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KK Sarachandra Bose Partner/ Corporate, Commercial and Contract Lawyer with Dar Al Adalah, Dubai. He can be contacted on Tel: 3355577; mobile phone: 6245087 and fax: 3354000. Readers may e-mail their questions to ktedit@emirates.net.ae or send it to Khaleej Times Dubai P.O. Box 11243.
You can't take up employment on visit visa
Q1) I am on a visit visa. I have been working with a private firm for 11 months. I had to leave the country and come back on new visit visas several times. I just got my employment visa last month. Am I the one to pay for the visit visas issued to me, since my boss does not want to do that?
A1) First of all, you should bear in mind that a person on a visit visa is not permitted to take up any employment, as per the law. Therefore, if you have worked with a private firm for 11 months without a valid contract and work permit, then you may not be entitled to claim compensation for the visit visas issued to you or any other compensation against the employer, as your employment itself may be declared as void. You may even be fined, and deported as well.
Q2) My friend joined a private hospital in the UAE two and a half months ago and is still on their employment visa. He received an offer from a government hospital recently and resigned from the hospital. However, the current employer is reluctant to cancel his visa and has threatened to delay the process of transferring the visa to the government hospital. Will a labour ban be imposed on him? Is it possible for my friend to go to the labour court, if the current employer delays cancelling his visa? He is planning to join the government hospital next week. Please advise.
A2) It's not clear from the facts you have narrated as to the nature of the employment contract that your friend has signed with the private hospital. Since your friend has completed only two and a half months in service, I am of the opinion that the resignation is not justified and the employer may claim compensation for the expenses incurred on him, and a labour ban may also be imposed on him.
Filing a complaint against the employer at the Labour Department may be futile and time-consuming as there is no breach of contract by the employer. Since his offer of employment is from a government hospital, your friend may negotiate with the current employer and resolve the issue amicably.
· Compiled by Ahmed Shaaban
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