ABU DHABI // Expatriates who lose their jobs and who want to sue their former employers have been warned to proceed carefully.
The Ministry of Interior has told ex-employees that if they fail to adhere to proper legal procedures they could be fined or even deported.
It said that disgruntled workers must first take their complaint to the Ministry of Labour. If that fails to resolve the dispute, then they may file a lawsuit with the courts.
However, it stressed that in filing their legal complaint, they had to secure a letter from the court, which they then had to send to both the Department of Naturalisation and Residency and the Ministry of Labour.
The letter would confirm they have a legitimate case pending with the court and should be entitled to an extension of their residency visa.
Lt Col Rashid al Khadar, the head of the legal affairs department at the Ministry of Interior, said this would allow plaintiffs to remain in the country while awaiting a ruling on their case. Otherwise, they will be considered as being in the country illegally.
Lt Col al Khadar said a worker with a pending case against a former employer could obtain a six-month, temporary work permit from the Ministry of Labour, which could be extended until the court rendered a verdict.
He said if a labour case dragged on for several months, the Ministry of Interior could inform the court it did not object to the employee's visa being transferred to a new sponsor.
"As long as they have genuine cases against their employers, they will have the full support of the ministry," Lt Col al Khadar said.
Typical claims being filed against employers amid the global economic downturn include failure to pay salaries and gratuities, refusal to cancel labour and residence permits, and asking workers to say they had received end-of-service benefits when they had not.
Residency permits are linked to employment and foreign workers are given a month to leave the country when their residence and work permits are cancelled or expire.
"There are so many companies in financial trouble who have terminated the services of their employees without giving them their salaries and end-of-service benefits," said Karunagappally Shamsudeen, an advocate at Al Kabban Advocates and Legal Consultants in Dubai.
"Other companies have been sending their workers on a long or extended leave. If they are outside the country for more than six months, they cannot re-enter the country unless they obtain the necessary approval from the immigration authorities.
"I am currently handling 150 labour cases and seven immigration cases. I have a client who has filed a case against his employer. He received a letter from the clinic, which had closed, that his services were no longer required.
"He is asking for his salary, gratuity and an additional three-month salary as compensation for arbitrary dismissal."
Mr Shamsudeen warned that laid-off workers had to stay in the country to receive their end-of-service benefits, and said it would be difficult for employees to file a complaint once they had signed visa-cancellation forms, as the forms state they had received all their dues from the employer.
He said he had also handled several cases of employers filing false absconding reports and asking the Ministry of Labour to blacklist their workers.
Workers who have bank loans and credit card bills have to settle them before leaving the country, Mr Shamsudeen said, as employers normally notify the banks of contract terminations.
Under immigration laws, people holding expired or cancelled residence visas are fined Dh25 a day for the first six months.
The fine doubles for the next six months to Dh50 a day. They are Dh100 a day for those who have overstayed by more than a year.
People who have illegally stayed in the country after the expiry of their visit visas face a fine of Dh100 a day. But at any point they can be deported on a case-by-case basis.
rruiz@thenational.ae
if you go
The flights
Direct flights from the UAE to the Nepalese capital, Kathmandu, are available with Air Arabia, (www.airarabia.com) Fly Dubai (www.flydubai.com) or Etihad (www.etihad.com) from Dh1,200 return including taxes. The trek described here started from Jomson, but there are many other start and end point variations depending on how you tailor your trek. To get to Jomson from Kathmandu you must first fly to the lake-side resort town of Pokhara with either Buddha Air (www.buddhaair.com) or Yeti Airlines (www.yetiairlines.com). Both charge around US$240 (Dh880) return. From Pokhara there are early morning flights to Jomson with Yeti Airlines or Simrik Airlines (www.simrikairlines.com) for around US$220 (Dh800) return.
The trek
Restricted area permits (US$500 per person) are required for trekking in the Upper Mustang area. The challenging Meso Kanto pass between Tilcho Lake and Jomson should not be attempted by those without a lot of mountain experience and a good support team. An excellent trekking company with good knowledge of Upper Mustang, the Annaurpuna Circuit and Tilcho Lake area and who can help organise a version of the trek described here is the Nepal-UK run Snow Cat Travel (www.snowcattravel.com). Prices vary widely depending on accommodation types and the level of assistance required.
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How to watch Ireland v Pakistan in UAE
When: The one-off Test starts on Friday, May 11
What time: Each day’s play is scheduled to start at 2pm UAE time.
TV: The match will be broadcast on OSN Sports Cricket HD. Subscribers to the channel can also stream the action live on OSN Play.
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Mohammed bin Zayed Majlis
GOLF’S RAHMBO
- 5 wins in 22 months as pro
- Three wins in past 10 starts
- 45 pro starts worldwide: 5 wins, 17 top 5s
- Ranked 551th in world on debut, now No 4 (was No 2 earlier this year)
- 5th player in last 30 years to win 3 European Tour and 2 PGA Tour titles before age 24 (Woods, Garcia, McIlroy, Spieth)
KILLING OF QASSEM SULEIMANI
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Election pledges on migration
CDU: "Now is the time to control the German borders and enforce strict border rejections"
SPD: "Border closures and blanket rejections at internal borders contradict the spirit of a common area of freedom"
Classification of skills
A worker is categorised as skilled by the MOHRE based on nine levels given in the International Standard Classification of Occupations (ISCO) issued by the International Labour Organisation.
A skilled worker would be someone at a professional level (levels 1 – 5) which includes managers, professionals, technicians and associate professionals, clerical support workers, and service and sales workers.
The worker must also have an attested educational certificate higher than secondary or an equivalent certification, and earn a monthly salary of at least Dh4,000.
Gully Boy
Director: Zoya Akhtar
Producer: Excel Entertainment & Tiger Baby
Cast: Ranveer Singh, Alia Bhatt, Kalki Koechlin, Siddhant Chaturvedi
Rating: 4/5 stars
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Dust and sand storms compared
Sand storm
- Particle size: Larger, heavier sand grains
- Visibility: Often dramatic with thick "walls" of sand
- Duration: Short-lived, typically localised
- Travel distance: Limited
- Source: Open desert areas with strong winds
Dust storm
- Particle size: Much finer, lightweight particles
- Visibility: Hazy skies but less intense
- Duration: Can linger for days
- Travel distance: Long-range, up to thousands of kilometres
- Source: Can be carried from distant regions
The Sky Is Pink
Director: Shonali Bose
Cast: Priyanka Chopra Jonas, Farhan Akhtar, Zaira Wasim, Rohit Saraf
Three stars