence visa will expire on May 14. I do not want to renew my employment visa with this employer. I gave my resignation letter two months ago saying that I do not want to renew my employment contract but the employer did not accept the letter and he threw it away. I told him I would go to the labour office for a complaint, and he said that he would put a year's ban on me. Is this possible? Can I send resignation letter to my employer through the labour department? If I give the letter directly, he will not accept it and I know that I can make a complaint against him but if he told the labour department that he did not get my resignation, what can I do? I do not think that the other staff will support me as a witness. In this situation, can the employer impose a year's ban? Can I remove the ban after paying the fees? In case of a year's ban, can I come back to the UAE on a visit visa?
I would like to tell the questioner that he may send a resignation letter via fax and retain the fax report as it shows receipt of the fax.
The letter shall provide a month's notice or the agreed period in the employment contract, as the questioner shall work during the notice period, unless the employer has asked him not to come to work, besides, it should be in writing. When the notice period finishes, the questioner's relationship with the employer shall be ended legally. The reader can then ask the employer to pay him gratuity amicably or after complaint with the Ministry of Labour. If the questioner's contract is unlimited, his resignation will not be violating the Labour Law.
Threats from the employer to impose a year's ban have no basis. If the questioner had spent more than three years with the employer, in this case, there is no need for no objection certificate to transfer the sponsorship after paying the required fees related to the Ministry of Labour.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
