I came here three years ago to work for a company in Jebel Ali Free Zone and was promised medical insurance that never materialised. We were also promised housing, which only applied in the first year as staff members took out a personal loan that we had to repay. Like others, I had to take a bank loan but then the company did not pay us for four months on the first occasion, then for five months on a second. Now, some people are living in the factory, some with friends. The banks want to put the staff members in jail for non-payment of loans. I’ve been to Jafza to complain and was told by a representative that he knows our sponsor and we have to make a court case. The court case will take up to six months and, once the case is lodged, the company will cancel our visas, they said. This may just be to scare us to prevent us from going ahead with the complaint. I then went to the Ministry of Labour and they told me I have to go to Jafza. I have found another job in Al Ain but I don’t know how to get my visa terminated without risking my outstanding salary and end-of-service dues. What can I do? Is there any legal action we can take without having to incur any expenses?
You first have to file a complaint before Jafza’s legal affairs office to protect your rights (as labour dues only stand for one year) then that office will transfer the complaint to a labour office in Dubai, which will provide you with a letter to submit to court to file a case and claim what is due to you. Upon filing the case, you should also apply to the labour office for permission to work, so you can take up the new job. Alternatively, you could terminate your visa and then claim your rights but if you do this, do not sign a release letter for the amount due to you. As for the cost of legal action – all labour cases are free in court and there is no fee for filing a case.
I have been told by my company's human resources department that our organisation is not subject to UAE labour law as it is a government entity. I was surprised about this but in reading some documents I see that public bodies are instead dealt with under UAE Civil Service Law (2006). However, despite many efforts I could not find any document by that name or any guidelines. Can you please advise me if there is an actual document called the Civil Service Law or, alternatively, where I might have access to the conditions that govern employment for civil workers?
Please ask your HR department to provide you with a copy of that law and it would be wise to also review your agreement with your organisation. It’s important to note, however, that there are many governmental entities in the UAE and they each have rules and regulations that protect the rights of its employees and regulate the obligations and duties of the organisation.
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