Ask the law: October 13, 2006

A reader in Abu Dhabi (name withheld on request) asks: What is the function of the offer letter? How long does it take for the sponsor company to get an employment visa for a newly hired employee? Why is it so common for some establishments to have employees on visit visas?

The offer letter is a promise of contractual relation under the same conditions appearing in the offer. It can further be adequate proof in proving the contractual conditions and terms in case the sponsor does not sign the labour contract. The sponsor might need approximately a one-month period to issue an employment residence visa for a new employee.

As for some establishments having employees working on visit visa, this can be explained as the establishment's desire to examine the employee's capabilities before giving residency but this practice is in violation of the labour law.

Leave salary

A reader in Dubai (name withheld on request) asks: What is the rule for payment of leave salary? Is there any rule to pay the last drawn monthly salary as leave salary?

As per Labour Law, the annual leave shall be 30 days for every year as per Articles 75 and 78 of the Labour law. For that leave, the employee shall be entitled to receive his basic salary plus accommodation allowance, if any.

In case the business circumstances require the employee to work on his annual leave; totally or partially, and if the period, on which the employee worked from his annual leave, was not added to the following year's annual leave, then the employer shall be responsible to pay him his salary plus extra over time for the days he worked on from his leave, equal to his basic salary. On all occasions, it is not allowed to force the employee to work on his annual leave more than once every two successive years.

Hospital job

A reader in Abu Dhabi (name withheld on request) asks: My wife was here on a visit visa. She got a job offer in a private hospital during her stay. After the interview they told her to join on a trial basis before they could issue a residence visa. They took the passport and she signed a contract (contract was typed on their letter head) which says that she has to work for three years or else has to pay six months salary if she wants to quit. Within a month, she got another job offer from a government hospital. But her first employer refused to give back the passport saying we have to pay them six months salary. As she had to leave the country before the visit visa expired, they took her nursing certificate and the licence (which is on their title) instead of passport. At the same time they made her sign on a normal paper saying she will be back to work with them. (They refused to give us a copy of these contracts.) I would like to know if there is any way to come back, work in the government hospital and get back the certificate.

The questioner is advised to seek amicable settlement, pay back the expenses incurred by the private hospital for issuing her visit visa and resign asking for her documents. However, if that private hospital refused to give her back the documents and solve the matter amicably insisting on the penalising condition, then the questioner might be - to a great extent - obligated and responsible.

Interest rate

A reader in Dubai (name withheld on request) asks: I have taken a mortgage loan for property in the Greens. For the past two years, the interest rate was 6.25 per cent, but in the last 15 days it has been increased twice. Is it legal for the bank to do that?

Loan interests are subject to their own agreements only. So, the questioner is advised to go to his loan contract; if the contract states a specific percentage, the bank has no right to increase that percentage unless it was a penalty or delay or otherwise.

Baby sitting

My wife is a housewife and would like to do baby sitting. Kindly advise us on the following, as we do want to follow the law of this land.

a) Is it lawful for a housewife to do baby sitting?

b) Can we advertise in the newspapers, seeking customers to offer the above service?

c) Is trade license issued by the authorities for this?

Working in houses as a baby sitter is not lawful and cannot be advertised through the newspapers. The questioner is advised to establish a nursery after obtaining the necessary licences from the concerned bodies.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants