# Advice please!!! Long thread, but please read!!!! ;-)



## affiekaap (Aug 13, 2013)

HELOOO ALL!!!

Ok, I need advice please, I really have no idea what to do.

Long story short:

Was hired by a photography company as a photographer in April this year, the probation salary was AED 4500 for the first 3 months and then my salary would have been between AED 7 - 10K, which was ok for me as I wanted to get out of the Hospitality industry.

1st month came and gone and I received a cash payment of AED 3000 with an offer letter stating this will be my salary for the next 3 months, I approached the manager (owners daughter) and she blew me off and said that the 4500 was not what we discussed, and we will see later on if she can bump it up. Obviously I was not a happy camper about this, but stayed on for (then agreed) AED 3500 for the next 2 months left of my probation then I would receive AED 7 - 10K. 

I did sign the offer letter for that amount, I wasn't strapped for cash then. My salary was always paid in late (always after the 5th of the new month) and remember I am not receiving housing, medical or anything else for that matter only the AED 3500!!!!

Then she made me do admin in the office, customer service calling and paperwork and accounts, which seriously guys is not my strong point as im a photographer and was hired for that, anyway nevertheless, I did the lousy admin and accounts also.

Month 2, I discovered that we were behind almost 2 years with our wedding albums (we do the photography coverage and album printing for the brides), can you imagine having to wait 2 years for your wedding album, o my hat.

I asked numerous times for a contract, and was blown off every time by the PA and manager, Ramadan came and she said it would be good if I take my annual leave now as it's quiet and she would need me the rest of the year, so I took 10 days and went back home for 10 days (flights paid by me). She also said to me that my probation period is coming to an end and I asked her again for my contract, she said it would be given after my leave with my agreed salary of 7K. 

On my return at the end of July, I still only received AED 3500 and she blew me off regarding the contract or salary increase. She also had an excuse that my work was terrible and that she will be extending the Probation period (NOTHING WAS EVER GIVEN ON PAPER, I had asked for paper written, but was never given)

So I resigned a few days ago without notice, as the UAE 120 section said I can if employer doesn't pay me on time.

Now this chick has gone to the labor department and issued a complaint against me (not sure, received the sms this morning)

What should I do? I know I will definitely have to go to MOL to lay a case against her for paying me late each month. 

PS my next step is to open a company in a free zone, will I have problems with it?

Any advice will help


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## dizzyizzy (Mar 30, 2008)

What was your visa situation while working for them? Did they give you a visa?

You'll need to go to the MOL appointment and see what's that about, but from what you mention sounds like you've got a case on them too for the delayed salaries, the fact that you were not given a contract, were given tasks not included on the job description, etc.


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## affiekaap (Aug 13, 2013)

Hi

I have residency in my passport for 2 years, no contract though, I do not like the fact that there is a complaint against me, I do not want it to influence my free zone company.

However I did not receive or even applied for a labor card


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## dizzyizzy (Mar 30, 2008)

The labour card should've been given to you by them, so that's another rule broken (by them).

Did they ask for your passport to cancel your visa when you handed out your resignation?


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## dizzyizzy (Mar 30, 2008)

Sorry, I should've asked this first - is your visa sponsored by your (now ex) employer?


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## affiekaap (Aug 13, 2013)

Yes they have my passport as they needed it for the cancelation and my sponsor is through the company (not a free zone)


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## dizzyizzy (Mar 30, 2008)

OK, I was asking because I can't really understand that is it that they could be complaining about (and I still don't, lol)

They can't complain about you absconding since they are cancelling your visa already.

They should not complain about you leaving before your contract expires, since you don't even have one.

Sorry I'm not being very helpful but I really can't think of anything else right now.

Perhaps they want you to pay back visa expenses? But that should've been agreed on a contract - again, you don't have one.

I think the best you can do tomorrow is to show up to the MOL appointment with a copy of the intial offer letter that states your job description and explain you were given tasks beyond your job scope. Also tell the MOL officer you were never given a contract or a labor card despite asking for it numerous times. Finally, bring copies of your bank statements or any email correspondence (if you have it) as proof of the delayed salaries. 

I've no idea what this woman is on about but I guess you'll find out tomorrow.

Not sure you can still open a case about the delayed salaries since you've already resigned but at least you can prove you were not getting your salary on time to justify your resignation and hopefully avoid being liable for any visa expenses etc. 

Your strongest point here is that you were not given a contract or a labor card so make sure you state that. 

However I'm wondering how were they able to get you a visa without a contract? Something's fishy here. Very odd.


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## affiekaap (Aug 13, 2013)

hey dizzyizzy

I know right, super dodgy, nothing on paper, and received my salary via cash only.....

I don't mind paying back what it her to employ me, but eish, dodgy dodgy dodgy ek se

I am going to MOL tomoro morning to see what this chick is up to, 

thank you for your replies, didn't think anyone would.

I am not in the wrong here, but obviously this not being my country I do not want to step on any toes!

x


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## dizzyizzy (Mar 30, 2008)

I'm very curious now, lol

Can you go here and see if you can find your contract?

Ministry Of Labour - Home


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## dizzyizzy (Mar 30, 2008)

Sometimes the offer letter is used to process the visa, perhaps that's what they did. That woudl explain why you don't have a contract.


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## earthworm88 (Jun 14, 2013)

Your ex company aka lady boss sounded dishonest from the get go. However, if you don't have any paper trails of the wrongs she had done you, chances are you won't have much to stand on as it's her words against yours. Keep in mind though that by law, regardless of whether it is a voluntary or involuntary resignation, you are not liable for any visa expenses. Do you still have the previous correspondence regarding the initial agreement on your salary package, or was that all done verbally? In this part of the world, black and white is so crucial, it's not everything and it may not help in some cases, but at least it's something tangible to back you up. I would say be prepared for the worst case scenario. She might make the case to complain that you are just a useless lying employee wasting her money and you have got nothing to prove her wrongdoing. 

Sorry you are going through this. I have heard from so many people who were being taken advantage of by the unscrupulous employers, either they didn't know it or couldn't do anything about it. Best of luck to you!


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## affiekaap (Aug 13, 2013)

Hi Izzy

I found a copy of my Labour Card Information Request but I never signed anything for it and thats all that was on there, no contract ect, i'll hear what they say tomorrow, will post info! ;-)


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## dizzyizzy (Mar 30, 2008)

Good luck, keep us posted


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## affiekaap (Aug 13, 2013)

hey, went to the MOL today and they told me that she laid a complaint against me for:

1 Not answering my phone (she called me at like 11h00 at night and then again early the morning around 08h00, I was sleeping. 

2 Not giving Notice

3 Application for labor ban to be put on me for leaving

I have an appointment on Sunday morning at MOL with employer, I really am not looking forward to that, I am not good in situations like this because I really don't like confrontations, and am so scared that they take her side even if she's in the wrong here.


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## Canuck_Sens (Nov 16, 2010)

affiekaap said:


> hey, went to the MOL today and they told me that she laid a complaint against me for:
> 
> 1 Not answering my phone (she called me at like 11h00 at night and then again early the morning around 08h00, I was sleeping.
> 
> ...


I am sorry for having read this now. Did you file any complaint against her company? I am afraid they might just go over her complaints. There are several wrongdoings from her end. Can you call MOL and explain the whole thing and ask for advice ? It would be better


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## dizzyizzy (Mar 30, 2008)

affiekaap said:


> hey, went to the MOL today and they told me that she laid a complaint against me for:
> 
> 1 Not answering my phone (she called me at like 11h00 at night and then again early the morning around 08h00, I was sleeping.
> 
> ...


did you tell them about the delayed salaries, etc?

I wouldn't worry much about the ban, since you said you want to open your own free zone company so MOL bans don't apply there.


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## affiekaap (Aug 13, 2013)

Hi Canuc and Izzy

(guys seriously thank you for your replies, nice to hear your opinions)

When I went to the MOL I explained the whole situation to the lady I spoke to and she genuinely was interested in what i had to say, she said that when I come on Sunday I must just bring all my proof (salary slips with late payments on them etc) to the meeting and tell them everything I have just told her. 

OMGosh, I am so nervous!!!! my tummy is turning. It is so unfair that I worked so hard for little money and now she goes and does this... and she is brilliant in making people believe what she says (I was one of them, I mean she had me convinced that I would be earning more)

x


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## earthworm88 (Jun 14, 2013)

affiekaap said:


> hey, went to the MOL today and they told me that she laid a complaint against me for:
> 
> 1 Not answering my phone (she called me at like 11h00 at night and then again early the morning around 08h00, I was sleeping.
> 
> ...


So sorry you have to go through this whole ordeal while it is not even your fault. But it comes as no surprise considering what you had posted so far and I am actually relieved she is not making up even nastier stuff to suit her purpose.

Please make sure you write a detail list of the complaints you want to make against her ie the wrong doings she had committed to date. This way, you won't lose your thought when you feel intimated during the meeting. Would you be able to find phone records of her calling you at late nights or early mornings? ie let's say if she just recently called, try to take a photo of that call log on your phone if you still have it. Stand your ground, try your best, stay calm, and don't be intimated. 

Best of luck on Sunday!


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## Canuck_Sens (Nov 16, 2010)

affiekaap said:


> Hi Canuc and Izzy
> 
> (guys seriously thank you for your replies, nice to hear your opinions)
> 
> ...


Yes MOL is pretty much asking for proof which you should be able to do. Did you find your contract ? You said you did not have any, is that right ? Did you sign any paper without reading ?

Is there a possibility that you do have a contract without your knowledge ?

Be prepared to argue. Emotion wont work here, but FACTS (backed up facts!)

As the previous poster suggested take time to think thoroughly about it. The time line is important


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## Mr Rossi (May 16, 2009)

The best of luck for Sunday, remember your ex boss is a bully who is taking advantage of your ignorance and situation. As she can't physically hurt you, then she can't actually do anything to you and therefore you have nothing to fear.

My guess is she probably won't even show up.


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## vantage (May 10, 2012)

Assuming you do not speak Arabic?
If the MOL person, or your employer speak in Arabic at all, ask, politely, for all conversation to be in English.
If she is talking about you in Arabic, you will have no idea what she is saying.


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## affiekaap (Aug 13, 2013)

Thanks for the advice guys

The only letter I signed was the offer letter she gave to me a month after I started that states my probation period of 3 months and the amount (which wasn't what she promised, but I was ok with that for 3 months) and a letter of "increment" I think it is (but she signed it not me also with an amount on it once again not agreed in the beginning but 2000 less than agreed price.

I have her calls recorded on my phone so she can't say I never returned her calls, but this I will pull out when she is really pulling dirty

Her complaints are really silly, but will word down a proper reply to them, I will write a list down in case I forget or feel pressured but I will focus on:

Late Payments
No Contract
Pay not agreed on (I have no proof of this though, but will stand my ground with it.

I am a reasonable person and just want to come to a mutual understanding for her to give me the NOC and if so I will pay her what I need to.


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## earthworm88 (Jun 14, 2013)

affiekaap said:


> I am a reasonable person and just want to come to a mutual understanding for her to give me the NOC and if so I will pay her what I need to.


Just remember, you don't owe her anything! She should be the one to :yield: 

Good luck!


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## affiekaap (Aug 13, 2013)

Hi all!!!

I'm carrying on with this post in case someone will be going through this sometime.

So this morning was my appointment with MOL, got there around 08h30 for my 9am appointment, my ex employer only rocks up there at 11h00??? So around 12h00 my bos and her mother (owner of company) goes and talks to this lady for quite a while, I get called around 12h15 and this chick at MOL didn't really want to hear what I had to say (and I've been practicing in front of the mirror for like 4 days - ;-)) 

She grabs a contract which wasn't signed by me and said this is my contract, I literally only got about 2 sentences in, she completely dismissed the late payments and amount.

However without my signature on the contract I am not liable to pay anything back to her, however I have received a 1 year ban ( O MY HAT - IS THIS A FOREVER BAN???) and my visa will be cancelled this week. Also I have to issue a flight ticket and my passport will only be given to me at the airport as per the lady at MOL ( IS THIS LEGAL???). I'm not sure if I will be able to open a company in a free zone now, could I do it with a ban on my name??

Seriously, this was worse than the dentist, I burst out in tears on my way to the car (MOL made me feel like a thief and a slimebag)

ADVISE PLEASE!!!


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## dizzyizzy (Mar 30, 2008)

affiekaap said:


> Hi all!!!
> 
> I'm carrying on with this post in case someone will be going through this sometime.
> 
> ...


Hi,

Sorry to hear about this, although the outcome is somewhat predictable, regarding the ban. 

I've never heard about forcing people out of the country in such a way but I guess it makes sense. 

I think you will still be able to open your own company on a free zone but I'd touch bases with them first. Search for the numerous threads regarding free zones, from what I've read here sounds like VirtuZone (RAK free zone) would work for you. Call them and ask regarding the ban? It shouldn't affect you as far as I know, bans only apply when moving between LLC's.

Hope you're less stressed now, I'm surprised to hear MOL wasn't more lenient with you given the fact that it was proven that you did not have a signed contract!


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## earthworm88 (Jun 14, 2013)

affiekaap said:


> Hi all!!!
> 
> I'm carrying on with this post in case someone will be going through this sometime.
> 
> ...


I am so sorry of the injustice of it all. This is an example of "guilty until proven innocent" except that they don't even care to hear your side of the story before making a judgment. I don't have any advice but I hope someone here can share if there is a way to appeal or shed some light on whether filing a complaint against your ex employer is still possible at this stage. Let's see what others' suggestions of action may be. 

Keep your chin up! *hugs*


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## affiekaap (Aug 13, 2013)

Hi 

I know right, This whole affair has just made me feel drained. They really made me feel like crapppp and if I was the bad guy, I had all my proof and call recordings, but she wouldn't have it. Perhaps I should go speak to someone else?

I really hope I can still open the company, it will be really a bummer to go back home and have this experience. I called the free zone and they say we might be able to issue it with a copy of my passport and the cancellation letter, but it's not a sure thing as they need my passport.

Thanks


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## affiekaap (Aug 13, 2013)

By the way after my visa cancellation does anyone know how long I have to leave the country with a ban on my name, or if I don't have to?

Thank you


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## earthworm88 (Jun 14, 2013)

affiekaap said:


> By the way after my visa cancellation does anyone know how long I have to leave the country with a ban on my name, or if I don't have to?
> 
> Thank you


The general rule of thumb is once the visa is officially canceled, you have 30 days grace period to leave, after which, you will be fined 25 dhs a day (I was fined 140 for a day, not sure how the officer did the math!)


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## dizzyizzy (Mar 30, 2008)

Call the DNRD and ask but I would imagine you have to exit the country because your visa has been cancelled, and then come back on a new visa.


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## TallyHo (Aug 21, 2011)

Just curious - 

Is your boss/owner of the company Emirati? Wasta of some type may have come into play here from the way you were treated by MOL.


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## affiekaap (Aug 13, 2013)

Hi TallyHo

No she is Iranian, she never wears her abaya, but she did this morning, and she grew up here so speaks the language (easy for them to assume she is from here)


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## lordaragon (Jul 4, 2013)

affiekaap said:


> Hi TallyHo
> 
> No she is Iranian, she never wears her abaya, but she did this morning, and she grew up here so speaks the language (easy for them to assume she is from here)


Thanks for sharing your experience affiekaap - sympathize with your situation. I hope your free zone plan works well. Makes some of us, who are at the edge of moving in to the country, wonder if it is all worth it...


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## affiekaap (Aug 13, 2013)

TallyHo, I'm just having a bad experience, just do your homework and get everything on paper. Sure I'll be ok, worse case scenario is I go back home. What a waste of time.


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## saraswat (Apr 28, 2012)

affiekaap said:


> However without my signature on the contract I am not liable to pay anything back to her, however I have received a 1 year ban ( O MY HAT - IS THIS A FOREVER BAN???)


No it is just the period of a calendar year from the date of imposition of the ban. It also a labor specific ban, meaning you are barred from getting another mainland employment visa for that period of time. Residence, visit and freezone-employment visa's are not affected. 



affiekaap said:


> and my visa will be cancelled this week. Also I have to issue a flight ticket and my passport will only be given to me at the airport as per the lady at MOL ( IS THIS LEGAL???).


Unfortunately it is. If the employer so chooses, they follow the procedure you have detailed. It is to make sure you do infact leave the country upon cancellation, as the employer is still liable in case you do not. Also this almost always happens when the situation between employee-employer is less than ideal, which unfortunately again is what it is for you. 



affiekaap said:


> I'm not sure if I will be able to open a company in a free zone now, could I do it with a ban on my name??


I would mention this to the freezone's when talking to them regarding company formation, but it does not affect your ability to be employed in freezone's or open a company there. 

Hope that helps, good luck.


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## affiekaap (Aug 13, 2013)

Thank you for all feeds.


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## TallyHo (Aug 21, 2011)

If you don't want to go straight back to SA you can always book a cheap flight to Bahrain. That way you'll officially leave the UAE (which is the important part from your employer's perspective as it legally absolves her of any responsibilities for you). Then fly back the next day and enter on a regular tourist visa. 

Mind you, I don't know what the visa requirements are for South Africans? Do you get them on arrival?

If you can't, take the opportunity for a relaxing holiday somewhere while you sort out the tourist visa.


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## affiekaap (Aug 13, 2013)

O my gosh, thought I'd share what happened today:

I had to go back to MOL to sign cancellation and the Owner of the shop talks to me outside, very nicely off course, saying she doesn't understand why I left, etc etc etc, and just as I thought she was so nice and maybe I was wrong about her, we head back inside and at the desk they lady asks me to sign the cancellation, she (the owner lady) whispers in my ear, if I sign the company contract she can make this all go away. WHAAAATTT??? 

So I said no, and then she turned back to the attitude she had before??? can not believe this, she also threatened me that I can never come back into the country, so I ask the consultant and she said off course I can it's only a labor ban not immigration, so the lady insists "how do I get an immigration ban on this horrible women she says" I sat looking at her in awe. the consultant and I just looked at each other in shock of what she just said, and the consultant (not the same one I had last time) said she can come back, just not for work, and she doesn't have to sign any papers you give her now.

The owner also literally threatened me, " if you do any photography on your own we will hunt you down and lay a case against you" Horrible old lady.

Anyway, took the little bit of pride I had left and walked outta there with my head high, Cancellation letter in the one hand and relief in the other. Now I just hope all my company procedures will go smoothly in the Free zone and that this 1 year ban I got today won't affect it at all.

Everyone thank you for your advice and opinions, really hope this will not happen to anyone else.

xx


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## dizzyizzy (Mar 30, 2008)

It's all empty threats, she can't place an immigration ban on you! LOL, who does she think she is?? She sounds like a very silly woman who is used to having her way and is pis$$ed off at the fact that is not the case this time. You may need to exit the country and then reenter again, but I am pretty confident you'll be able to set up your own company in one of the free zones.

Surely she will be in trouble for not having a signed contract by you, otherwise she wouldn't have offered you to 'make it all go away' if you signed it. I hope is the case anyway. That'll teach her


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## earthworm88 (Jun 14, 2013)

oh my! what a horrible nasty b.......eing! Glad you are finally rid of her. 
Best of luck with your licensing procedure in the FZ!


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