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I worked in a Dubai company for more than two years. I took a bank loan, but could not pay my instalments for more than six months. Two months ago, I went on vacation and could not return in time because of a financial problem. In this period, the bank filed a police case against me after banking my guarantee cheque. Now, my company has threatened to cancel my visa and put a ban on me if I don’t return to work. What should I do?
If the questioner intends to clear his bank loan, he can delegate someone to make the payment, obtain a clearance from the bank and close the police case. Regarding his company, he can return to work or request the company to cancel his residence visa according to the labour law and Department of Naturalisation and Residence guidelines.
No Objection Certificate for a new job
I have completed two years of employment under a limited period contract, but my employer is not accepting my resignation. I have found another job, but the company wants an No Objection Certificate (NOC) from my previous employer. As a policy, my previous employer does not give no-objection certificates (NOC). They will do so and accept my resignation only if I accept a two-month salary cut in my end-of-service benefits. Please advise.
There is no need for a NOC to transfer sponsorship since the questioner has completed more than two years with the employer, regardless of company policy. Secondly, an employee’s resignation does not required the employer’s approval.
We are a group of employees working in a contracting company for more than two years. Our contract requires us to work eight hours a day, but we spend four hours daily travelling by company bus from our labout accommodation in Ajman to our place of work in Dubai. This means we are working 12 hours a day. If the law accepts this as working hours, do we have the right to claim overtime?
Article 65 of the UAE Labour Law states that “the maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes, or in guard duties and any other operations where such an increase is authorised by the Ministry of Labour and Social Affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the ministry.
The normal hours of work shall be reduced by two hours during Ramadan.
The time spent by a worker in travelling between home and place of work shall not be included in his hours of work.”
Therefore, the employees cannot ask for overtime.
Source: Compiled by Bassam Za’za’, Legal and Court Correspondent, gulfnews.com
Ask the law questions are answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.