30102010 YOU & The LAW (KSA / QATAR / UAE)

QATAR – A person says that he travelled to Qatar to work in a hairdresser’s salon with a contract. However, after two months the sponsor asked him to find a job in some other place. He could not find a job or a new sponsor. Therefore, he left Qatar. He does not have a residence permit in his passport. He asks if it is permissible for him to enter the country again or must he spend at least two years to be able to enter the country again?

The law No. 4/2009 on the organisation of entry and exit of expatriates, their residence and sponsorship indicates that the sponsor should end the proceedings and renovation of residence within a period not exceeding 9 days from the date of termination.

It also stipulates that a worker cannot be granted a visa for two years after leaving Qatar.

By applying this in this case, we find that this person did not get a residence permit in Qatar and he left the country within the grace period. She can enter Qatar anytime without applying the two-year condition.

QATAR –The representative of my company has renewed my residence permit, but used a different signature to do so. Where can I go to protect my right?

The owner of the residence card has to sign the renewal form in the place specified for this. If the signature on the form is not his/her for sure, the person who asks this question can report this to the police. Policemen will verify the authenticity of the signature. Policemen will initiate criminal proceedings against the company if the signature on the residence card proves to be forged.

QATAR –I work for a government agency. My boss told me that I was being suspended from work. But there was no formal letter to confirm this. Does my boss have the authority to suspend me from work? How can I know about the date of any probe into my case if there was any? What kind of investigation procedures are there in my case?

The Human Resources Law No. 8/2009, which regulates disciplinary accountability, says the following:

• Employees who violate the duties stipulated in the Human Resources Law No. 8/2009 are subject to disciplinary action. The Chief Executive can suspend an employee referred to investigation as required. Employees, however, will continue to receive their total salaries. The suspension does not exceed 30 days until the Chief Executive of the agency issues a decision in the case.

• Disciplinary action can be taken only after a registered interrogation. Employees have to be given the chance to defend themselves. They can be warned and the value of three days’ pay can be deducted from their salaries. Key points in the investigation have to be recorded in the final paper on the decision taken in the case of the employee.

• Employees can appeal such decisions at the office of the Chief Executive within 30 days. If the management does not respond to the appeal within 60 days, this means that it has rejected it.

• The Legal Affairs Department at any agency is responsible for investigating staff violations at the request of the direct boss. Investigations have to have a serial number, date, time, and the place of the interrogation as well as the name of the people conducting the probe, and the people who note down the proceedings. The documents of the probe have to be signed by the writer (s) and the investigator. Employees have to be notified to attend the questioning. If employees refuse to receive investigation notification, the questioning can take place in their absence in the light of the procedures set forth in this law.

The investigator’s rank has to be at least equal to that of the employee investigated. This investigator has to write down his/her opinions in a paper and submit it to the Executive Chairman to take a decision as far as the investigation is concerned.

QATAR –I rented an apartment seven years ago. The contract used to be renewed automatically with an addition to the value of the rent every year. But this addition was never written down in the contract. A short time ago, however, the landlord told me that he would not renew my contract after it expired. He said he wanted to maintain the building. He said he would stop receiving the rent after the end of the contract. Does the landlord have the right to do this? Can I deposit the rent at the Rent Dispute Commission? Should I include the rent raise to the amount of money I will pay?

According to Lease Law No. 4/2008, landlords are committed to doing the necessary maintenance of their properties so that they can be fit for use. They have the right to perform this maintenance to protect their properties even if tenants oppose it. If maintenance hampers use of the properties totally or partially, tenants have the right to demand the annulment of the contract or a decrease in its value. They can even demand a drop in the rent during the period of the maintenance in compensation for the damage that they suffer because of the maintenance.

As indicated in Article No. 19 in Lease Law No. 4/2008, landlords, even before the end of the lease, have the right to ask the Commission to release leased properties if a decision is made to demolish the building by the authority concerned or if the leased properties fall apart in a way that jeopardises the tenants’ safety.

Based on this, landlords have the legal right to carry out necessary maintenance of their properties. They, however, cannot ask their tenants to evacuate the property unless a decision on demolition has been made.

As for the value of the rent that must be deposited at the Rent Dispute Commission in case the landlord refuses to take it, the value must be the same as the last rent regardless of the value in the written contract.

QATAR –I was suddenly called by police and when I got to the police station, I was told that I had to pay a fine of QR300 based on a previous ruling. How can such a decision be issued without giving me a notice? How can I protest it?

According to Criminal Procedure Law No. 23/2004, in misdemeanour cases, in which the law requires no imprisonment, the Public Prosecutor can issue a ruling without hearing the defendants. The prosecutor decides on the fines after reading the investigation documents. However, if he finds a hearing is necessary, he notifies the defendant and orders a hearing for
the case.

The Public Prosecutor can order fines of up to QR1,000 in criminal offences that do not necessitate jailing.

Defendants can appeal the fines within three days of notification.

KSA – I have been living in Saudi Arabia for 20 years and I have been working with my present company for ten years. Now I want to return to my country on final exit. I tried to contact our general manager regarding the termination of my contract, but he has not replied to my telephone calls. So I sent my 30-day notice by fax and registered. I have not received salary for the previous two months and my employer wants me to sign a document saying they owe me nothing, that I give up all my dues. I have refused to sign this document.  Now I have been informed that they are going to give me a salary reduction for those months, claiming I do not have a written document proving my current salary. I have six months worth of bank statements with my current salary.

You have done the right thing. Now you should phone your company and wait a week for their reaction. If your management acts unreasonably, go to the Labor Office with your complaint. Calculate your rights and draft a complaint to your nearest Labor Office. Ask also for a final-exit visa and airfare. They will call your manager and will try to settle matters between both of you. Do not sign anything with your employer until you work this out. If you do not know enough Arabic, take an interpreter with you to the Labor Office. After the Labor Office takes your statement, they will contact your employer. If the Labor Office does not succeed in reconciliation, it will refer the subject to the Labor Primary Committee (LPC). You may at this stage negotiate with your management a settlement. Try to get as much as you can from your company, even if you have to relinquish some of your entitlements. A court session will be fixed to the case. I do not advise you go to court, it is a lengthy process that will be followed by appeal after appeal.

KSA – I went on vacation two months ago. I came back and learned that my position at my company was terminated while I was away.

Terminating your service during your vacation without give you a reason is illegal.  You may still consider yourself on the job and if your company insists on your termination, you may complain to the Labor Office in your area. Unless, your company can justify on legal grounds what it has done, it will have to pay you for every day you were out of work since the date of termination.

KSA – I have been living in Saudi Arabia for 20 years and I have been working with my present company for ten years. Now I want to return to my country on final exit. I tried to contact our general manager regarding the termination of my contract, but he has not replied to my telephone calls. So I sent my 30-day notice by fax and registered. I have not received salary for the previous two months and my employer wants me to sign a document saying they owe me nothing, that I give up all my dues. I have refused to sign this document.  Now I have been informed that they are going to give me a salary reduction for those months, claiming I do not have a written document proving my current salary. I have six months worth of bank statements with my current salary.

You have done the right thing. Now you should phone your company and wait a week for their reaction. If your management acts unreasonably, go to the Labor Office with your complaint. Calculate your rights and draft a complaint to your nearest Labor Office. Ask also for a final-exit visa and airfare. They will call your manager and will try to settle matters between both of you. Do not sign anything with your employer until you work this out. If you do not know enough Arabic, take an interpreter with you to the Labor Office. After the Labor Office takes your statement, they will contact your employer. If the Labor Office does not succeed in reconciliation, it will refer the subject to the Labor Primary Committee (LPC). You may at this stage negotiate with your management a settlement. Try to get as much as you can from your company, even if you have to relinquish some of your entitlements. A court session will be fixed to the case. I do not advise you go to court, it is a lengthy process that will be followed by appeal after appeal.

UAE – I worked in a company for more than three years. At present, the company, where I am employed, is not working properly, as stated by the persons in charge, who claims the company is affected by the global financial crisis. Three months ago, the managing director asked me to look for a job for six months with another company, as the company, where I am employed, cannot give me my salary after three months. When I failed to find a new job with another company, I returned to the company and asked them to either reinstate me in job or terminate me. I was terminated by the managing director. However, when I asked them to calculate my gratuity, the amount was much less than the amount due to me. Further, they have not calculated my salary for the three months during which I did not work, as they forced me not to work and I was unemployed in that period. Am I entitled to the three months’ salary during which the company forced me not to work? Is my termination, due to the financial crisis, considered a legal reason and am I entitled to compensation? Can I transfer to a new company without a no-objection certificate to transfer the sponsorship?

You are entitled to the salary for three months even if you have not worked in the said period, as you were ready to work and the company was supposed to assign you work. Asking a worker to work with another sponsor for any reason is against the law; also, the worker is entitled to claim compensation for the arbitrary dismissal, as termination due to the financial crisis is illegal. You can transfer to a new sponsor without a no-objection certificate from the current employer as you have completed more than three years with the employer.

UAE – I was abandoned by my husband and I have filed a case here in my country. Unfortunately, he went to Dubai to escape prosecution. He is working there and declared himself single. Who can I ask for help to send him back home to face this case? Does your government extend help on requests of the aggrieved party?

The UAE does not have a judicial agreement with the Philippines, however, if the questioner had a judicial and final judgment against her husband, she may file a case before Dubai Courts claiming the validity and execution of the judgment she has against her husband, who resides in Dubai or she may contact the International Police (Interpol) in the Philippines and ask for assistance in this matter.

UAE –I rented a flat for family use for one year. I paid the entire rent through cheques in installments. The real estate office has already cashed the first cheque but they have not yet given me possession of the flat under pretext that the property is under maintenance for nearly a month. I asked the real estate office to cancel my contract as I could not wait for so long and needed the accommodation now. I also asked them not to encash the cheque which is dated after a month. They, however, refused and told me that I have to wait for the said flat and they cannot stop the cheque from being deposited and cancel my contract. My question is — is the real estate office entitled to encash the cheque? Can I ask the Public Prosecution or the court to stop the cheque being encashed until the matter with the company is settled and the tenancy contract cancelled?

The reader can immediately file a rental case with the Rental Judicial Committee of Dubai Municipality and request them to consider the case and ask them to cancel the contract and return all the cheques on the basis that the landlord is not committed to the tenancy contract and has to deliver the flat from the beginning of the contract. Therefore, such case is under the jurisdiction of the Rent Committee and the questioner may not be able to stop the cheque through the court or the Public Prosecution.

UAE –My son is under my sponsorship. He will be 18 on February 10. His visa expires on April 10. I would like to ask you whether I can renew his residence visa. He is taking his board exam on April 25, here in Dubai. Do I need to cancel his visa?

The questioner will not have any problem with regards to his son’s residence visa. In relation to the visa which expires in February, the questioner’s son has 30 days after the expiry, and when the period of 30 days has lapsed, a new visa may be made for his son if he continues his education within the UAE, and in this event, the new visa will be only for one year to be renewed annually.

UAE - Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

KSA - Answers given by  Muhammad Jaber Nader

QATAR – Answered as per Qatari Law

~ Samahang Pinoy Kawanggawa ~
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