How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kasare Your Own Question
Kasare
Kasare, Solicitor
Category: UK Employment Law
Satisfied Customers: 1301
Experience:  LLB (Hons)
12488363
Type Your UK Employment Law Question Here...
Kasare is online now
A new question is answered every 9 seconds

Kasare I am currently in the UAE and was brought over by a

Customer Question

Hi Kasare
I am currently in the UAE and was brought over by a school on a Tourism VISA. The School was a complete nightmare and after a week I decided to resign. I went to the head and gave in my resignation and she said I could leave but I needed to pay my own way home with no other cost to me. Since I am on a Tourism VISA I decided to stay and seek employment at other schools. The school who brought me over is now threatening to go to the Police to open a Criminal Case if I do not email them confirmation of my flight in the next 48 hours. I have been in the UAE for 12 days.
Your help would be greatly appreciated.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Kasare replied 1 year ago.

Hi, thanks for your question, sorry for the delay in responding, I have not been online much this weekend. Are you sure you are on a tourist visa? If so, then you would not have been able to work. Do you perhaps mean the e-visa which is then converted to a full working visa?

If you are on a tourist visa you have the right to stay in the country for 30 days but you cannot work. I think you really ought to review and confirm your visa. Normally, if you are going to work for a school they deal with all the paperwork for visas and you get an e-visa which then upon arrival they take your passport and apply for the full visa. If this was not done then they and you could be in trouble under the strict labour laws.

Labour matters in the UAE are governed by Federal Law No. 8 of 1980 Regulating Labour Relations as amended by Federal Laws No. 24 of 1981, No.15 of 1985 and No.12 of 1986 (the “Law”). If you resign during your probation period "for no just cause" then the school only have to pay outstanding wages, they do not have to pay your repatriation costs. Further, if you are deemed to have left employment without a justified cause before the end of a specified there in the employment contract then the UAE labour laws decree that you are banned from working in the UAE for a period of 12 months thereafter. Usually however, such sanctions would only be applied if a complaint was filed by the employer requesting such.

The probable reason the school is threatening this is that they may have brought you over without a valid visa and are concerned about the consequences - they can be fined up to AED 10,000.

I would email them and advise that as they have failed to arrange the appropriate working visa (if of course they were the ones to arrange the visa) and you are on a tourist visa you are entitled to stay for up to 30 days, which you are intending to do and that you will email them details of your flight in due course. Of course you can always advise them that you are concerned that they have misled you are you believed you were coming on a working visa (if of course you are on a tourist visa) and that should they approach the police with regards ***** ***** complaint you will have no alternative but to seek legal representation to file a complaint against the school for bringing you into the country on the incorrect visa and having you work.

I hope this assists. But I should warn you, do not commence any work at all with any other institution without the correct visa.

If you have any further questions, please ask.

Kasare

Customer: replied 1 year ago.
Thank you so much for your response. I am definitely here on a 90 day Long Term Visit Single Entry Tourism VISA. This VISA has been sponsored by a tourist company and not by the school. It lists the company on the VISA as my sponsor. All the teachers, about 20 of them have all come over on a Tourism VISA and are working. We were told once the Headmistress of the school has revised our teaching ability in a class visit will she only then go ahead with applying for our work VISA and residents card for the UAE.
I am currently seeking employment elsewhere with a more reputable institution.
Expert:  Kasare replied 1 year ago.

Hi, not a problem. If you have entered on the 90 day tourist visa then you should not have been working - nor should the others.

I would strongly recommend you speak to an agent locally - or even a lawyer - to assist you with this and getting a proper working visa if you decide you want to stay.

Related UK Employment Law Questions