Custody of children
A reader from Dubai asks: I am a Muslim woman married to a Muslim, but we are from different countries. We have been married four years and have three children. My husband does not support our children or me. I have a job, but my salary is not sufficient to meet our needs. I tried to find a job with a better salary, but was unsuccessful. I am currently thinking of returning to my country as my husband says that he is not obliged to spend on me. My question her is, may I file a case in the Sharia court in this regard? Do I have the right as per Sharia to ask for application of the law related to my country? In case of divorce, do I have the right to retain custody of our children and to travel with them to my country? What does Sharia in the Dubai Court say on this?
I would like to tell to the questioner that as per Sharia, the husband is obliged to support his wife and children. The questioner’s husband cannot say the wife has no right to alimony. Therefore, the questioner is not obliged to work to spend on herself as well as her children as spending is the husband’s duty even if the wife is rich or working with a big salary. Thus, the questioner may file a case demanding expenses before the Sharia court. The court will force the husband to support his wife and children. The amount of expense will be estimated according to the husband’s income. As for the question about travelling with the children, the questioner has no right to travel with children. She will be granted custody only if she stays in the country where the husband lives because the husband also has the right in guardianship, custody, as well as seeing his children.
End-of-service benefits
A reader from Dubai asks: I have submitted my resignation after working in a company for three years as a sales manager. My residence visa expired in March this year. Last month, I filed a complaint at the Ministry of Labour over claiming my end-of-service benefits. I met my employer once in the presence of an arbiter. The employer was advised to cancel my visa since I have followed company procedure regarding termination of contract and my contract is for a limited period. The company promised to process the visa cancellation and give me my dues. Unfortunately, every time I went to the company to follow up on the matter, they said the papers for cancellation are ready, but I have to collect payments from some customers. I explained to my employer that it is not my job since I was a sales division manager and only approved customers’ purchase orders and delivery as long as their credit facility was still available. This job of collecting payment was the responsibility of the collection department. It took a while for me to convince them, but nothing happened. Now my visa grace period is over. Last time, I went to them they asked me to sign a document saying I am ready to pay a penalty for overstaying, but I refused since they were the ones delaying the visa cancellation and my gratuity. This money would be of great help to me since I am having problems with my bank due to my credit card expenses. What I am still here in Dubai. Is it appropriate for me to file a case against the company in the labour court?
I would like to tell the questioner that the company’s actions are illegal. It is wrong for them to delay giving him end-of-service gratuity, especially after the long period that the questioner has spent working with them. Asking the questioner to collect payments from some customers in return for end-of-service gratuity is not acceptable legally as the questioner has not guaranteed such payments. It is the company’s responsibility to collect the payments. Asking the questioner to pay the penalty for overstaying is also considered violation of the labour law. Therefore, I advise the questioner to ask the Ministry of Labour to transfer the case to the concerned court to enable the questioner to obtain his rights.
Visa expenses
A reader from Dubai asks: I have been working in a company based in Dubai for the last six years. I never received any increment, annual bonuses or cost of living allowances. The company also deducts visa expenses from my salary. What should I do to obtain my rights under the labour law?
I would like to clarify to the questioner that If these allowances mentioned by the questioner are not stipulated in the employment contract or in the offer letter, the company is not obliged to provide the same as per the labour law. The questioner can only claim them if the company provides for such allowances and has previously given such allowances to the questioner. As for the deduction of visa expenses from the questioner’s salary, it is considered contrary to labour law, which obliges the company to bear the expenses. The questioner has the right to claim such expenses from the company if he has evidence.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
