Question : I have been employed by a private company for two years and my residency is connected with this company. But I actually work for another company affiliated to this company that drew up the employment contract and residence visa. The salaries I receive are from the company in which I actually work. I have an internal work contract in addition to the contract certified by the authorities and its terms are more beneficial to me. In the event of my resignation, who is legally responsible for paying my dues?
Answer: As a principle, the competent Labour Department will register a 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 residency on one company and work with another as per Article (60) of the new Labour Law.
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.
You have to file a case against both companies and prove that both companies are one entity. You will be responsible to prove your case against both companies.
Both contracts might be applied or the last one based on the conditions and terms. The court will decide about both contracts taking into consideration that the contract which includes more beneficial conditions for the worker is still valid and has not been amended with the consent of both parties under another new contract that included conditions other than the contract that included these beneficial conditions.