Legal View

K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O. Box 11243.



Residency fees have to be incurred by the employer

Q: I have been working with a company in Abu Dhabi for six years. For the past two years, my company had not been able to pay my salaries on time owing to the financial crisis. Now, I have got a new job and my company has agreed to give me an NoC, but on the condition that it’ll not pay any of my dues, which amounts to my pending salaries of 10 months.

I was afraid of losing the new job so I signed the waiver paper (Tanazul) stating I have received all my dues. Can I claim my pending entitlements now?

A: Once you have signed the document stating you have received all your dues and end-of-service benefits then you cannot raise any claim on unpaid dues. Such a document (Tanazul) is evidence that you have received all your dues.

Q: Please advise if visa transfer fees money can be deducted from the employee’s salary, or should it be borne by the company.

A) As per UAE labour law, all fees and charges related to residency of an employee shall be incurred by the employer.

Q: My company was established in Dubai in 2002. It closed its business activities completely in February 2010, but still has a trade licence. The company sent me out of the country for official work after closing its business. My salary is Dh4,000, but when I was out of the country I received just Dh1,800 as salary for two months. Now, I want to cancel my visa and do not want to continue working with this company. But the company is not ready to release me or cancel my visa. I have an offer from other company. What should I do?

A: From your letter I understand that you are still under the sponsorship of the same company which had closed its business in February 2010 and you are presently working outside the country.

In such case you may come to Dubai and file a complaint at the Labour Department and claim your dues and request to cancel the visa of the present company.

Q: I am the owner of a trading company. One day one of my workers told me that the reason why some of the goods go missing is because the driver takes them in my absence. He said the driver does the same while supplying goods to our customers. My workers are too scared to testify against him as he has threatened to beat them if they did. What action can I take? I certainly do not want to keep the driver.

A: You may file a police complaint against the driver at the police station in your area and the police will deal with the threats made by the driver. You also have the right to file a civil case against the driver and claim the value of the goods misappropriated by him.

(Compiled by Ahmed Shaaban)


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