The employee must immediately report non-payment of salary to the Ministry of Labour and file a complaint against the employer.
Published: Mon 31 Aug 2015, 12:00 AM
Last updated: Sat 16 Jan 2016, 7:51 AM
My friend is working as an accountant since one year at an entity based in the UAE. However, she has not received her salary for two months, owing to the fact that the employer has taken in its possession ATM Cards of all its employees. The employer deposits salary in the accounts of each employee in accordance with the Wage Protection Scheme regulations, but subsequently, the employer withdraws the money using the employees' ATM cards.
Under these circumstances, can she shift to a job without getting a labour ban?
It is presumed that your friend's employment is subject to provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").
Pursuant to the first part of your question, it may be noted that your friend shall be within her rights to terminate her current employment, as her employer has failed to fulfil its obligations towards her as its employee, as your friend has not received her salary for the last two months. However, your friend must immediately report non-payment of salary to the Ministry of Labour and file a complaint against her employer.
Therefore, if your friend should decide to terminate her employment, she may not face the imposition of an employment ban, as the reason for termination of employment contract may be attributable to the employer. This is in accordance with the provisions of Article 121, which states: "A worker may leave his work without notice in either of the following case:
(a) If the employer fail to comply with his obligation towards him, as provided for in the contract or in this Law;
(b) If he is assaulted by the employer or the employer's legal representative."
Pursuant to the last part of your question, it may be noted that the acts perpetuated by your friend's employer may actually amount to unauthorised use of ATM cards, which is a punishable offence in the UAE. Owing to this, your friend along with other employees of the same entity may also consider to approach the police and file a complaint against her employer. However, in any case, it is advisable for your friend to simultaneously file a complaint against her employer at the Ministry of Labour as well.
Physicians exempted from ban
I am working as a physician at an entity based in the UAE on a limited period employment contract from the month of July in 2014. When I got a better job offer with a salary of Dh27,000, I informed my company that I would like to resign and also willing to serve three months notice as per the contract. However, the employer wanted me to complete the notice period and compensate the company with 45 days' salary. Besides, upon termination, they would apply for imposition of one year labour ban on me.
How can I get over from this precarious situation?
It is presumed that your employment is subject to provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").
Pursuant to your questions, it may be noted that the provisions of the Labour Law do not specify that a limited period contract has to be terminated by giving a notice prior to termination of the contract.
However, if the contract is terminated by the employee, then the employee is liable to compensate the employer for an amount, which is equal to the employee's 45 days' salary. This is in accordance with the provisions of Article 116 of the Labour Law which states as follows:
"Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision to the contrary."
Further it may be noted that individuals holding certain professional qualifications may not be imposed an employment ban.
This is in accordance with the provisions of Article 2 of the "Ministerial Order No (13) of 1991 Re: The organisation of the transfer of sponsorships of non-national labours the rules governing same" which states as follows:
"Article 2
Non-national labourers may be allowed to transfer one job to another and hence the transfer of their sponsorship if they fall under the following categories:
(a) Engineers
(b) Doctors, pharmacists, nurses - both male and female
(c) Agricultural guides
(d) Qualified accountants and account auditors
(e) Qualified administrative officials
(f) Technician operating on electronic equipment and laboratories
(g) Drivers who are licensed to drive heavy vehicle and buses
(in case of transfer of sponsorship from a private firm to another or from a private firm to another or to a government department)."
In view of the foregoing, an employment ban may not be imposed on you since you are working as a physician. Notwithstanding the above provision, even if an employment ban does get imposed you may still have the same lifted as you are being offered a monthly salary of more than Dh20,000/- in your subsequent employment.
This is in pursuance of Article 4 of the Ministerial Order No. 1186 of 2010 on "Rules and Conditions of Granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to Another" which states:
"As an exception to the provision of the Item No (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:
a) In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level..."
You may contact the Ministry of Labour for any further clarification with respect to your queries or in the event of any dispute with your employer.
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