Termination possible only for reasons specified by law

I have been working with a contracting company here on a limited contract which will end in July 2013.

My employer now says that they don’t have any more projects and has advised me to look for another job. I am searching for a new job, but till date due to the current circumstances in the market, I have not been able to get one. May I claim compensation from my employer for breaching the contract? They had also promised, as stipulated in the employment contract, to provide me with yearly bonuses with minimum one to three salaries every year, which I never got. Also, I have not received any type of increment or cost of living allowances in my pay structure. Please, advise.

As your contract is limited, your employer cannot compel you to look for another job before the term of contract ends.

As per the UAE Labour Law, an employer is permitted to terminate his employee only for the reasons specified by the law. Not having projects, financial conditions of the company and so on are not sufficient reasons to terminate an employee. Termination of the contract by your employer citing the reason of not having projects amounts to arbitrary dismissal. If your employer terminates you for any reason other than that specified in Article 120 of the UAE Labour Law, you may file a complaint at the Labour Department against your employer’s action and seek compensation. You can also claim all entitlements as stipulated in your labour contract.

Labour complaint

I work for a free zone company in Jebel Ali. I wish to know the legal actions an employee can take if his company does not adhere to the terms and conditions of the offer letter. Whom should the problem be addressed to if the employee faces any problem in the company?

You may file complaint at Jebel Ali Free Zone Authority.

Ban or no ban

I have been working for a company in Ras Al Khaimah for the past three years. The company is located outside the Free Zone area. The company has had my visa renewed for two years. If I resign now, will I be banned from entering the UAE for another six months?

You have not specified in your letter whether your labour contract is limited or unlimited. If it is a limited contract, the ban shall be imposed on you if you resign before the completion of the term of the contract. If your labour contract is unlimited, a ban may not be applicable for you as you have already completed two years in your company.

Employment charges

My company has issued me a four-year labour contract while my visa expires after three years. I do not want to renew my contract. The company is asking me to pay the visa/labour contract charges or 45 days salary to release me. Is this legal? Please, advice.

As per UAE Labour Law, all fees and charges related to the employment of an employee shall be incurred by the employer.

Property issue

We had invested Dh975,000 in a property in 2008. Due to the subsequent crisis, the project was not initiated and we filed a case against the developer.

As of now, our lawyers are saying that we have already won the case, but the developer is re-appealing to delay the judgment process.

Could you kindly tell us whether there is any such possibility wherein a defendant can re-appeal and delay the process? Would there be any way out in this regard?

A defendant has the right to appeal against the judgment and it cannot be considered a delaying tactic.