Legal View

K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O Box 11243.

Published: Mon 15 Feb 2010, 8:50 PM

Last updated: Wed 21 Aug 2024, 2:54 PM

Employer Cannot Ask for Leave Security Money

Q: I have been working as an office boy in a labour supply company since May 2009. Having severe knees and backbone pain, I asked the manager for a 30-day emergency leave. In turn, he asked me to provide a Dh1,000 security voucher to two persons working with us. Having refused and submitted my resignation, the manager asked me to pay Dh2,000 in compensation or rather stay till the end of my three-year visa period which is due to finish by June 2011. Though I have submitted my resignation, the company took no action. Is the employer legally entitled to ask money from his employees against any emergency leave? Do I have to pay any compensation to the employer for submitting my resignation before completing my three-year contract? How may I resign without paying any money to the company?

A: There is no provision in the labour law which entitles an employer to ask money from his employees against leave. But for claiming sick leave, you should have completed 3 months in the service after your probation period. Regarding your resignation, you have not mentioned the date of your resignation. If you have completed three months after your probation period you have the right to claim sick leave. Similarly you have also not mentioned whether your contract is limited or unlimited. If it is limited, you are required to complete three years of service and if it is unlimited, you are required to complete one year of service before submitting resignation. Since you have not completed one year in service, in any case the management of your company may ask for compensation for loss caused by your resignation. They may also impose a ban on you. Therefore, you may withdraw your resignation if the management permits so.

Q: I joined a private security company here in December 2008. Due to the financial crunch, many of the staff, including me, are staying in the company accommodation without work or salary. We have not even signed any employment contract till the moment. Nonetheless, the company has no plans for us and refuses to give us no objection certificates, or NOCs, to join work with other companies. We are even being threatened to have our visas cancelled. Please, advise.

A: You have not mentioned the status of your visa. In order to stamp the employment visa on your passport the procedures in the labour department including the signing of the labour contact have to be completed. To sort out your issues I do not see any way out except to file a complaint in the labour department. Therefore you may submit a written complaint explaining all your problems to the labour department and seek remedy.

Q: A friend of mine recently had his residence visa renewed though the new employment contract was not signed. Is this legally possible? He was appointed three years ago on a monthly salary of Dh1,500/- At present he draws Dh3,000/- But his agreement was not altered.

A: At the time of renewal it is not necessary to sign and submit a new employment contract to the labour department if the conditions in the previous contact are agreeable to both the employer and the employee. If the two parties agreed, the contract may be renewed for a similar period or for a period less than that. According to the labour law this renewal may be done more than once.

Compiled by Ahmed Shaaban