A reader from Dubai asks: I worked with a contracting company for more than 6 years. Three months ago, I submitted my resignation after I was offered an opportunity from a company with better salary and entitlements. I could not obtain my labour rights legally; therefore, I filed a complaint against the said company after the failure of amicable reconciliation with the company before the Ministry of Labour, so the case was referred to the competent Labour Court. But one month after referring, I found out that the company has cancelled my labour card without my acceptance and my knowledge, and I was informed that the company might have a strong relationship with some of the staff of the ministry who could have assisted the company in such action. Please tell me what to do.
I would like to make clear to the questioner that cancelling the labour card by the company in such manner mentioned by the questioner is contrary to Labour Law, this is because the ministry requires the signature of the worker on the cancellation request in order to cancel the labour card, which means that by signing on such request, the worker declares that he has received all his dues and he acquits the employer of all his labour rights. Therefore, I would like to clarify to the questioner that the company has no relationship with the Ministry of Labour, but what happened is that the employer has signed the cancellation request instead of the questioner which means that he committed the crime of forgery which is highly punishable by law. Therefore, the questioner is required to inform the Ministry of Labour regarding such action where the ministry will take the necessary procedures against the employer who may be referred to competent court to punish him in accordance with the law.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants
