Wednesday, April 7, 2010

Can I get the ban lifted by paying money?

A reader from Dubai asks: I have worked in a company for more than two years for a salary of Dh6,000. The first period of my employment in the company of six months is not mentioned in the ratified employment contract between me and the Ministry of Labour. I have submitted my resignation, but there is a disagreement between me and the company on the matter of the current salary, the end-of-service gratuity and the said first period of employment. My question here is; how shall I prove before the Ministry of Labour my current salary, which is larger than the amount mentioned in the employment contract? And how shall I prove my joining date in such company? Is the employer entitled to request the ministry to impose a six-month ban on me and can I be exempted from such a ban. Can I get the ban lifted by paying money? Please advise me. Many thanks.
I would like to clarify to the questioner that he may prove his current salary through the bank receipts, which state the deposit of the questioner’s salary in the bank or any letter from the company stating that the company has increased the questioner’s salary. As for the first period of employment for the questioner in the company, the questioner may prove the same through the appointment letter as well as the date of the first salary he received from the company. In connection with the ban, a six-month ban will be imposed on the questioner by the Ministry of Labour since the questioner has not completed three consecutive years with the existing employer. Therefore, a no-objection certificate is required by the questioner to transfer the sponsorship from the existing sponsor so that he can lift the ban.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants