Ask the law: Hefty fines for recruiting a worker and leaving him without work

Up to Dh200,000 fine for employing a worker not permitted to work for a company

Last updated: November 11, 2022 | 14:28

Mohammad Ebrahim Al Shaiba, Special to Gulf News

2 MIN READ

Companies can face hefty fines if they recruit workers and leave them without work. Photo for illustrative purpose only

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Question: I have been working in a private company for two years. My residence visa is with this company, but I actually work for another company affiliated with my original company. I receive my salary from the second company. I recently resigned from work and asked the employer, where my visa is, to give me my labour dues, but he told me to get it from the second company I was working with — and this company also refused to give me my rights. My question is, according to the new labour law, who is legally responsible for paying my labour dues? Is it the company that issued my visa, or the company that I actually worked for? What are the legal procedures to be taken in this case?

Answer: As a principle, the competent Labour Department will register the case against the company you signed your contract with because the contract is the indicator for the employment relationship. That is why it is forbidden by law to put your residence on one company and work with another as per Article (60) of the new labour law that states any person who commits the following shall be punished by a fine of not less than Dh50,000 and not more than Dh200,000: (1) Employing a worker who is not permitted to work for him; (2) Recruiting or employing a worker and leaving him without work

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The procedures to be taken is to file the case against both companies and prove that both companies are one entity and that the first company had sent you to work with the second company which was paying you the salaries. The salary transfers and slips will prove that you were really working for the second company while the contract will prove that you were working to the first one. You will be responsible to prove your case against both companies with all the means of proof like written documents, emails, oath, etc.