Header Ads

Ministry of Labour FAQ's



visa issues, mol complaints, visa cancellation, employee complaints, company complaints

Hello UAE Expats, hope you are doing well..!
We are trying to publish informative articles, New
Labour Laws and other Important Publications on daily basis.



We are starting legal and 100% Official Queries and their replies system from MOL officers.
Below Questions and Answers is the official conversation between UAE Expats and the Director of Labour Relations Office, Ministry of Human Resources and Emiratisation, Dubai Mr. Mohammed Ahmed Mubarak through AL AMAL.
You can also contact MOL for your Queries through official  website or Toll Free Number.
Further more you can leave your comments below, we will try to answer your FAQ’s Asap.

Question 1:
An employee in my company has been issued several warning letters for reporting late at work. Even after the warnings, he continues to repeat the mistake.
The employee is clearly not serious toward work but he does not want to resign either as it is a limited contract and if he does so, he may have to compensate the employer.
My question is what is the step that the employer can take in this case. Can the employee be terminated with immediate effect? If his services are terminated before the completion of the limited contract period, is the employer is liable to pay to the employee? Is the employee eligible for gratuity pay in this case? 

Answer:
According to Section VI of the Labour Relations Law, there is a set of discipline rules which grant employers the right to outline irregularities and include penalties.
For example, in case of work hours, the list includes 10 different penalties. An employer can issue the list and then mandate all staff to comply, however, after authorizing the list through a committee formed by the ministry.
Regarding the termination of employee’s services, article 120 of the labour laws mentions specific cases wherein a work relationship can be ended. In this case the employee has shown repeatedly been late for work inspite of the employer’s warnings.
If the worker continues to come late, the employer must start deducting the employee’s wages gradually. If there is no improvement, the employer can issue a final warning letter to the worker who might face termination and the dismissal is considered justified in this case.
As for compensation, in cases like this where the employer has tried to correct the worker several times but the latter has not shown any improvement, even though the contract is limited, the worker does not deserve any compensation allowance for such dismissal.
Gratuity is a payment made as an appreciation to workers who positively contributed to the workplace. Being dismissed for lack of commitment and delays does not entitle a worker to gratuity.
Nonetheless, legal scholars or judging committee can look upon the matter and decide whether to reward the employee or not, after looking into the length of service, job type, the duration of interruptions and delays, the impact of irregularities caused by the worker. 

Question 2:
I worked for a company for almost 1 year and nine-months under an unlimited term contract, at a salary of AED 4,000 per month. My relationship with the owner was quite cordial. However, the company was going through a difficult financial condition and the employers decided to cut down on staff strength and I was one of them. My labour card was canceled and I also managed to get a new job offer. However, when the new facility applied for my new work permit, the ministry refused to grant it to me only after a six months’ probation. How can I join the new job and is there a way out? I would like to inquire about the procedure required to cancel the labour card and residency permit so I could get a visit visa. 

Answer:
You must submit a letter through any of the Tas’heel service centers across the UAE, which are open 12-hours daily. Please attach with your application any documents that might support your claims, such as your termination letter. The Ministry will look into the request within a maximum of 10 days.

Question 3:
I was working with a construction company in Dubai. Due to a three- month salary delay, I filed a complaint which was referred to the court. However, due to my circumstances, I was not able to follow up on the case, which led to cancellation. Can I re-register the complaint? Also, am I eligible for a new residence visa?

Answer:
Your case comes under the purview of Labour Courts, which has the authority to decide whether a case reregistration will be accepted or not. Regarding your eligibility for a residency visa, if your current residency visa is still valid you can enter the country using it and try to re-register the case in court. If the court accepts, the Ministry of Labour shall grant you a temporary work permit until your case is completed. But in case the court doesn’t accept re-registration, a temporary work permit is not possible. In case the residence is expired, you may enter the country using any other entry permits, either visit or tourism. However, you must complete cancellation process with the previous company, if the employer did not do so already. The UAE is always keen on ensuring that employers’ as well as workers’ rights are preserved. The UAE provides free litigation processes to workers, as well as means for both parties to issue work related complaints at ease.

Thank you For Your Time, Keep in touch with us for more updates

 SHARING IS CARING, SHARE MAY SOMEONE NEED IT

6 comments:

  1. Is there any website to check if my name is listed as absconding in sharjah. I was working in the free zone and had left the country in 2007 without cancelling my permit.

    I also want to clear my name if there is any?
    Or any agency who i can engage to do the job for me. Can i enter uae on visit so that i can meet the officials to clear up my case.
    0)

    ReplyDelete
  2. Hi! Good afternoon, i would like to ask regarding my salary and my basic salary, my salary gross monthly at AED3000/- but my basic they are giving is only AED900/- i had already completed 3 yrs but my basic still the same even they increase my salary. is there any way how to solve this matter? my company no ramdaman timing, no holidays they deducting our monthly salary in 2 days cut without any reason.

    ReplyDelete
  3. Dear Sir,
    i have been working with my company since 8 years.I resigned by giving one month notice which came to an end on may 5th.As per the company's recommendation i rejoined the company after completing one month notice but i did not withdraw my resignation after rejoining. I would like to return to my home country since I dont want to work any more. what are the legal consequences that i have to face since its been just a week since i rejoined? kindly advice

    ReplyDelete
  4. good day at your good office.i am asking if its possible for my boyfriend to sponsor me for my tourist visa going there at UAE?please let me know...thank you.

    ReplyDelete
  5. This comment has been removed by the author.

    ReplyDelete
  6. EA 9896083 PASSPORT PAKISTANI 4.12.83 D.O B PLZ TELL ME VISA STATUS THNX

    ReplyDelete

Copyright 2016. Powered by Blogger.