Friday, November 26, 2010

Employment Ban in UAE- Frequently asked Questions

1. I have worked with my employer under a fixed contract for a period of two years, but I didn’t completed the period of my labor contract…whereas my employer wants to cancel my labor card with a ban of work for one year in a pretext that I didn’t completed the contract period?

The worker shall be banned from work for one year from the cancellation date if he didn’t complete his fixed period contract…and has ceased working without legal reason…and he shall not have the right to work with other employer during such period.

2. I have worked with an employer with a contract of unlimited period and I didn’t worked for the notice period… shall the employer have the right to put the pan stamp on my passport? Article: 129:

The employer shall have the right to put the pan stamp if the worker didn’t work for the notice period after resignation…or if he worked for some days from the notice period and ceased working after that altogether without reason…however, the worker shall not have the right to work for another employer during that period.

3. Is there any exclusion with regard to the one year ban on the worker if the original employer agreed to cancel the said ban? Article: 130:

The worker may be excluded from the provisions of the two Articles No. 128 and 129 with regard to the ban before joining the other work and this shall be through the approval of Minister of labor based on the application of the original employer.

4. I am employed under a limited period contract for 3 years and I have asked my employer not to renew the same…then who shall pay the costs of the return ticket? Article: 131:

If the worker has completed his limited period contract and if he didn’t want to renew the same…the employer must be obliged to pay his return tickets. And if the worker has joint some other work, then his new employer should be obliged to pay his said return tickets.

5. If I worked under limited or unlimited period contract and submitted my resignation, shall I have the right to ask for return tickets?

If the worker has resigned or terminated his service contract, he should bear the costs of the return tickets.

6. I have completed my labor contract, whereas there is a stipulation in such labor contract showing that my employer should bear the costs of my family return tickets in addition to the baggage shipping costs, have I the right to bound him to the same?

If such stipulation is present in the labor contract, the worker shall have the right to claim for the said costs…

7. As for the return tickets, shall my employer have the right to return me to the capital of my home country or to the place he has already brought me from?  To the place he has already brought you from.41. My employer has cancelled my labor card, and I am now present at the labor camp, but he asked my to leave this accommodation, What is your opinion about this?

The employer shall have the right to ask the worker to leave the accommodation, if he has paid to the worker all his work dues.

8. If a labor compliant has been referred to the court…from when does the period of 30 days for vacation of the accommodation shall start to go into effect?

Article: 131: - The employer shall file a complaint to vacate the worker from the accommodation…, and the 30 days period shall start to be effective commencing from the date in which the employer has deposited the worker’s dues with the Ministry as a trust…, if the worker didn’t vacate the accommodation after this, the concerned authorities should take the necessary action.