Dubai: A worker who terminates his labour contract for a valid reason
must notify the Ministry of Labour within three months or he will be
banned for a year, according to a new rule.If the worker does not
inform the ministry he will be violating the law even though the work
permit has not expired, the ministerial decision issued by Dr Ali Bin
Abdullah Al Ka'abi , Minister of Labour, on Wednesday stipulates.
Humaid Bin Deemas, assistant undersecretary at the ministry, said
the decision that outlines the rules for working in the country has
been initiated to encourage workers to voice their concerns to the
ministry and help regulate the job market.
"The decision was taken to protect workers' right, solve their
problems, educate them about their rights and create an opportunity to
file their complaints and prevent exploitation," Bin Deemas said.
Expatriates have to notify the ministry if they terminate their
labour contract within three months otherwise they will be violating
the law even though the work permit has not expired, according the
ministerial decision issued by Al Ka'abi on Wednesday.
"We want to encourage workers to legalise their situation and
understand the rules by giving them the opportunity to contact us when
terminating their contracts," said Bin Deemas adding that this will
limit the number of violations.
However, workers who have had their labour contracts terminated due
to violations as per the labour law, a court decision, provoke or take
part in a protest with no valid reason or have a contagious disease
will still get a one-year ban.
The new decision stipulates workers to report their situation to
either the labour relations department or the investigation unit at
the ministry within the three-month period.
Workers who provide valid reasons for terminating their contracts
such as the non-existence of the company, leaving the company due to
assault or for not being paid will have their cases looked into by the
ministry and will be allowed a sponsorship transfer according to the
ministry's regulations.
The ministry of Labour can transfer the sponsorship without the
consent of the sponsor if the ministry finds that the employee was
unfairly treated.
According to the decision, there are a number of situations that
oblige the worker to inform the ministry within three months of
terminating the contract.
They are: Shutting down of or bankruptcy of the establishment in which
he was working; termination of contract based on mutual agreement;
resignation; when leaving the job because the employer did not fulfil
his commitments as stated in the contract or if the employer had
assaulted him and terminating of contract during the probation period.
The decision also targets 'bogus' establishments and workers who
help them flourish, said Bin Deemas.
Permits can be cancelled in sponsor's absence
The Ministry of Labour can cancel work permits without the presence
of the sponsor, according to the new ministerial decision.
According to the decision, a worker can approach the ministry,
wanting to cancel his work permit. The ministry will then notify the
sponsor and if he does not come to the ministry within a week, the
ministry will cancel the permit.
If the sponsor objects to the cancellation, but does not have a valid
reason, the ministry will cancel it. The worker is not obliged to pay
any cancellation charges if he wishes to return to his home country.