You have a right to challenge unfair absconding complaints

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I was working for a company for two years on an unlimited labour contract when my employer suddenly terminated me and wanted to cancel my visa immediately. I had certain financial issues to resolve first and a travel ban against me filed by the bank due to a bounced guarantee cheque against my credit card. I requested my company to give me some time to find a new job and change sponsorship, but then I discovered that my employer had reported me for absconding. I was verbally told by my company not to work my notice period, and realised the reason they had reported me absconding was so that they didn’t have to pay my end of service benefits and commission. They also didn’t want me to find work with a competitor. After five months of this I’m struggling due to a travel ban and financial issues. I’m supposed to make credit card payments, but can’t do that until I find a new job. Will there be a life ban on me now for this unfair absconding complaint? Can that be lifted through the Ministry of Labour?

My employer is willing to drop the complaint if I sign a paper that says I’ve received my end of service benefits.

The Ministry of Labour will not accept the withdrawal of an absconding complaint by the employer, therefore I advise you file a complaint against your employer at the Ministry of Labour and ask for your rights regarding end of service benefits. You should also insist the Ministry of Labour refer the case to court and prove that the employer falsely reported you for absconding to avoid paying you your end of service benefits. You should also prove that the employer didn’t allow you to work your notice period. If the labour court pass judgement in favour of you and it was mentioned that you were arbitrarily dismissed, you will be entitled to your rights and the Ministry of Labour will have to lift any absconding complaint.

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I’m a manager of a Limited Liability Company (LLC). As per UAE Commercial Law am I obliged as a manager to hold a general assembly every year? The company is facing financial problems, so can I discuss the company’s financial positions and losses during the general assembly?

Article 92

Article 90 — Formation of the General assembly and Inviting it to Convene

■ The LLC shall have a general assembly consisting of all the partners. The general assembly shall be convened by an invitation from the manager or the board of directors at least once in a year during the four months following the end of the financial year of the company. The general assembly shall be convened at such time and place as set out in the letter inviting to convene the meeting.

■ The manager or the authorised manager shall invite the general assembly to convene upon the request of one or more partners holding at least one quarter of the capital.

Article 94 — Agenda of the Annual General assembly

The agenda of the annual general assembly of an LLC shall include the consideration and decision-making in the following issues:

■ The manager’s report regarding the activity and the financial position of the company during the ended financial year, the auditor’s report and the supervisory board’s report;

■ The balance sheet and the account of profits and losses and the approval thereof:

■ The profits to be distributed among the partners:

■ To appoint the managers and to determine their remuneration:

■ To appoint the members of the board of managers (if any):

■ To appoint the members of the supervisory board of (if any):

■ To appoint the members of the Internal Shariah Control Committee and the Shariah Controller if the company conducts its activity in accordance with the provisions of the Islamic Shariah. mentions the following:

■ Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.