You don’t need to pay ‘training costs’ to firms
After working in a company for over 17 years, I resigned in April 2016 to begin serving my one-month notice period. However, my company extended my service till November, telling me that I would have to work until a replacement is found. Is this legal? My visa is going to expire soon and the company is not giving me any response on what to do or when I can leave. Additionally, the company is asking me to repay Dh12,000 that they claim they spent on my training. They claim this has been approved by the general manager. Can they do this? Pursuant to your queries, we assume that your employment contract states 30 days (one month) as the notice period to be served if you are willing to resign from your employment. Once an employee submits his resignation, the employer should accept the same with a written acknowledgement or by an email confirmation. Upon completion of the notice period, an employer should settle end-of-service benefits and the salaries to the employee which include salary, leave salary for annual leaves not availed, incentives or bonus as mentioned in employment contract and severance pay. Article 113 to Article 141 of the federal law no. 8 of 1980 regulating employment relations in the UAE (the ‘Employment Law’) stipulates the provisions related to termination of contracts of employment and severance pay. Since you had resigned in April 2016, you may approach the Ministry of Human Resources and Emiratisation to file a complaint against your employer.
Further, it is the responsibility of the employer to provide sufficient training to the employees and the employer should not collect the training costs from the employee or demand the same at the time of termination of the employment contract if the same is not mentioned in the employment contract.
Deportees are banned from the UAE for life
In 2012, I was deported from Ajman to India on the basis of an absconding case filed against me. But now my family and I wish to relocate to the UAE. Is the absconding ban for life? If so, is there any way to to have it lifted? Pursuant to your queries, an individual who is deported from the UAE cannot visit the country for life. This is in accordance with Article 28 of federal law no. 6 of 1973 regarding immigration and residence of the UAE, which states: “An alien who has been deported may not return to the country except with the special permission from the Ministry of Interior.”
Based on this aforementioned article, you may contact the General Directorate of Residence and Foreigners Affairs and make an application to lift the life ban.
An alien who has been deported may not return to the country except with the special permission from the Ministry of Interior.” UAE federal law
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United King. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.