Calculating pay
From: M.V. Jose, Dubai
What do you think of this? A certain employer has a system of calculating pay on the basis of a month being 30 days. So when an employee returns to work from leave on the 30th day of a month in which there are 31 days, he considers him as having been absent for 29 days.
He pays him a day's pay, when in fact the employee has worked two days, i.e. the 30th and 31st of the month. Using the same yardstick, the employer also pays wages to those resuming work on any day in the month of February, which has 28 or 29 days. In the first instance, the employee loses a day's pay while he gains in the second. Nobody loses or gains in a 30-day month.
A year has seven months with 31 days, four months with 30 days and one month with 28 or 29 days. Is it legal under UAE law to pay in this way, so that employees can lose money?
A. A monthly salary is calculated on the basis of a 30-day month. In a 31-day month a worker will not get an extra day's pay. This becomes even more obvious when a worker reports back from leave on the 30th day in a 31-day month. The Labour Law considers a month is 30 days. All calculations for private sector workers are made on this basis, under article eight of the Labour Law.
Marriage laws
From: Farid M. Shaikh, Dubai
What are the procedures for getting married in the UAE? I am an Indian and the girl I would like to marry is a Filipina.
A. Each country has its own laws and regulations for marriage. The religion of each party is also relevant. If the would-be couple is Muslim and the man has obtained the consent of the woman's father, they can be married in the Sharia court in the presence of two witnesses. If they are Christian, they can be married in a church and have the marriage certificate attested by the court.
Residence visa
From: B.A., Dubai
My mother, a widow, aged 58 would like to come to Dubai on a residence visa. She is in good health, but she is alone at home. I am her only daughter and my husband earns Dh6,000 per month. My brother works in Dubai and has family status. Is it possible for my mother to get a residence visa? Can my husband and brother sponsor her?
A. An expatriate worker can only sponsor his wife and children. He is not allowed to sponsor his parents under UAE law.
Driving license
From: V.M.A. Reader, Abu Dhabi
Who is the real owner of a valid UAE heavy duty driving licence? My colleagues and I worked hard to get our driving licences. We did not have any assistance from our PRO/Liaison Officer and our company did not provide us with transport. We were obliged to shoulder all the expenses, like payment for documentation and the licence fee as well, in order to obtain the licence immediately.
Is it legal for the management of the company to confiscate the driving licence once the employee decides to resign and have his visa cancelled despite the fact that the employee has spent his own money to get the driving license? I have a valid heavy duty UAE driving licence. Am I included in the six-month ban?
Also, I had an accident in August. I was not hurt except for some bruising. The company asked me to sign a document to deduct the amount the company had paid according to them for the damage incurred in the accident. Is the company entitled to deduct this?
A. A driving licence is a legal, personal document issued to a particular person after he meets certain requirements. So it belongs to its holder and not the company he works for, even if he got it during his service in that company. The company is not entitled to seize it.
Labour card
From: A Reader, Abu Dhabi
I am the sole owner, though according to UAE law a 49 per cent shareholder, of a company (a retail outlet) in Abu Dhabi, and my residence visa lists my profession as "Musthathmir". Am I as an owner required to have a labour card? If not, kindly quote the reference. If I am, then I have the following question.
I applied for my labour card in August 1996 when I started the company, and the labour card number was duly stamped on my passport. Despite many visits to the Department, however, I could not get my labour card. The Abu Dhabi Labour Department building was, in those days, undergoing renovation. There was also relocation of certain offices.
My papers must have been misplaced because I was ultimately told, verbally, to re-apply for the labour card. I did not apply again and have been without the labour card since then. If I am supposed to have a labour card and apply now, what are the legal and financial consequences, bearing in mind that I had applied earlier and had met my legal requirements?
A. On what basis was your visa issued? Was it on the basis of an employment contract, or on that of being an investor? If your visa was issued on the basis of an employment contract, you need a work permit, but if it was issued on the basis of being an investor, you need no work permit.
Joining rival firm
From: M.K., Jebel Ali
I have been working for a freight forwarding company for eight years as a sales executive and my services were recently terminated. I was paid all my dues and a six-month ban was stamped in my passport. While negotiating cancellation, my company made me sign a letter stating that I should not join any freight forwarders or competitors for the next two years and if I did so I would be liable to pay a penalty of Dh100,000.
What does the law say about such things? I have completed the six months and now have got a job as air freight manager in a freight forwarding company. Can I take up the job? If there is such a law, what would happen if a previous company came up with a complaint? Do I have to leave the country again, or do I have to leave the job and look for another job?
A. The law entitles your previous employer to do what he has done and it would be illegal to join a competitive company during the period mentioned in the agreement. According to Article 127 of the Labour Law, if the work assigned to a worker allows him to become acquainted with the employer's clients or to become familiar with the secrets of his business, the employer may require him to refrain, after the termination of his contract, from competing with him, or participating in any enterprise competing with his own.
"Such agreement shall be valid only on condition that the agreement is limited, as regards the time, the place and the nature of business, to the extent necessary to protect the employer's lawful interests."
Sponsorship
From: BG Dhar, Bahrain
My brother, who has worked in Dubai for six years, left a few months ago for India. He had a six-month ban stamped in his passport. His ban ends next month and he would like to return to the UAE where his family is. Would it be possible for his wife, who is a teacher in a school in Dubai, to sponsor him and get a visa?
A. Yes, your sister-in-law can sponsor her husband if she is sponsored by the school and she meets the legal requirements, mainly with regard to salary and accommodation.
