Ask The Law - July 20

Readers' questions answered by Advocate Samir El Azrak of Abdul Rahman Al Muttawa & El Azrak, Advocates and Legal Consultants

Getting back dues
From: Roger Wilkinson, Abu Dhabi.

One of our company's staff requested leave in December 2000 to travel to Pakistan. Leave was at first refused because the company was undergoing some internal changes. But he pleaded with the management that he needed to travel so as to undergo a minor operation.

The leave was granted to him along with a Dh10,000 loan from the company, provided he returned within 30 days. He signed a statement agreeing to that and also agreeing that should he be late, he would forfeit all gratuities due to him. He has not returned but has sent messages stating he will be back. Each message gives a later date for his return. Since his departure, we have discovered that he has borrowed money from some of our customers and also has cash paid to him by clients for certain jobs done. We also paid his housing allowance for a full year by cheques. If he returns, how can the company go about getting him to pay his debts as well as the housing allowance, should the company immediately terminate his services?

According to article 76 of the Labour Law, the employer may fix the date of commencement of annual leave and, if necessary, divide such leave into no more than two periods. "Not withstanding the foregoing, the provision regarding the division of leave shall not apply to leave fixed for young persons."

Article 120 of the law states that an employer may dismiss a worker without notice if he is absent from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days, in any one year.

Depositing money from the company's customers in a worker's personal account is punishable by law. If the worker files a lawsuit demanding his dues, the company can file a counter lawsuit demanding that the company's dues be cleared against the worker's dues.

Opening Internet cafe
From: Shanaka Perera, Dubai.

I would like to start an Internet cafe. What are the laws involved and what licenses must I obtain ? Can I ask another business to put my business on their trade license? What process would I have to go through? What is the minimum age for a person to start working in the UAE? When hiring a person can he/she work part time under someone else's sponsorship?

The Economic Department determines Internet cafe-related conditions and terms. Yes, you can ask another company to include your business in its trading licence, on condition that its licence allows it to operate a business of that type.

A person who is 21 years of age can start his own business. Part-time workers can be employed only with the approval of the Labour Department and the sponsor.

Rights during pregnancy
From: Suzann, Abu Dhabi.

I am pregnant and my doctor said I should not travel. My company wants to send me to Jordan for three days. If I show them a medical note stating that I cannot travel, can they fire me? Do I have any extra rights during pregnancy?

If travelling will harm you as a pregnant woman, you should inform your company of this, submitting a medical certificate. If the company rejects the certificate, you can ask to be referred to a Ministry of Health medical committee to decide on the matter. During pregnancy you are not entitled to additional rights. You are only entitled to a fully or partially-paid maternity leave, according to your period of service.

Family not responsible
From: Dominic P, Dubai.

I have been involved in a criminal case, but that is now over. I am now involved in a civil case in which the other party has claimed Dh70,900. I am a visitor to this country and have no job or money. The court knows this and yet seems to disregard these facts. If I don't/can't pay, is my family going to be held responsible for my actions? I am not on their sponsorship.

No, your family cannot be penalised for your illegal acts, whether you are sponsored by them or not.

Salary deduction
From: Sheba Varghese, Dubai.

I write this on behalf of my sister-in-law, who started work in September 2000 as a teacher at a school in Dubai. In January, she had two appointments at a government hospital and also had to take two days sick leave. She was absent for a total of four days. Her January salary was cut by six days. The reason given to her was that since she took off on a Wednesday, the following Thursday and Friday were deducted from her pay. The school authorities told her this was according to international labour law. Is this law in force in the UAE, and can the school authorities keep deducting from her salary? Can she complain about this to anybody?

The deduction from the salary of your sister-in-law is legal if it is made in accordance with the school's by-laws, approved by the Labour Department. Otherwise, it is illegal and your sister-in-law can submit a complaint.

Visit visa for parents
From: Bindiya Vaishnav, Dubai.

I have been working for a software company for the past six months and my husband is also working for a software company. He gets a salary of Dh4,000. Can he sponsor my parents on a visit visa? If so, what is the procedure?

Yes, your husband can sponsor your parents on a visit visa. All he has to do is to submit an application, supported by copies of his tenancy contract, employment contract your and your parents' passports and pay the fees.

Year-long ban stamp
From: J. Wilson, Dubai.

My brother, who was working with me in the same company for more than three years, went on his annual leave in July last year. Unfortunately, during that time, my mother fell seriously ill, and my brother decided to stay and look after her, while I worked here. He resigned from the company stating the reason. Two months later, my mother died. It has been more than six months since my brother left Dubai. I want to find him a new job in a new company here. Would his ban still be in effect? Would he be able to get a new visa from a new company?

In order for your brother to take on another job, his resignation must have been accepted by the original employer and his residence visa have been cancelled without a ban stamp. The original employer may have considered him an absconder, which would then have earned him a year-long ban stamp in his passport.