59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: Employee six months out of country for Labour Card cancellation

Thursday, May 31, 2012

Employee six months out of country for Labour Card cancellation


UAE employees who stay outside the Emirates for more than six months can have their labour cards cancelled. This was revealed at the weekly labour ministry meeting, according to 'Al Ittihad' newspaper. Companies must submit proof of absence along with documents of due settlement. The ministry officials refused to accept an employer's request to cancel an Arab's labour card who has been outside the country for only five months.

The company was asked to wait for another month and then submit the proof of the worker’s absence to the department of naturalisation and residency along with  documents to prove settlement of all his dues. Only then can the employer apply  for cancellation of the worker's labour card.

Amending Labour Contract

Addressing another case, ministry officials clarified that companies can amend  labour contracts - change names of professions or salaries - only in the presence of the  employees concerned. Else it will be considered a violation of labour rights.

Temporary work permit

Issuance of temporary work permits would depend on the type of labour dispute and  would be considered by the ministry only once the case has been referred to the  labour court. Once the terms and conditions as stipulated by the labour laws are adhered to, the ministry reserves the right to issue temporary work permits without the approval of employers. Similarly, the worker in dispute, need not necessarily have a residence visa provided it is proved that the case has been  referred from the labour court.

Job transfer

Workers under three skill levels can end their contract without an agreement with  the employer even before completing two years. They include employees who have a  bachelor's degree and earns a minimum Dh12,000; or diploma holders with Dh7,000  monthly salary; and those who possess secondary school certificate earning  Dh5,000.

Meanwhile, officials approved a request of a company to hire as director a British  who has no university degree but holds a certificate from a institute which he  attended for three years after high school.

Explaining its decision, the labour committee, including Khalil Khouri, Director  of work permits, and Saleh Al Jabri, Director of the Unit of facilities in Abu  Dhabi, said in this case the employee has 10 years’ experience in the same job at  the headquarters of the company in his country.