Labor Ministry Intervention is Needed if Resignation is Not Honored
Legal case: I have been working as a stock controller for a certain company for over two years no but I’ve decided not to renew my contract anymore primarily because our salaries are delayed.
To date, we have not been paid for three months already and it affects my family a lot.
I submitted my intent not to renew my contract which expired on October 23, 2015 as early as August. I have turned over all the files and taught my successor on how to do the proper system but the company still won’t let me go.
They hired an auditor to audit our company and they asked me to work with him. But I don’t want to stay anymore because I want to be with my family this Christmas season.
It’s already December and I am still working in our company against my will. The company has my passport and it has been delaying my visa cancellation process.
I plan to go back to Dubai after spending the holidays with my family but I am also afraid that my company will create an issue against me. Please advise what is the best thing to do with this situation.
ANSWER:
Article 56 of the UAE Labor Code provides that employees who are engaged on yearly or monthly remuneration shall be paid at least once a month. Payment is considered delayed when it is not received 15 days following the pay period.
Your employer has the obligation to pay your monthly remuneration for the service you have rendered.
Article 121 states that an employee may leave service without any notice if the employer does not fulfill his obligations, to wit.
Article 121
The employee may leave the service without notice in the following cases:
- If the employer does not fulfill his obligations towards the employee as provided for in the contract or in this law.
- If the employer or his legal representative has committed an act of assault against the employee.
Your employer cannot retain your passport. If your employer still refuses to return it despite demand, you must immediately go to the police to make a report.
You should also coordinate with the Philippine Embassy or Consulate in order to inform them of your employer’s act of retaining your passport. You also have the option to file a petition for retrieval of passport with the court.
Pursuant to Section 11 of the Philippine Passport Act of 1996 or Republic Act No.8239, a Philippine passport remains at all times the property of the Government, the holder being a mere possessor thereof as long as it is valid and the same may not be surrendered to any person or entity other than the government or its representative.
Your employer cannot prevent you from ending your contract nor delay the cancellation of your visa because no person may be forced to work against his will.
If your employer continues to refuse or delay your visa cancellation despite your valid resignation, you can already request for the intervention of the Ministry of Labor.