Dropping an absconding complaint

Dropping an absconding complaint

By Ashish Mehta (Legal View)

Published: Mon 18 Mar 2013, 9:16 AM

Last updated: Tue 7 Apr 2015, 5:07 PM

My brother has been working in a private firm in Dubai for 12 years. He left for India due to some personal problems. He was not willing to come back and work for the same company and the sponsor of the company got angry and filed a complaint saying that he has absconded. Now he wishes to come back to the UAE, but cannot return as he has got an absconding case against him. I spoke to the sponsor, but he was not willing to cancel his visa/labour card. What can he do to come back and work in the UAE? Can I approach the Labour Department and persuade the sponsor to cancel his visa?

It is assumed that your brother went back to India without informing his employer and without resigning from his employment due to his personal reasons. Usually, employers file an absconding complaint with the Ministry of Labour in the event an employee is absent from work without informing them or has left the country without informing or approval of the employer.

Your brother may, directly or through his legal representative/attorney, attempt to amicably resolve the grievances of his previous employer pursuant to which the previous employer will withdraw the absconding compliant filed with the Ministry of Labour.

In the event his previous employer refuses to withdraw the absconding complaint filed with the Ministry of Labour, your brother may appoint a legal representative/attorney and issue a duly notarised and legalised power of attorney to such legal representative/attorney who will represent your brother before the offices of Ministry of Labour for dropping the absconding complaint filed against your brother at the Ministry of Labour.

Did your brother send any communication to his previous employer prior to departure for India informing his previous employer of his intentions to depart for India? Or did your brother send any such communication to his previous employer any time soon after arrival in India? If yes, then it will be evident that the absconding complaint was filed by his previous employer without bonafide reasons.

No medical insurance

I have been working for a Dubai free zone company for over a year now. The company did not give us any medical insurance and our salary is being delayed for two months. What legal recourse should I take?

You have not mentioned in which free zone in Dubai your company is incorporated. Each free zone in the UAE has its own set of regulations to address employment-related issues. Further, each free zone normally operates its own department which deals with employment related issues. You may lodge your grievances with the free zone where your company is incorporated. Thereafter, the free zone will call upon your employer to settle the dispute by paying your dues. Should there be no amicable resolution of the dispute, you may seek a letter from the free zone which will enable you to file a case at Dubai courts against your company.

Limited contract

My son is working with a company on a three year limited contract which will expire in a month. He does not want his contract to renew for another year. Please advise what he should do to avoid this automatic renewal.

Your son may notify his employer, in writing, of his decision not to renew his limited period employment contract, upon its expiry.

Your son may check his employment contract on the notice period he is required to give to his employer if he does not wish to renew the limited period employment contract, upon its expiry.

In the event the employment contract is silent on the required notice period for non-renewal of the limited period contract your son may notify his employer, in writing, at any time before the expiry of the limited period contract of his decision not to renew his limited period employment contract, upon its expiry. A medical report is normally required to renew the employment contract. In the absence of a medical report there should be no automatic renewal.

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder and Managing Partner of Ashish Mehta & Associates, a legal consultancy firm in Dubai. He also practises in India, United Kingdom and Singapore. He has worked with international and commercial legal procedures, providing analysis and counselling on complex legal documents and policies such as commercial transactions, securitisation, real estate acquisitions, financial restructuring for distressed assets, mergers and acquisitions, arbitration and litigation issues. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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