You could get a fine of Dh50k for employing person on visit visa
Q: I came to Dubai in January on a three-month visit visa. After searching for a job for weeks, I finally got an offer letter from a company based in mainland Dubai. Their only requirement was that I start working immediately. They said they had applied for my residence visa and made me work for a month on my visit visa. After it expired, the company told me they could not offer me a residence visa and that they could pay me for a month I worked there. I understand working on the visit visa is not legal, but I did so based on the assurance of the company that they were working on getting me a residence visa. How do I complain against the company?
A:
It should be noted that it is illegal to work in the UAE without a valid work permit issued by Ministry of Human Resources and Emiratisation (MoHRE) and the UAE residence visa. This is in accordance with Federal Law Number 6 of 1973 and its subsequent amendment by Law No. 13 of 1996 and Law No. 7 of 2007 (the ‘Immigration Law’) and Federal Law No. 8 of 1980 regulating employment relations in the UAE (the ‘Employment Law’). Article 11 of the Immigration Law states: “The foreigner who obtains a visit visa may not work anywhere in the country with or without pay or on his own. If the visa is issued to work for an individual or an establishment, the holder may not work for another individual or establishment without the written consent of that individual or establishment and the approval of the Directorate of Nationality and Immigration.”
Further, Article 13 of Employment Law states: “No non-national may be recruited for work in the UAE without the prior approval of the Ministry of Human Resources and Emiritisation and without first obtaining a work permit in accordance with the procedures and regulations laid down by the Ministry of Human Resources and Emiritisation.
Such permit shall not be granted unless the following conditions are fulfilled: (a) that the employee possesses the profes- sional competence or educational qualification which the country is in need of; (b) that the employee has lawfully entered the country and satisfies the conditions prescribed in the residence regulations in force in the State”.
In the UAE whosoever is employed and who provides employment for individuals on visit visa will have to bear the penalties and criminal consequences. This is pursuant to the Federal Decree Law Number 7 for 2007, which amended certain provisions of the Federal Law Number 6 of 1973, a fine of Dh50,000 per employee has been prescribed, in the event the MoHRE finds any employer employing an individual on a visit visa. If the offence is repeated, the fine amount is doubled”. Further, the table attached to Ministerial Resolution No. 851 or 2001 regarding penal sanctions stipulated for the violations under the laws and resolutions in force states that the employer may be imprisoned for six months for employing individuals who are under other sponsorship in the UAE as mentioned in Immigration Law.
Upon repeated violations, expatriate employers will be deported and banned for life from entering the UAE and six months of imprisonment in the event the employers are UAE nationals. Based on the aforementioned provisions of law, both the employer and employee may be held guilty if employed on visit visa in the UAE. Therefore, if you file a complaint against the company which employed you, both you and the company may end up paying penalties for illegal employment and there is a possibility of you being deported from the UAE for violating the conditions of a visit visa. This is in accordance with Article 29 of the Immigration Law, which states: “The Department of Nationality and Immigration shall issue an order for deportation of a foreigner if he has no residence licence or it has expired. Such a foreigner may return to the country if he fulfills the conditions for entry in accordance with the provisions of law.”
What happens if a cheque bounces
Q: I am a resident of Dubai and have been staying in a two-bedroom flat for the last six years. I have a post-dated rent cheque dated May 6, 2019. I am facing some financial difficulties, and am afraid that I will not have sufficient funds in my bank account when the said cheque is presented for encashment. I have been asking my friends and family members for help, but I have not received any so far. Even the real estate company is not agreeing to withdraw the cheque. What will happen if the cheque bounces? Will there be a police case against me? Can I be evicted? What can be my next course of action in this situation? A: Pursuant to your queries, dishonour of cheque due to insufficient balance in your bank account will attract criminal proceedings against you in the UAE. This is in accordance with Article 401 of the Federal Law No. 3 of 1987 related to issuance of Penal Code (the ‘Penal Law of UAE’), which states: “Detention or a fine shall be imposed on anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed.
The same penalty shall apply to anyone who endorses a cheque in favour of another or gives him a bearer draft, knowing that there is no sufficient balance to honour the cheque or that it is not drawable.”
As you have not specified the cheque amount, it may be noted that pursuant to Law no. 1 of 2017 called ‘Criminal Order Law’, if the cheque amount is less than Dh200,000, the punishment may be by fine and the fine may vary between Dh2,000 and Dh10,000 depending on the chque amount. The said provision of law is only applied to emirate of Dubai.
Based on the aforementioned provision of law, your landlord or owner of the apartment may file a police complaint if your cheque for May 6, 2019 is dishonoured and you may be prosecuted for it. Further, you may have to pay a fine or undergo imprisonment depending upon the decision of the public prosecution.
Further, your landlord or owner of the apartment has the right to approach Rental Dispute Center in the emirate of Dubai and demand your eviction and recovery of rental amount for non-payment of rent by commencing the process by issuing legal notice through a notary public. This is in accordance with Article 25(1)(a) of the Law No. 33 of 2008 amending some provisions of Law No. 26 of 2007 regulating relationship between landlords and tenants in the emirate of Dubai, which states “Landlord may demand eviction of tenant prior to expiry of tenancy period if the tenant fails to pay rent value or part thereof, within 30 days of landlord’s notification for payment; unless parties agreed otherwise and for the purpose of this clause (1) of this Article, the landlord must notify the tenant through the notary public or by registered mail.”
Based on the aforementioned provision of law, the landlord or the owner of your apartment may initiate legal action against you by filing eviction and recovery of rental amount in the Rental Dispute Centre, Dubai.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. 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.