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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.
Q) I worked as a teacher at a school in the UAE for four years. In 2004 I had to travel to India for an emergency. While the school gave me the passport, it kept my labour card. However, I neither returned nor had my visa cancelled.
Will this cause me a problem if I wish to come back to Dubai? Can the school blacklist me, though I do not owe them any money? How can I find out if I am blacklisted or not?
A) Since you failed to return to Dubai and join your duty after the leave period, there is a possibility that your employer may have declared you as an absconder. In such a case you may be arrested at the airport when you enter the UAE.
Therefore, I advise you to ask some of your friends or relatives working in the UAE to check with the Immigration, Labour and Police departments whether there are any pending cases against you.
Q) I was hired by a contracting company on a two-year limited contract. Upon completion of the contract, I was paid a gratuity of 21 days based on my basic pay for two years plus the leave salary for 60 days.
In my employment contract, I was guaranteed a return ticket after continuous service of 24 months, which was not paid.
My employers informed me that since the contract had expired and they had no intention to extend it further, so I was not entitled for an air ticket. Is this legal?
A) Since your contract with the company was limited for two years and since the company decided not to renew the contract for a further period, your entitlement is limited to the two-year period only and not beyond.
The guaranteed return ticket to your country of origin after continuous service of 24 months becomes meaningless as the contract of employment has not been extended. Since your company has paid all your dues as per the laws, I am of the opinion that the company is right in all respects.
Q I have been working as a sales engineer with a private company in Abu Dhabi for the last three years under a limited contract. My engineer visa will expire this month and I am not interested in renewing my contract.
I am in talks with another company for a job. Will there be any ban on me? Is it necessary to get an NOC from the current employer and serve a one month notice period?
A) If you do not wish to renew the contract with the present employer you may submit a letter to your employer stating your intention not to renew the contract.
If you have completed the three-year term with your employer, the labour ban may not be imposed on you.
Though an NOC is not required after three years of service, some employers do insist that their new employees must produce the NOC from their previous employers. So you may check with your new employer whether they require the NOC or not.
Q) I have been working with a reputed organisation for two and a half years on an unlimited contract. I submitted my resignation and started serving the one month notice period.
My resignation was immediately accepted and my visa was cancelled. However, my manager started giving me trouble and asked me to work for 30 extra days as grace period of the visa.
The HR department was ready to settle my dues and asked me to book my tickets on completion of my notice period on September 5. However, my manager does not want me to book the ticket until he releases me. Not heeding his directive, I booked the ticket for Oman, where I am supposed to join a new job on September15.
But since my passport is still with the organisation, I am in deep trouble. I want to leave for India on September 5 so as to meet my family before joining a new company in another country. What should I do?
A) From your letter I understand that your notice period will end on September 5, 2010. In such case you are bound to work till the last day of your notice period. In any case your company has no right to detain your passport.
To obtain your passport, you may file a petition at the police station nearest to your organisation. Since your contract is unlimited and your resignation is already accepted by your employer, you may file a labour complaint at the Labour department and seek remedy.
Q) I am residing in Dubai under my husband’s sponsorship. I am a qualified consultant and trainer in food hygiene. I would like to know if I can work as a freelance consultant and trainer. Is there any procedure to get approved as a freelancer?
A) There is no concept of a freelance consultant or trainer in Dubai. In order to engage in any occupation, you may either obtain a professional licence and do it as a business or approach the Ministry of Labour and obtain a work permit to do the job.
(Compiled by Ahmed Shaaban)
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