Solutions to Legal Issues

December 23, 2020

If a person has been working for a company in UAE for more than 3 years and the company decides to resign the person. Employment Contracts tells us that the type of the Labour Contract is Unlimited Contract. Now the company is not terminating that person and asks him to resign himself instead. We all know that any company can’t terminate the job without any valid reasons and can’t force an employee to resign himself. What should an employee do in this situation? What are his Labour Rights and where does he stand? First of all, the employee should not resign from his designation or position. It will stop him or her to give up many of his or her rights which he or she can get if he or she is terminated by the Company. If the termination could be proved wrongful then the employee can also ask for the compensation for unfair dismissal. Second, the employee should approach the Labour Department and lodge the complaint against the company. This complaint will put the employee on the safe side. Employer or Company can’t put him at risk or in trouble. Therefore employee should quickly go to the Labour Department or approach MOHRE and lodge the complaint. To understand better about the unfair dismissals, the Lawyers and the Legal Consultants can be hired. Pay a consultation fee and grab the legal opinion of this regard.

If a person who came to the UAE 10 years before, and got a proper Labour Employment VISA, worked for a few months( more than a yeat, finished his probation period) then went back to his Country on annual leave. Because of health reason, he could not be back. After some time he got another opportunity but in another Middle East Country. The VISA was supposed to be expired after two years which had been. But the passport of the employee does not state the same results. This scenario tells us as per UAE Labour Law, that VISA should be properly cancelled by the employer in UAE. Because if it is assumed that the person got another job, got moved to another country or cant come to UAE due to any reason, then there is another provision available which is to share the Passport. Passport can be sent to the company in the UAE and PRO of the company or anybody who is authorised can cancel the VISA properly. Keep in mind such acts make the employer put absconding on the employees as well. The employee can be banned for the time frame provided by the UAE Labour Law this regard which is 1 year usually.

If an employee is working in Freezone Company like DMCC and he is not being paid with his end of service benefits then first he will contact DMCC authorities to lodge the complaint. He will get a start from DMCC indeed, different than Main Land Companies where directly employee can contact MOHRE /Labour Department. If FreeZone authority sends you to the Labour Department later, but you have to be through the FreeZone first. The Laws of FreeZone are also little different than Main Land Companies.

If a person has been arrested for spreading the rumours, in UAE and given fines or imprisonment then the UAE government has the right to take this decision. Nobody has the right to spread the fasle rumors in the United Arab Emirates. UAE government provides best and quality human and employment rights to people living and working in the UAE. Therefore no one has the right to do anything against the UAE. Lawyers or Law Firms in Dubai, any reference, etc nobody can help you with this regard if you are found guilty.

Lawyers by Emirati Law Firms like e.g. Al Shaiba Advocates and Legal Consultants can be hired to understand the UAE Labour Law, Limited and Unlimited Contracts, Absconding, Employment Cases, Court Complaints, Free Zone Labour Cases, Main Land Labour Cases, Unpaid Dues, Discrimination etc. Al Shaiba Advocates and Legal Consultants is owned by Advocates Mr Mohamamd Ebrahim Al Shaiba who also writes in Gulf News. Such Law Firms should be hired always for quality services and results. The benefit of having Emirati Law Firms and the well-reputed law firms is guaranteed results, reliable solutions and no cheating.