I work as a supervisor in a contracting company in Dubai. I started work immediately after signing my appointment letter in November 2013. My manager and I agreed that I will be paid Dh6,000 a month as salary plus accommodation. According to the terms of my appointment, my salary was to be increased after I received my employment visa. However, whenever I asked my manager about the visa, he told me that it was being processed. I eventually got my employment visa in February this year and signed my labour contract in the same month. The contract stated that my total salary is Dh6,000. I expected to receive Dh6,000 by the end of March, but my employer gave me only Dh4,000. I asked my manager why I did not receive Dh6,000 as indicated in my labour contract, but he told me that my salary was only Dh4,000 and he put down Dh6,000 in the contract for my benefit in case I wanted to sponsor my family. My family is in my home country and I am not planning to bring them here. As far as I know, the labour contract is binding. How do I ensure that I receive the salary mentioned in my contract? I am with this company for seven months now, but I have not received any increment as promised earlier. My manager told me that I will not get an increment this year, but I could get one after I renew the contract. However, my manager gave increments to other staff last month. There is another supervisor who is paid Dh4,000. Perhaps that is the reason I am also being paid Dh4,000.
I would like to confirm to the questioner that according to UAE Labour Law, salaries paid by the employer should not be less than what is mentioned and agreed by both parties in the labour contract. I advise the questioner to file a complaint before the Ministry of Labour, or approach the labour court in case the questioner fails to settle the matter amicably.
Labour ban
My friend had a one-year labour ban imposed on him in February 2013. Before exiting the country from Dubai airport, he underwent an iris scan. The fact that he had a one-year ban was mentioned on residence visa that was cancelled. Prior to the ban, his company filed an absconding case against him, but after planning to leave the country, he went to his company and was ordered to leave the country. Now more than a year has passed. Is he automatically cleared of the labour? He tried to attest some papers at the UAE embassy in his country, but they refused to do because of the ban. They told him that even if a one-year ban was stamped on his passport, he still cannot enter the UAE due to the iris scan. Is this correct? What should he do?
If the person was subjected to an iris scan at the time of leaving the UAE, it means that he may not enter the country again. However, this is not the procedure followed in case of a one-year ban. I advise the questioner to file an appeal before the concerned authority.
Job change
I am confused about how to change my job. I will complete two years in my current company by the end of the month. My contract is for an unlimited period. If I accept a new job, will a six-month labour ban be applicable to me? I am a degree holder and have an appointment letter from my new employer. In my labour contract, the notice period is specified as one month. After accepting my notice of resignation, for how many months can the company hold me? They are saying that they will cancel my visa only after getting a substitute and they will withhold my end-of-service benefits.
In case of resignation, the Ministry of Labour automatically imposes a six-month ban. The appointment letter from the new employer will be considered by the Ministry of Labour and the ban will be lifted after paying the prescribed fee because the questioner has already completed two years in service as per the ministry’s requirement. The questioner need not ask for a no-objection certificate from his present employer to transfer the sponsorship because the document is no more needed by the ministry. As for giving the one-month notice of resignation, as per Article 118 of UAE Labour Law, the questioner’s relationship with the employer expires with the end of the notice period and the company has no right to ask the questioner to continue working afterwards, or refuse to release his end-of-service benefits unless the employee agrees to work after the notice period. The questioner is not responsible for the company not being able to find a replacement for him. Finally, in case no amicable settlement can be reached with the employer, the questioner has the right to file a complaint with the labour ministry.
Ask the Law questions are answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants
— Compiled by Bassam Za’za’, Legal and Court Correspondent
