No ban for doctors

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No ban for doctors

Published: Mon 8 Oct 2012, 9:04 AM

Last updated: Tue 7 Apr 2015, 12:40 PM

I am working as a doctor under a limited contract for three years, which will end in September 2013. My employer wants to terminate the contract before completion of the contract. Can I claim salary for the remaining period of my contract? Can my employer seek a labour ban on me?

Since your contract is for a limited period and if your employer terminates your service for any reason not mentioned in the Article 120 of the UAE Labour Law, you are entitled to a compensation not exceeding the total pay due to you for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise, in accordance with Article 115 of the UAE Labour Law.

Therefore, it is necessary to review your employment contract regarding the compensation issue. If your contract provides any compensation in case of termination, then, it will be implemented, otherwise, it will be decided according to Article 115 of the UAE Labour Law which states: “If the employer has terminated an employment contract with a limited period for reasons other than those provided for under Article (120) hereof, he becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation, in all events, may not exceed the total pay due to him for a period of three months or for the remaining period of contract, whichever is shorter, unless the terms of the contract provide otherwise.”

Furthermore, and in addition to a return flight ticket, you will also be entitled to the end-of-employment benefits in accordance with Article 132 of the UAE Labour Law which states: “The employee, who has completed one year or more in continuous service, is entitled to the end-of-service remuneration at the end of his service.

Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows: 1) Twenty-one days’ pay for each year of the first five years of service; 2) thirty days’ pay for each additional year, provided that the entire total remuneration shall not exceed two year’s pay.”

Under the UAE laws, if an employee leaves a job without completing two years, then, the Ministry of Labour will impose a work ban for six months or for one year if it is imposed by the employer during which time the individual is not allowed to work in the UAE. Both of these situations are not applicable to you as you have completed two years in your employment as your contract expires in September 2013.

Also, due to your current profession of being a doctor, you will not be subject to a labour ban as per the Cabinet Resolution No. 25 of 2010 regarding internal work permit at the Ministry of Labour which states:

1) In order to remove the ban, an employee must prove qualifications by presenting a duly attested educational certificate as mentioned herein (i) If an employee holds a university degree (master), and earns a minimum of Dh12,000 per month; (ii) If an employee holds a fiploma (post secondary) and earns a minimum of Dh7,000 per month; and (iii) If an employee has passed high school and earns a minimum of Dh5,000 per month.

2) The contract is terminated due to the employer’s violation of legal and labour obligations towards the worker, or in case the worker has no role in terminating the work relationship.

3) The employee is transferred to another company the employer owns or has shares in.

Therefore, any worker who falls under any of the above-mentioned categories is exempted from the six-month ban.

Job title can be changed with employer’s consent

I am working as a Biomedical Engineer in Dubai, but my visa was stamped as medical equipment sales GN. Can I ask the management to stamp the visa as Engineer? I am on limited contract visa, with one-and-a-half years remaining. Will there be a ban if I shift to a new job? I have a master’s degree and I have more than five years’ experience.

You can change the designation any time with the consent of your employer. However, certain jobs need approval from the relevant authority governing that particular field. Hence, it is advisable to check it first with the relevant authority about the requirement of Biomedical Engineer job, then, try to change the designation if you meet those requirements.

You may change the job without the six-month ban if your new employer offers you a salary of Dh12,000 or more per month and your degrees are duly attested as per the Federal Cabinet Resolution No. 25 of 2010.

Signed undertaking is binding

I used to work with a property company here. When I submitted my resignation, the company promised to pay my gratuity in instalments. They paid some instalments but refused to pay the remaining amount. Following negotiations, they agreed to pay part of the remaining instalments. I first refused, but later agreed after a long useless wait. They made me write an undertaking in Arabic which I did not properly understand that I collected my dues in full. Is this right? Who should I resort to? Can I approach the Labour Ministry to claim the remaining amount? Please advise.

You were entitled to the end-of-service benefits as per the UAE labour laws. No one, a company or an employer, is entitled to decrease your financial entitlements for any reason.

Nonetheless, you have already agreed with your own free will to accept the dropped amount they offered you. You even signed an undertaking of the same, thus entered into what is known in law as a settlement with the company which is binding upon you both. You should have sought legal consultation or approached the labour ministry before signing any paper, document or undertaking. You should have also been fully aware of the content of the undertaking written in Arabic because ignorance of law is not an excuse in law. In brief, you may not be able to get any money from them or the remaining amount for the reason aforementioned.

(Compiled by Ahmed Shaaban)

By Mushtaq Ahmad Jan

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