30012011 YOU AND THE LAW (UAE)

~ UAE – Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

I worked in a company based in Sharjah; but six months ago, the company asked me to look for a job in another company due to non-availability of work for me and the unstable conditions of the company. Six months later, I returned to the company after failing to get a job in another company and I asked the employer to cancel my visa and to pay my labour dues, but he told me that I am not entitled to claim anything since I left the company for more than six months and that the law entitles the employer to terminate the employee in case of his absence from work for more than seven days without any dues. Please note that the employer did not report to the Ministry of Labour on this matter.

My question here is: what is the position of the law on this matter? Am I entitled by law to claim my rights in full including salaries for the said six months during which I did not work in the company? Please provide your advice in this regard, as the company has terminated me recently.

I would like to advice the questioner, if he failed to reach an amicable solution with the employer, to file a complaint before the Ministry of Labour claiming his labour rights in full, including salaries for the said six months even if he did not work during such period, as the employer is the one who asked the questioner to look for another job and this is against the labour law.

Also, the questioner may claim for compensation for the arbitrary dismissal, as according to the law, dismissing the employee from work due to his claim for his rights is deemed as arbitrary dismissal.

I have worked for one year only under a contract for unlimited period; the company where I am employed pays salaries every three months only due to the financial problems in the company according to the manager and that the company may be shut down if this situation continues.

My question here is: in the event of cancellation, is the matter of ban for six months still applicable as per the new law notes that it is said that the six months ban is no longer applicable at present and others say that it is applicable, therefore my question is: if the law of six months ban is applicable as per the new law, are there exceptions to such ban law?