Reader Mail bag: Experience letter,Sale of Company,Suspension from work etc

Experience letter, Sale of Company, Suspension from work and so on

Date: 28-10-2013 to 30-10-2013

Question 1:

Can I have the right to obtain an experience certificate after I have spent my work period with my employer?

As per the Article 125 of UAE Labour Law, The employer shall provide the employee at the end of his service and at the latter’s request with an end of service certificate free of charge. Said Certificate shall include date of appointment and date of termination, total period of service, nature of work performed by him and his last pay plus allowances, if any. Certificates or diplomas, papers and tools belonging to the employee shall be returned to him.

Yes you have the right to obtain an experience certificate after you have spent your work period with your employer. Upon request from the employee the employer should give the worker a free experience certificate.

Question 2:

I have worked with my employer, but he have sold the establishment for some other person…how can I obtain my work dues?

As per the Article 126 of UAE Labour Law, If any change takes place in the form of the establishment or in its legal status, valid contracts at the time of change shall continue to exist so between the new employer and the employees of the establishment, and service shall be deemed to be continuous. Both the former and the new employers shall jointly be liable for a period of six months for the fulfillment of obligations arising from contracts of employment in the period prior to such change and after the lapse of the said period the new employer shall be solely responsible.

The employees dues shall be continuing even if the establishment was sold to any other person. Both new and old employers shall be jointly responsible for a period of six months. And after this period the new employer should bear the responsibility alone.

Question 3:

I have signed the labour contract…where It was mentioned in the said contract a term which stipulates that after the expiry of my service or during suspension of my work, I should not work with any other competing company for a period of two years?

Refer Article 127 of UAE Labour Law if it was agreed in the labour contract as such then the worker should be bound to do the same and should not work with any competing company all through the period mentioned in the contract provided that:

• A worker should be of 21 years of age when the said contract was concluded.
• If the agreement is limited with respect of place, time and nature of the work to the extent as is necessary to safeguard the lawful interest of business.

Question 4:

I have worked with my employer under a fixed contract for a period of two years, but I didn’t complete the period of my labour contract. Now my employer wants to cancel my labour card with a ban of work for one year in a pretext that I didn’t complete the contract period?

The worker shall be banned from work for one year from the cancellation date if he didn’t complete his fixed period contract…and has ceased working without legal reason…and he shall not have the right to work with other employer during such period.

Question 5:

I have worked with an employer with a contract of unlimited period and I didn’t work for the notice period. Shall the employer have the right to put the ban stamp on my passport?

As per the Article 129 of UAE Labour Law  the employer shall have the right to put ban the stamp if the worker didn’t work for the notice period after resignation , OR if he worked for some days form the notice period and ceased working after that without reason. However, during that period the worker shall not have the right to work for another employer.                                                                                                                                      

Question 6:

Is there any exclusion with regard to the one year ban on the worker if the original employer agreed to cancel the said ban?

As per the Article 130 the worker may be excluded from the provisions of the two Articles No. 128 and 129 with regard to the ban before joining the other work and this shall be through the approval of Minister of labor based on the application of the original employer.