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No ban after two years’ service

I resigned from my company in June but my visa has not been cancelled. My new employer is already asking for the cancellation which I cannot provide. I want to file a complaint against my old employer for delaying cancellation, but I am afraid they might seek a ban in return or delay cancellation. What should I do?

If you have properly submitted your resignation and it was duly accepted, then you should lodge a complaint with the Ministry of Labour. It is worth to noting that under the new regulation of the UAE Labour Law, employers are no more empowered to impose a ban. If you have completed two years with your previous company and thereafter your resignation has been accepted, the employer cannot put a ban on you.

Thus, you can lodge a complaint.

Deportation, ban

My wife is under my sponsorship. She has worked as a promoter with a company here since last March. They have issued her a temporary labour card which is valid for six months. Now, she has found a new job, and the new company is processing her new labour card. Can she quit? Will she face a labour ban? Will she be deported? Can the new company issue my wife a new labour card?

It will entirely depend upon the terms and conditions of her employment contract or offer of employment with the previous employer. As a general rule, a six months labour card, or temporary labour card expires upon the lapse of its validity. Furthermore, the ban is for those labours who have entered into two-year contracts or with an unlimited contract that is terminated before its expiry, that is before completion of two years. Therefore, she will not face any labour ban. To be on the safe side, it is further advised to contract AMER service on 8005111, a 24-hour hotline for visa and naturalisation issues.

Fraudulent dentist

I am running a medical centre here. I had appointed a specialist dentist with a post graduate degree in dentistry. Since the dentist presented a post graduate degree with five years experience, I paid him over Dh17,000 per month. Later the clinic owner noticed that the dentist’s experience letter is counterfeited and that he has committed several medical mistakes. When the clinic management questioned him about this, he approached the Labour Ministry asking for a job change and immediate cancellation without ban. His contract is limited and will end in June 2013. Do I have the right to claim the dentist’s whole salary during the last two years because of false experience certificate? Due to his treatment, some patients are having some problems and others have had to spend a lot of extra money. Who will take responsibility for his mistakes? To which authority can I approach now; court or the Ministry of Health? What will be the stand of the labour department in this case?

There are two different aspects of this issue, one criminal and the other civil. As per the criminal aspect, the dentist changed the facts and presented a counterfeited dentist’s experience letter and used it as a document in obtaining Dh17000 per month, a much higher salary than that may be awarded if he has not presented such forged experience certificate, therefore, he has committed the crime of forgery under Articles 216(2) and 216 (4) of the UAE Penal Code which states:

“Forgery of an instrument is a change of its genuineness by any of the means stated hereinafter, resulting a damage, for the purpose of using it as a valid instrument. The following are considered means of forgery:

• Putting a forged signature or seal, or alternation of a true signature, seal, or thumb-print.
• Obtaining, by means of surprise or fraud, a signature, seal or thumb-print of a person without his knowing the contents of the instrument or witho ut validly giving consent thereto.
• Fabricating or counterfeiting an instrument and attributing it to a third party.
• Blank filling of a signed, sealed or thumb-printed paper without the consent of the person who signed, sealed or thumb-printed it.
• Disguising or substituting the identity of a person in an instrument made to verify its truth.
• Alteration of truth in an instrument made for verifying its 
contents.”

The dentist used counterfeited instrument knowingly in gaining more salary, therefore, the dentist could be charged under Article 222 of the UAE Penal Code which states: “Whoever knowingly uses a forged instrument shall be punished by the penalty prescribed for the crime of forgery as the case may be.” The dentist obtained/acquired more salary by fraudulent means, therefore, the dentist committed the crime of fraud for which he could be charged under Article 399 of the UAE Penal Code which states: “Detention or a fine shall be imposed upon any one who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means or by assuming a false name or capacity, where such an act leads to deception of a victim and lead him to surrender.” To summarise, the medical centre has a right to file a criminal case against the dentist for crime of fraud and counterfeiting.

As per the civil aspect, the medical centre may recover the actual damages from the dentist if the centre proves without any doubt that the dentist committed gross negligence in performing his duties. The centre has to file a civil case against the dentist. However, it is worth to note that this kind of claim will be referred to Medical Liability Higher Committee in accordance with the provisions of Article 15 of the Medical Liability Federal Law No 10 of 2008, who will review the entire case and will give its findings. Therefore, if the committee report establishes that the dentist has committed gross negligence in performing his duties, he may be held responsible for such claim.

Also, you may lodge a complaint with the Health Authority about the misrepresentation. The health authority clearly mentions that “Applicants who knowingly submit falsified documents will be liable for prosecution as per UAE Federal Law. This would also include an immediate termination of the licensure process and/or revocation of licensure if already issued by DHA”.

Mushtaq Ahmad Jan is a law-yer at the Global Advocates and Legal Consultants, with a Mas-ter’s Degree in International commercial law, University of Hull, Kingston-upon-Hull, Eng-land. Readers may e-mail their questions to: news@khaleej-times.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Compiled by Ahmed Shaaban