You can be terminated if you take a leave without notice

Dubai - An employer may file an absconding case against an employee

I need advise on what action can be taken by the employer if an employee on a limited term contract leaves the country after the visa has been stamped, and has not reported for duty or kept in touch for over two months.
Kindly advise whether the company can cancel the visa in his absence without the passport and also put a ban or absconding notice of some sort on the employee?
If an employee, whether employed on a limited or unlimited term contract, has left the country upon stamping of employment visa sponsored by the employer and has not been reporting to duty or communicating for over two months, he can be terminated in accordance with Article 120 (j) of the Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the 'Labour Law'). The law states: "An employer may dismiss a worker without notice if the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days in a year."
Further, you may cancel the visa in the absence of an employee without the passport upon filing an absconding case against such employee. We assume the employee is under probation period. Article 1 (a) (4) of Ministerial Resolution No. 724 for 2006 on Administrative cancellation of sponsorship states: "The sponsorship of the worker shall be cancelled upon the request of the parties concerned and without the consent of the sponsor or the worker, according to the situation, if the relationship has ended prior to the completion of the probation period."
An employer may file an absconding case against an employee in accordance with Article 1 of Ministerial Resolution No. 721 of 2006 on escape report procedures which states: "An escape report is applied on the case of the worker who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence in accordance with the provisions of this Ministerial Resolution."
Further, a life-time ban may be imposed by the Ministry of Human Resources and Emiritsation (the 'Ministry of Labour) and or the General Directorate of Residency and Foreigners Affairs in accordance to Article 11 of the aforementioned Ministerial Resolution states, "Any worker whose work relation ends in escape and against whom a final escape circular is issued, shall be permanently deprived from working in the state in accordance with the provisions of this resolution."
Full pay for 45 days during maternity leave?
I have an issue with maternity leave salary. For the 45 days, is full payment, or only basic pay? My company says that only if I complete a four-year contract would I be eligible for the full salary. Is this legal? I have completed one year and five months with the employer.
You are eligible for entire remuneration during maternity leave since you have completed more than one year of service with your employer.
This is in accordance with Article 30 of the Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the "Labour Law") which states: "A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.
On the expiry of the maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women's work or confinement. The leave provided for in the preceding two paragraphs shall not be deducted from other periods of leave."
Illegal to work without valid visa ?
I was working in an LLC company in Dubai for two months without a visa or work permit. As I felt the company was not a promising one, I decided to get a visa under my husband's sponsorship. The boss was harassing many of the employees. I left the job without getting my visa on the false excuse of having an emergency in my home country. They are now asking me to rejoin, but I don't wish to return. If I resign now, can they take any legal action against me? I have not signed any contract, nor do I have any labour card. I only had an offer letter signed.
It is illegal for an individual to work without a valid visa/work permit issued by the Ministry of Human Resources & Emirtisation (Ministry of Labour). Employing or getting employed in the UAE without valid employment visa/work permit is an offence. In this case you and your employer are equally guilty.
Your employment is void and it is not mandatory for you to resign.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, ?PO Box 11243, Dubai.