Employee has right to experience certificate

Certificate of termination of employment, which should specifically state the period of service and a certain other details pertaining to the employment.

I used to work with a private firm until October 2014. My labour contract was over in August 2014 but was asked to work for two extra months as my co-workers were not in the country. I obliged and in September I gave in my resignation letter. All my dues have since been paid. My problem at the moment is that my former company is not willing to give me my experience letter. When my dues were paid, I had signed a piece of paper with the details of my payment. Under 'designation', it was mentioned 'Archives Clerk' even though for the past two years I had worked as a Recruitment Officer. I have requested for it in all ways but it's been futile. They have not even replied to my resignation letter yet. What should I do?
It is understood that you were working for a private entity till the month of October 2014. And, although your labour contract expired in the month of August 2014, your employer insisted that you continue your work for two more months. Further, it is understood that you have now duly received your end-of-service benefits, but your employer is not responding to your request for an experience letter. It is presumed that your employment is subject to the provisions of the Federal Law No. 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").
Further to your question, it may be noted that, after termination of an employment contract, an employee can rightfully ask his employer to issue a certificate of termination of employment, which should specifically state the period of service and a certain other details pertaining to the employment. Such a certificate has to be issued by the employer at no extra cost. This is in accordance with Article 125 of the Labour Law which states as follows:
"An employer shall provide a worker, at the latter's request and on the termination of his contract, with a certificate of termination of service, which shall be free of charge; it shall specify the dates of his entering and leaving the employer's service, his total period of service, the nature of the work he has performed, his last remuneration and any bonuses he has received.
It shall also be the duty of the employer to return any certificates, documents and tools belonging to the worker."
In view of the foregoing, you may try to prevail upon your previous employer to issue you the experience certificate as soon as possible and at no extra cost.
Must get employer's visa to work
I'm an Indian national in the UAE under the sponsorship of my wife. My wife's visa is from Abu Dhabi. Last week, I got an offer from a company. They are asking me to get a no-objection letter from my sponsor (wife) to go ahead with processing my labour card. Can I work legally when I am under my wife's sponsorship?
Also when my wife sponsored me and applied for residence visa, she had given an undertaking that her husband will not work under her sponsorship (this is the rule as per Abu Dhabi immigration). Please advise.
It is understood that you are an Indian national currently residing in the UAE under the sponsorship of your wife, who holds a visa issued by the General Directorate of Residency and Foreigners' Affairs, Abu Dhabi (the "Directorate").
Further, it is understood that you have been offered an employment, where the employer is insisting that you should secure a 'No-Objection' letter from your wife in order to commence work. And it is noted that your wife had furnished an undertaking to the Directorate that you will not take up any employment during the time she sponsors your visa.
Further to your question, it may be advised that you may not be allowed to work under your wife's sponsorship, as she had already submitted an undertaking to that effect to the Directorate. A No-Objection letter issued by your wife may not be sufficient for you to commence work for your prospective employer.
You may therefore cancel the current visa under your wife's sponsorship and request the prospective employer to issue an employment visa for you under the employer's sponsorship.

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder andManaging Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. He manages a multi-jurisdictional law firm practice, providing analysis and counselling on complex legal documents, and policies including but not limited to corporate matters, commercial transactions, banking and finance, property and construction, real estates acquisitions, mergers and acquisitions, financial restructuring, arbitration and mediation, family matters, general crime and litigation issues. Visit www.amalawyers.com for further information. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.