How the Corona affected Professional life of an individual?
The pandemic coronavirus has affected different people in different ways. Lot of people were stuck up in this situation they were not able to travel as the world was standstill. Everything came to halt as the life in the different countries gone locked. None of the industry was in motion, be it Manufacturing Industry or Entertainment or Leisure, one of the most effected Industry is Tourism & its concerned sectors like Aviation & Hospitality. But due to the sudden stoppage in Aviation Industry, people could not travel even for their important motives, like to attend Mandatory meeting with their clients & Peers. The worst effect was on the people who were supposed to join their Organisations back after their Legitimate Vacations.
In one of the instance, One employee could not join his duties & fired from his Job. Though he went, in March 2020, to India to attend the Funeral of his mother, which is the most peculiar reason for any employee & Organisation do allow their employees, for such reasons without asking any questions. As the Unlocking was not confirmed, he asked his company to adjust his 60 Days’ Vacation Leave & send him his Pay-out but they sanctioned him with 14 Days Emergency Leave only & paid accordingly. After the resume of International Flights operations, he came back to UAE on 15th of July and went for 14 Days of Mandatory Quarantine.
He was with the Organisation since 1997, for 23 Good years with the same Organisation, when he asked his employer to consider his case, mailed his concern, he was told by the new CEO of the company, as the company was taken over by a New Group & they already employed somebody at his position. He told him that his services are no more required & he can settle his Full & Final from Previous Employer. His Vacation Salary was also not paid even after his requests; In the meantime, his Visa also got expired & got stuck in this situation where he lost his Job & in immigration formalities & fine of over stay during vacations was another issue.
Now at this point some legitimate question arises which are:
Who is supposed to pay the employees dues?
Can he Claim the fine of Overstay, from his employer – New or Old?
The renowned Law Firm Al Rowaad Advocates & Legal Consultancy. The member of the firm Mr. Hassan Elhais responded the query.
He suggested that the Organisation decided his Arbitrary Termination due to his non presence at his work place & in any case, it attracts 3 months of Salary from the Employer. Since the Company is not an Individual, it is a Legal Entity and the Labour Law do not discharge the new management from their Liabilities. The Victim should file a case in labour Court against the Organisation; he was working for & for interim relief from violation of Visa rules.
Where to file complaint against employer in this matter?
The complainant against employer can be filed with the Ministry of human Resources & Emiratisation (MOHRE). As per the process the Dignities of this department may call both the parties for amicable settlement, if both the parties fails in doing so, they will refer the case to the Learned Court for directions to the parties. The learned court, on receiving the Application from Complainant, will notify both the parties within 3 days from the receiving of complaint.
The complainant on receiving the Receipt of the Case Acceptance by the Learned Court can file with Labour Department & can apply for temporary Work permit of 6 Month, against a fee of 500DH, either paid by self or the new employer.