# legal labour issues - can anyone help?



## Yoga girl (Oct 19, 2008)

Hi

My employer has just announced he cannot pay for salaries so he has decided to give us two options. To work on a commission only basis (read zero or next to it) for 4 to 6 months so we dont loose our jobs, or to take one month's paid leave and then terminate the contract.
Can he legally do something like this and change the contract to commission giving us only 2 days to think about it?

Also, the MD has now., without any notice, ccd himself on all incoming and outgoing emails from my company account WITHOUT telling us. I occasionally get personal emails ìin my inbox (mostly from people who are not organised enough to tell the difference between private and work emails, or who cant be bothered).
Again, can he do that?

I have only been in the company (and in Dubai) for 8 months... Does that entitle me to any benefits upon leaving?

Any help and advice would be most useful.

thanks all!


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## Andy Capp (Oct 5, 2008)

Sorry about the position you're in. It's _unlikely _he can legally do this, but it all depends on who he is and what your contract says. 

I do wonder how he expects to pay you 1 month's leave and your end of service gratuity if he can't afford to pay you all though.

The only thing you can really do is go to the Ministry of labour and file a complaint. Not ideal and it's unlikely to get you anywhere. That said it's very time consuming and frankly isn't worth the bother unless it's a considerable sum involved.

Do you have enough cash to last you 4 months+? Unlikely I'd say, so probably your best option is to agree a settlement, get it in writing, get it paid up front and then get your visa cancelled. 

And get looking for alternative work asap.

Sorry.


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## Yoga girl (Oct 19, 2008)

Andy Capp said:


> Sorry about the position you're in. It's _unlikely _he can legally do this, but it all depends on who he is and what your contract says.
> 
> I do wonder how he expects to pay you 1 month's leave and your end of service gratuity if he can't afford to pay you all though.
> 
> ...



Hi thanks. i thought as much....
Between you and I he does not shine for his management skills and that is precisely why the company is in trouble. I will spare you the details.
There have been things from the beginning that would need reporting.... and I am very tempted to do that. I have already been loooking and I simply increased my efforts now. I already had interviews after only 4 days of real hard search ... I do have enough money to keep me going for 2 to 3 months so that is not the biggest issue although I would obviously prefer not to have to do that.

Since until I get a new job I will depend on their visa I might wait but i am very much inclined to report it all to the authorities. I have some contacts in the legal field who might be able to advise me further on this if it becomes necessary.

Thanks for your advice.


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## Andy Capp (Oct 5, 2008)

Put it behind you, get what you're owed and move on - as the guy sounds a class a arsehole it's probably for the best.

And who knows what lies around the next corner - you might want to thank him in years to come.

As the song says - "Don't look back in anger"


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## Yoga girl (Oct 19, 2008)

Andy Capp said:


> Put it behind you, get what you're owed and move on - as the guy sounds a class a arsehole it's probably for the best.
> 
> And who knows what lies around the next corner - you might want to thank him in years to come.
> 
> As the song says - "Don't look back in anger"


Normally I would totally agree with you but I have lost out (in money terms but not only) so much already that I want to just let it be. The other issue is ... will I get what I am owed? I think that will be crunch time.
But yes I think that the future looks bright and positive and in a way this has been a blessing in disguise... Who knows how long I would have continued like this if he hadnt pushed me to put ALL my efforts into job hunting?


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## avalonstar (Apr 1, 2008)

Yoga Girl

That is the spirit. Go girl.

Avalon


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## qwert97 (Jun 2, 2008)

Yoga girl

Before you take the decision you need to know what your rights are and the consequences if you report to MOL.
1. You are entitled to notice pay.
2. One to three months severance
3. Gratuity per labor law
4. One way ticket to your home country.

Having said that, the chances of getting anything is very remote and the job market is not very good. Also make sure you talk to them about NOC before you convey your decision.

If I were you :
1. I would ask the company to issue a NOC.
2. Accept the commission offer - basically to continue your residence.
3. Once you find a job make a complaint to MOL.
4. USe NOC to transfer to new employer.


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## ACoz2000 (Sep 15, 2008)

Yoga Girl,

NOC is vital, also for your information you are not entitled to any gratuity by Labour law until you complete 12 months with the said employer (sorry). 

I would take the 1 month and the NOC, and use that one month to look for a job, after that you can always look around for work whilst on visit visa. Or at worst from your home country on the internet. I am sure you'd get something... what is it you do?

And by the way, the process involved when cancelling a visa needs the employer to sign off that you owe them nothing and they need you to sign off that you are owed nothing, therefore until you both agree a settlement has been made you will hold a residency visa until it would normally expire in 3 years. They have to pay out in other words.


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## Andy Capp (Oct 5, 2008)

If I recall YogaGirl works in a freezone, so an NOC is not required.....


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## ACoz2000 (Sep 15, 2008)

It would be required if she wanted to work outside the freezone though...


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## Andy Capp (Oct 5, 2008)

But the NOC is issued by the freezone not the employer....


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## ACoz2000 (Sep 15, 2008)

Andy Capp said:


> But the NOC is issued by the freezone not the employer....


Well whoever is written as her sponsor at the moment should write the NOC, whoever!:boxing:


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## Xpat (Nov 12, 2008)

u r lucky that u worked in freezone, my case was in april I left the company and I had 3 yr visa and it was NON-freezone, my new employer had to pay 15,000 dhs fine as I didnt complete the vterm in a haste I didnt bother to ask b4 signing termination. It's good I left past behind and continued.

I made 14 good friends whom I used to hang out often , recession claimed 12 of my friends' jobs and one was made redundant this week, next will leave end of this month after completing internship........ Dubai is one time place and it will be hard to make it great place without great companies and great ppl....sad


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## Yoga girl (Oct 19, 2008)

ACoz2000 said:


> It would be required if she wanted to work outside the freezone though...


HI everyone.

Thank you for all the info and advice. I do not work in a freezone so I do require an NOC.
I decided to take one month's advance notice with full pay and they are letting me stay at home to look for another job (in fact they encouraged me not to go back into the office, I think they are afraid I will talk to others there about this situation). ANother colleague has taken the commission scheme and wont see a penny this month!

I also asked if mmy visa be left in place for at least another 2 to 3 months while I find a new job and they have said they can do this if necessary.
I am not sure if I will get everything I am entitled to but as long as I get my NOC and pay I will be satisfied.
I still think the employer should be reported to MOL after that. I was given (upon request) a copy of the Labor Laws when I arrived and too many of the practices just arent legal around this office....
Right now though my full attention is going to finding another job in a more healthy environment., which given the history in this one... shouldnt be so hard!!

Thanks again for all the advice. You have been of great support.


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## avalonstar (Apr 1, 2008)

Yoga girl said:


> HI everyone.
> 
> Thank you for all the info and advice. I do not work in a freezone so I do require an NOC.
> I decided to take one month's advance notice with full pay and they are letting me stay at home to look for another job (in fact they encouraged me not to go back into the office, I think they are afraid I will talk to others there about this situation). ANother colleague has taken the commission scheme and wont see a penny this month!
> ...


Good luck Yoga girl.


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## Yoga girl (Oct 19, 2008)

Just wanted to let everyone know that I have found a job starting on Tuesday. It is 3 month probationary period to start with but at least I will get a decent salary and work for a professional and solid western company in a healthy environment.
Thanks everyone for the support.


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## Ogri750 (Feb 14, 2008)

Congratulations and good luck to you


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