Employee should be 'informed' to cancel dependents' residence

Dubai - Employee to get basic pay, housing during annual leave

By Ashish Mehta

Published: Mon 24 Oct 2016, 6:55 PM

I was an Indian resident in the UAE, employed as a sales manager with an LLC here since April 2015. I recently (August 19) went on vacation, and in my absence, the company informed me that they had cancelled my visa. In September 2015, I had signed cancellation papers dated March 2016 as the company was being sold and I decided to return home. Subsequently, the new owners asked me to continue working with them. My WPS was paid until June 2016, and July pay was given in cash.
Now, the PRO has told me that my visa has been cancelled and that I have a one-year ban. I checked with a typing institute, and they deny there is a labour ban on me, and my wife's visa is still shown as valid online, while mine is shown to be invalid. How could they cancel my visa but not my wife's? Can I appeal and claim my settlement including leave pay and ticket that was never paid? Can the bank take action on me for defaulting on a loan despite being banned from entering the UAE? Same with Etisalat?
Pursuant to your queries, an employee should not sign the employment termination and visa cancellation papers before he receives the termination dues, air ticket and end of service benefits, from the employer. Once an employee signs the employment and visa cancellation papers it is implied that he has received all his dues from the employer.
In your case, the employer has not followed the right procedures for termination of employment contract and cancellation of your residence visa.
However, you may argue that the cancellation papers where signed prior to the last day of your employment as it is dated March 2016 and you received salary by WPS until June 2016 and by cash for the month of July 2016. Further, it is very important that you submit the relevant leave application, leave approval letter or email confirmation by the employer pertaining to your annual leave. Further the exit stamp on your passport will confirm that at the time of cancellation of your visa you were not in the country and therefore the termination and cancellation will not be in accordance with Article 90 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the "Employment Law") which states: "Without prejudice to cases in which an employer is entitled to dismiss a worker without notice or without the indemnity provided for in this Law, an employer shall not dismiss a worker or serve notice of dismissal on him while the worker is on leave within the meaning of this chapter."
Article 1 (b) (3) of Ministerial Resolution No. 724 of 2006 on the Administrative Cancellation of Sponsorship states: "If the cancellation application was not submitted by the worker, he shall be notified to present himself within a week from the notice date to listen to his dues. If he does not come, his dues will be calculated per the available data from the competent labour directorate, and his sponsorship shall be cancelled without the necessity to listen to him, preserving his right to all that is due to him, and guaranteeing that he receives the said dues." Based on an assumption that you fulfil the criteria of salary for skill levels as stipulated by the Ministry of Human Resources and Emiratisation (the "Ministry"), no labour ban should be imposed on you as you have completed one year ?of employment.
Further, an employer should inform its employee to cancel his dependents' residence visa prior to cancellation of the visa of the employee by the employer. You may file a complaint at the ministry and escalate this matter to the courts of competent jurisdiction should you not be satisfied with the resolution of the matter by ?the ministry.
If you have defaulted in repaying bank loans and Etisalat bills to the respective telecom service provider your bank and the telecom service provider can initiate legal action against you, even though you are outside the UAE.
Employee to get basic pay, housing during annual leave
I work for an Abu Dhabi-based company with an unlimited contract as a follow-up clerk. I have been with the company since June 2010 and my basic salary is Dh850. But I receive a monthly salary of Dh4,500.
Previously the company was paying us full salary on annual leave, but has now begun paying only basic salary on annual leaves, without any other allowance or ticket. Is this legal?
Pursuant to your queries, you are entitled for basic pay and housing allowance for the period of annual leave. This is in accordance with Article 78 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law') which states "Every worker shall be entitled to his basic wage and the housing allowance if applicable in respect of his days of annual leave where the circumstances of the work make it necessary for a worker to work during all or part of his annual leave and the days of leave on which he works are not carried forward to the following year, the employer shall pay him his remuneration, plus a leave allowance in respect of the days worked at a rate equal to his basic wage. It shall be unlawful in any circumstances to employ a worker during his annual leave for more than once in two successive years."
Further, entitlement of an air ticket each year to travel on annual leave will depend upon the policy of the employer.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.