# Salary not paid for two months, visa not issued.



## Catalin_a (Dec 19, 2016)

Dear all, I have a complicated problem and I need some advices if you are kind enough to provide.

On the 18th of november 2016 I have signed a employment contract with a company registred in Jebel Ali freezone. The starting date of the contract is 1st of january 2017. I am from Romania and according to my contract me and my family sould be relocated to Dubai. From January I am waiting at home in Romania for a visa to come to Dubai and fulfill my contract obligations but company say that visa is taking to much time and that I should come to Dubai on a tourist visa and apply for a resident visa once I arive in Dubai.
As I lose confidence in this company, I want to terminate the contract but I whant to get paid for the months january and february. 
I quit my ather job so I can move to Dubai, my whife quit her job so she can move to Dubai, I pull my kid out of kindergarden so he can come with us in Dubai, I lost alot of time and money in this and I whant to know if I can ask for months january and february salary and quit.

Thank you very much for your help.


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## ThunderCat (Oct 28, 2015)

That will never happen.


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## Catalin_a (Dec 19, 2016)

ThunderCat said:


> That will never happen.


What can I do then ? should I come to Dubai on a tourist visa and work with them for month March ? in the contract say that first three months are probation but after that they need to give me notice three months. So on 1st of april the three months probation period are over and if they whant to let me go they need to give me three months notice. I can come there, work for the month march and then just act like an ass so they fire me?


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## twowheelsgood (Feb 21, 2013)

Your contract is unlikely to ever start until your have a Work permit.

Your contract isnt a Work permit.


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## Catalin_a (Dec 19, 2016)

twowheelsgood said:


> Your contract is unlikely to ever start until your have a Work permit.
> 
> Your contract isnt a Work permit.


OK, so what is a contract ? nobody is liable when a contract is signed ? then what is the purpose of it ?


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## Catalin_a (Dec 19, 2016)

To make it more clear, on paragraph 12 of contract it say:

The present Employment contract shall come into force on 01 January 2017.


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## ThunderCat (Oct 28, 2015)

I am not sure what you signed but it should be an offer letter not a contract.

A UAE labor contract is only issued and signed once you land in the UAE (on an employment visa). It usually starts on the day you land even if it wasn't your first day of work.

I see you are under the impression that your (contract) is in force and you are currently working for them. This is not true.


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## Stevesolar (Dec 21, 2012)

Hi,
Sorry to tell you - but that "contract" is not worth the paper it is printed on.
Right at the start there is a problem - UAE labour contracts are either two year fixed or unlimited - no such thing as a 1 year contract.
Until you actually work for a company here, under their visa and sponsorship - the Ministry of labour will not entertain any labour or contract complaints/disputes.
As you don't yet officially work for this company - they don't owe you a dirham.
Best of luck
Steve


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## Reddiva (Feb 24, 2016)

What Steve says. Unless you have an employment visa and are working at the firm you are not entitled to a dirham.


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## Catalin_a (Dec 19, 2016)

ok, so deception is not grounded ? I have been misslead... man I am starting to be happy that I actualy find out now and not later.


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## Stevesolar (Dec 21, 2012)

Hi,
Use google to find and download a PDF copy of the official UAE labour law.
Then compare your "contract" with the equivalent sections in the official labour law.
You will then notice plenty of discrepancies - in many of the sections including contract length, holidays, sickness, probations, termination etc.
I doubt any sane person would like to work under that "contract"
Best of luck
Steve


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## Catalin_a (Dec 19, 2016)

Stevesolar said:


> Hi,
> Use google to find and download a PDF copy of the official UAE labour law.
> Then compare your "contract" with the equivalent sections in the official labour law.
> You will then notice plenty of discrepancies - in many of the sections including contract length, holidays, sickness, probations, termination etc.
> ...


OK, I am liable for the discrepancies or the employer ? I am liable for not knowing the UAE labour law ? or the person who is hiring on a daily basis and type the employment contract ?


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## Catalin_a (Dec 19, 2016)

Stevesolar said:


> UAE labour contracts are either two year fixed or unlimited - no such thing as a 1 year contract.


I did not find such in any law, it is said that is RECOMENDED not imposed (I am refering to the two year duration)


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## Stevesolar (Dec 21, 2012)

Catalin_a said:


> OK, I am liable for the discrepancies or the employer ? I am liable for not knowing the UAE labour law ? or the person who is hiring on a daily basis and type the employment contract ?


Hi,
You are responsible for what you signed - but you also need to ensure that any contract is not breaking any local laws.
If I were moving my family half way across the world - I would do some due diligence to learn local laws and customs - especially labour law, residency, medical insurance cover, holidays, sickness and termination
I would also do some research on the company that I intended to work for (Glassdoor, Google etc.).
Other important points are already mentioned in previous posts, above.
Best of luck
Steve


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## Stevesolar (Dec 21, 2012)

Catalin_a said:


> I did not find such in any law, it is said that is RECOMENDED not imposed (I am refering to the two year duration)


Residency visas for private companies are for two years and for government employees they are renewed every three years.


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## Catalin_a (Dec 19, 2016)

Thank you all for reply and help  I am in the process of terminating my contract and... neved sign again without double checking. I did my mistakes for taking this to lightly. Since I have no job and lots of time available, I will fight them and expose how they recrut me and how I lost money so that maybe I can help others.


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## sghkdub (Aug 5, 2016)

Why is there so much of this stuff happens here. Dubai seems like Naivete Central sometimes.


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## twowheelsgood (Feb 21, 2013)

sghkdub said:


> Why is there so much of this stuff happens here.


Because people from the West, assume that all the protection they are afforded by the Law there, applies here.

This isnt Europe as I have to remind my HR colleagues when they try to make me do things I do not have to do here (like diversity analysis), and then I remind them I am on a local contract so I get 2 hours off per day during Ramadan by Law.


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## Catalin_a (Dec 19, 2016)

I quess good people tent to believe that all people are good


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## twowheelsgood (Feb 21, 2013)

Gullible people tend to believe all people are good.

And some people will believe anything.


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## Stevesolar (Dec 21, 2012)

Catalin_a said:


> Thank you all for reply and help  I am in the process of terminating my contract and... neved sign again without double checking. I did my mistakes for taking this to lightly. Since I have no job and lots of time available, I will fight them and expose how they recrut me and how I lost money so that maybe I can help others.


Hi,
Again, I urge you to quickly learn about UAE laws - most especially the UAE cyber laws.
It is against the law to bad mouth companies and individuals in the UAE - so you must not mention the company name on this forum or other blogs, sites etc.
This is especially important if you ever want to come and live here, in the future.
If you named and shamed the company - they could open a police case against you and you would be arrested at the airport as you tried to enter the UAE.
Best of luck
Steve


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## Catalin_a (Dec 19, 2016)

Stevesolar said:


> Hi,
> Sorry to tell you - but that "contract" is not worth the paper it is printed on.
> Right at the start there is a problem - UAE labour contracts are either two year fixed or unlimited - no such thing as a 1 year contract.
> Until you actually work for a company here, under their visa and sponsorship - the Ministry of labour will not entertain any labour or contract complaints/disputes.
> ...





Stevesolar said:


> Hi,
> Again, I urge you to quickly learn about UAE laws - most especially the UAE cyber laws.
> It is against the law to bad mouth companies and individuals in the UAE - so you must not mention the company name on this forum or other blogs, sites etc.
> This is especially important if you ever want to come and live here, in the future.
> ...


Thank you very much for the heads up  ...no, I have no intention of comming back again in UAE after this fail, and yes, I will mention company's name, not yet though.


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## Catalin_a (Dec 19, 2016)

twowheelsgood said:


> Gullible people tend to believe all people are good.
> 
> And some people will believe anything.


It makes sense, lets punish the one who did not pay attention on the labour legislation in the foreign country in witch he is going, we will protect ower missleading marketing, this is how we make the big bucks.
...I've always thought that cyclist have good morals... nevermind.


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## xabiaxica (Jun 23, 2009)

Catalin_a said:


> Thank you very much for the heads up  ...no, I have no intention of comming back again in UAE after this fail, and yes, *I will mention company's name*, not yet though.


Please don't do so on this forum. Apart from being against local Dubai laws, it's also against forum rules.


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## Catalin_a (Dec 19, 2016)

xabiachica said:


> Please don't do so on this forum. Apart from being against local Dubai laws, it's also against forum rules.


I am not going to do that, thank you for telling me.

So... it is against the UAE law to "bad mouth" a company (international company that is)... a negative company review is considered "bad mouth" ... a review on linkedin can get you in prison ? ...where is the line ?  just out of curiosity...


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## twowheelsgood (Feb 21, 2013)

Catalin_a said:


> It makes sense, lets punish the one who did not pay attention on the labour legislation in the foreign country in witch he is going.


Ignorance of the Law is no excuse for not following it. You've got to be pretty stupid to change your whole life on the basisi of two pieces of paper and no research at all. Its not punishment, but the consequence of lack of thinking on one parties part.

Cyclists are just normal people except we have to put up with people who are unthinking and careless.


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## Stevesolar (Dec 21, 2012)

Catalin_a said:


> I am not going to do that, thank you for telling me.
> 
> So... it is against the UAE law to "bad mouth" a company (international company that is)... a negative company review is considered "bad mouth" ... a review on linkedin can get you in prison ? ...where is the line ?  just out of curiosity...


Hi,
Here are a few examples of court cases in UAE that arose from negative comments on social media:-

Man arrested in Dubai for inappropriate comments on Indian gold firm’s Facebook page | The National

Man who insulted UAE on social media gets three-year jail term | The National

Deported Australian woman ‘insulted’ UAE car owner | The National


Honestly - it's taken very seriously here.
Cheers
Steve


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## Catalin_a (Dec 19, 2016)

Stevesolar said:


> Hi,
> Here are a few examples of court cases in UAE that arose from negative comments on social media:-
> 
> Man arrested in Dubai for inappropriate comments on Indian gold firm’s Facebook page | The National
> ...


wow  thank you for the shared informations, i had no ideea how bad this is


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## Catalin_a (Dec 19, 2016)

twowheelsgood said:


> Ignorance of the Law is no excuse for not following it. You've got to be pretty stupid to change your whole life on the basisi of two pieces of paper and no research at all. Its not punishment, but the consequence of lack of thinking on one parties part.
> 
> Cyclists are just normal people except we have to put up with people who are unthinking and careless.


Did you felt any better after you insulted me ?
I wish you well anyways, I am sorry if was misunderstood, English is not my first language.

Thank you all for usefull informations shared 

sincerely yours
Stupid Catalin_a


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## Mambo21 (Mar 19, 2016)

Catalin_a said:


> wow  thank you for the shared informations, i had no ideea how bad this is




Again, like what others have said before, it's not difficult to do some research before deciding on your course of action.


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## Byja (Mar 3, 2013)

Catalin, what exactly did the company do so that you've lost confidence in it, apart from visa issue (and make sure you avoid naming and shaming)?
Furthermore, if your job is of field engineer/surpervisor type, what exactly did you do while still being in home country that you demand your salary for?
In the end, it might be even better that you never came here on that salary.


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## Catalin_a (Dec 19, 2016)

Byja said:


> Catalin, what exactly did the company do so that you've lost confidence in it, apart from visa issue (and make sure you avoid naming and shaming)?
> Furthermore, if your job is of field engineer/surpervisor type, what exactly did you do while still being in home country that you demand your salary for?
> In the end, it might be even better that you never came here on that salary.


Well... they new from november 2016 that I will be relocated to Dubai for this job startting from 1st of January, from november!!! now is mid february and... no visa.
Then they say... that I should come on a tourist visa over there and apply for a work permit when I am inside UAE. Well... this means that for a couple of weeks, months ? I will have a tourist statute, this means I can not legaly work, this means I will not get money. They asked for my passport 1 week ago!!!!!
This are just a few reasons that I believe that this company is not serious.

I wanted to come there not for the money, only for the experience.


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## TallyHo (Aug 21, 2011)

Most people do come in on a tourist visa, which is converted into an employment visa quite quickly. Some companies do take longer. I won't claim it's ideal but it's not uncommon.

Bjya asked you what your other concerns were besides the visa issue, and it seems like it's mostly that the company gave you an official start date in early January but since then they've been blowing you off. That is of concern, more so than the visa issue itself. You are right, you had good faith in the company and resigned from your job and made the preparations to begin the move to Dubai. And now this has happened.

If the company has not given you a good answer beyond that it's taking a long time for the visa, then it's wise to walk away. It implies structural flaws in the company's management as well as potential concerns with current projects. I'm sorry you had to go through this experience.

Since you have already resigned from your job, you might as well go ahead and come to Dubai as the company suggested and see what happens? You have nothing to lose. I imagine they're putting you up in temporary accommodations? Keep the wife and child in Romania until you're confident the job will work out.


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## rsinner (Feb 3, 2009)

TallyHo said:


> Most people do come in on a tourist visa, which is converted into an employment visa quite quickly. Some companies do take longer. I won't claim it's ideal but it's not uncommon.
> 
> Bjya asked you what your other concerns were besides the visa issue, and it seems like it's mostly that the company gave you an official start date in early January but since then they've been blowing you off. That is of concern, more so than the visa issue itself. You are right, you had good faith in the company and resigned from your job and made the preparations to begin the move to Dubai. And now this has happened.
> 
> ...


I am with TallyHo and Byja in this one. What seems strange to the OP (3 months for a visa including the holiday period) is not strange at all. The ocmpany may have an inefficient HR/PRO department, may have filed for the visa only in December or January, and then they might have realised that they do not have the labour quota etc. There can be a number of reasons. 

What they are suggesting (coming on a tourist visa and then applying here) is also not uncommon. You don't have much to lose.

However, what others have been saying, that you do not have much of a legal standing to claim salary from January. Discuss with the employer, but they do not look the kind who will give this (I note the 15 working day paid holiday in the year, which is less than the labour standard). While the visa itself is 2 years, the employer has a one year contract which means they will put you on a limited contract for one year or an unlimited contract (with the explicit understanding that the contract will be terminated in one year). 

None of this seems underhand to me, but reeks of an inefficient and cheap organisation. Also, the benefits are generally commensurate with the role and seniority, so nothing out of the ordinary.


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## Catalin_a (Dec 19, 2016)

TallyHo said:


> Most people do come in on a tourist visa, which is converted into an employment visa quite quickly. Some companies do take longer. I won't claim it's ideal but it's not uncommon.
> 
> Bjya asked you what your other concerns were besides the visa issue, and it seems like it's mostly that the company gave you an official start date in early January but since then they've been blowing you off. That is of concern, more so than the visa issue itself. You are right, you had good faith in the company and resigned from your job and made the preparations to begin the move to Dubai. And now this has happened.
> 
> ...


Thank you very much... I am happy to see that you understand my concerns and not just bashing me for how stupid I am. I do understand the mistakes i've made and have a more clear image of what should I have done.
Company in the early discusions said that they will pay for accomodation for the first few weeks until I can find my own place. Then (after a month) they said... that I need to pay for accomodation from the start... and so on, this is another triger for my suspicion.


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## rsinner (Feb 3, 2009)

Catalin_a said:


> Company in the early discusions said that they will pay for accomodation for the first few weeks until I can find my own place. Then (after a month) they said... that I need to pay for accomodation from the start... and so on, this is another triger for my suspicion.


For most people I know, company arranges accommodation BUT deducts (or does not pay) housing allowance for that period. Nothing out of the ordinary


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## Catalin_a (Dec 19, 2016)

rsinner said:


> For most people I know, company arranges accommodation BUT deducts (or does not pay) housing allowance for that period. Nothing out of the ordinary


They said they will pay, and after one month, they said NO, this is not out of ordinary ?


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## rsinner (Feb 3, 2009)

Catalin_a said:


> They said they will pay, and after one month, they said NO, this is not out of ordinary ?


To be honest, in my 9th year here, no level of incompetence strikes me as extraordinary! 
They may have offered this to you, then realised that this is not part of policy and/or think that it is "too generous" so rolling it back.

All the best in any case!


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## Catalin_a (Dec 19, 2016)

Thank you rsinner, you are probably right, I will not accept such behavior and I will terminate the contract this week, just waiting for a few things.
Anyways... I will try to take advantage of this situation and enjoy some quality time with the family


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## BedouGirl (Sep 15, 2011)

Thank goodness you didn't come, it may all have been much, much worse. The one thing that did occur to me is that there is a new law here that says that once an offer letter is signed by both parties, it is legally binding. You can do some research on this yourself and decide whether it's worth approaching the Free Zone Authority to report the company's conduct.


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## Catalin_a (Dec 19, 2016)

BedouGirl said:


> Thank goodness you didn't come, it may all have been much, much worse.


Thank you for the heads-up  but can you please elaborate ?


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## BedouGirl (Sep 15, 2011)

Catalin_a said:


> Thank you for the heads-up  but can you please elaborate ?




Uprooting your family of course.


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## TallyHo (Aug 21, 2011)

You and the family come out. You start working. But there's still delays to getting your visa, so you can't open bank accounts. Your wife and child have to do visa runs. You're spending a lot of money on hire cars and food. After a month in the temporary accommodation you need to move out, so you find a studio for rent on a monthly basis in Discovery Gardens and take it. Then the company is late with your first month's salary. They eventually pay it in cash, as you don't have a visa and no local bank account. Another month goes by. Still no visa. Then the salary isn't paid on time once more. A few weeks go by and you're still not being paid nor do you have a visa and your expenditures are still very high, with the rental car and the studio. Your wife and child are increasingly bored in the studio, and you can't afford to go out and do anything. Your savings are rapidly disappearing. 

You start asking the manager why your salary isn't being paid and where your visa is. After three months (end of probation period), manager brings you in and says that they don't think you're a good 'fit' and as such your employment is terminated. They offer to pay half the salary owed to you, using some excuse not to pay the rest. They won't offer to pay for flights back home.

Yes, this kind of crap happens. Too often, sadly.



Catalin_a said:


> Thank you for the heads-up  but can you please elaborate ?


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## ThunderCat (Oct 28, 2015)

Catalin_a said:


> Thank you rsinner, you are probably right, I will not accept such behavior and I will terminate the contract this week, just waiting for a few things.
> Anyways... I will try to take advantage of this situation and enjoy some quality time with the family


Just curious, which contract exactly are you going to terminate ?


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## Catalin_a (Dec 19, 2016)

ThunderCat said:


> Just curious, which contract exactly are you going to terminate ?


Employment contract


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## Catalin_a (Dec 19, 2016)

BedouGirl said:


> Uprooting your family of course.


I do not understand, I am sory but my English is not very good... learning every day


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## ThunderCat (Oct 28, 2015)

Catalin_a said:


> Employment contract


Good idea, but you don't have one still.


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## Stef.an (Feb 15, 2017)

This event is very unfortunate for you. Hope you'll be able to get that


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## Mr Rossi (May 16, 2009)

twowheelsgood said:


> Gullible people tend to believe all people are good.
> And some people will believe anything.


One day you'll fall on your @rse. And when it does think of me laughing for days on end.


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