• Home

Management change not to affect employee’s status

I have been working in a private factory in the Sharjah Industrial Area. The plant was sold in full and the responsibility has been transferred to a new management. I am still working at the same place. However, I would very much appreciate if you could kindly tell me about my legal status and the new management obligations.

The change in the management of the company does not affect the legal status of the employees working in such company. Where a change occurs in the form or legal status of the firm, employment contracts that are valid at the time of such change shall remain in force between the new employer and the firm’s workers, and their service shall be deemed to be continuous.

The original and the new employers shall remain jointly liable for a period of six months for the discharge of any obligations resulting from employment contracts during the period preceding the change; after the lapse of that period the new employer shall solely bear such liability.

Dh7,000 to sponsor parents

I am working in the Jebel Ali Free Zone. My salary is Dh5,100, all inclusive. I stay with my younger brother and his salary is Dh3,500 all inclusive. Can we sponsor our parents?

In order to sponsor your parents, a minimum salary of Dh6,000 with accommodation or Dh7,000 without accommodation is required. There is no such provision which considers combined salary of UAE resident visa holders to sponsor their parents.

Dh12,000 for degree holder

I resigned from my current company as a sales representative after completing one year and five months. I am on an unlimited contract and have a bachelor degree. Now, I have got an offer from another company as a sales supervisor with a much better salary. The difference is Dh5,000. Is it possible for the new company to sponsor me? What are the requirements?

As per the new rule enacted by the labour department, if an employee resigns before the completion of two years on the unlimited contract, a six-month ban shall be imposed against him unless such an employee gets a new job offer in accordance with the skill level specified by the Ministry of Labour. As per the said skill level, as a university degree holder your salary offered by the new company should not be less than Dh12,000.

If the salary offered by your new company is less than the required level, authorities may deny labour approval for your new job. Moreover, while cancelling your present visa the authorities may impose six months ban on you.

NOC may not be valid

I have completed 15 months in service with a company here in Ajman. Due to the recession, the company asked me to quit or to go back to my home country. The company will provide me a release if required. I have a job in hand in Dubai. Is it possible to get a visa from another company with a release? Please advise.

If you resign from the company, the authorities may impose a six-month ban on you. You have not mentioned whether your contract is limited or unlimited and about your educational level.

The No Objection Certificate issued by the current employer is no longer considered by the Ministry of Labour. But if the company terminates you, you may be permitted to join a new company.

KK 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: news@khaleejtimes.com or send them to (Legal View), 
Khaleej Times, Dubai P.O. Box 11243.