Leave Salary
A reader in Dubai asks: I’m working in a factory as an engineer in Dubai. Two years ago I was recruited in a factory as a trainee with a lower salary and later towards the end of the first year I passed the required examination and accordingly my salary was increased. As per the labour contract I’m entitled to take two months’ leave with pay every two years. After two years of continuous employment, my annual leave is now due and I applied for annual leave. My factory accountant calculated my leave salary as below:
For the entitled annual leave in the first year of service the accountant applied the first year lower salary, and for the entitled annual leave in the second year the accountant applied the revised new salary.
When I asked for the clarification on this calculation, the accounts department replied saying this is the labour law applicable in UAE. Can you give me a correct answer as per the UAE labour law on the above issue to solve my problem? My air ticket was not mentioned in my labour contract but I got a letter saying that the factory is providing my air ticket but they are not ready to give it as well. They are saying that the air ticket is not mentioned in my labour contract.
The labour law shall include the last basic salary due to the worker in the calculation of the respective annual leave in accordance with the provisions of the competent courts in this regard. Finally the questioner is entitled for air ticket whether it is mentioned in the labour contract or not as long as the questioner having a letter from the employer that he is entitled for the air ticket.
Police action
A reader asks: I am working with one company and I have a credit card and personal loan from the bank. Due to a financial problem my company is facing I got terminated. In my credit card I am paying the credit and the personal loan monthly and when I took the loan, the bank deducted some amount for the insurance. Monthly I pay them along with main loan. Now I don’t have job and money to pay my loan. I called the insurance company to ask them to pay my loan as agreed but they are rejecting. I also ask the bank to take the remaining balance amount from the insurance company but they are rejecting and forcing me to pay otherwise the bank will file a police case if I stop the monthly payment. Please advise.
Is it possible to force the insurance company to pay the remaining payment as per the UAE law?
I would like to clarify to the questioner that he may view the insurance contract related to debt. If the insurance contract contained a clause saying that the insurance company shall pay the balance of instalments in case the questioner lost his job, in this case, the questioner may demand the insurance company to pay the balance of instalments and to file a civil case against the bank and the insurance company in case there is no amicable settlement with them.
Abusive husband
I got married in 2012. I came to Dubai on my husband’s sponsorship. He didn’t treat me well. He forced me to work saying that the cost of living here is too high. I used to give all my salary to my husband. He subjected me to mental and physical abuse. Four month ago I left Dubai because my husband used to beat me a lot. Please advise me.
1. Can he cancel my residence visa without having my passport?
2. Can he put me in the list of absconder?
3. Can I get all my salary back from him?
4. What are the formalities in regards to my company?
5. I also did not take three months’ salary and my other rights from my company. My job contract was a two-year limited contract, but it was on husband’s sponsorship. Please advise me. From the legal point of view, what actions can my husband and company take against me, for leaving Dubai.
Leaving the UAE in this way is contrary to the labour law as well as the Naturalisation and Residence Law, as the husband may ask the Naturalisation and Residence Department to cancel the residence by the copy of passport after submitting the related application describing the incident. He may ask the said department to put up an absconder notice, as well as ask them to impose ban on the questioner and the department will verify this request since you left the UAE this way. As for the company, it may file a complaint before the ministry of labour on the basis that you had left work and violated the limited employment contract, and it may also cancel your labour card which will subject you to legal accountability if you wanted to enter the country again. You will also lose outstanding salaries or right with the company. Therefore, I advise the questioner to make sure the above mentioned procedures were not taken against her, if not, I advise her to return to the country to avoid any legal accountability, and upon arrival to file a complaint with the police regarding the assault by the husband and if this case has been proved, the public prosecution will forward the case to the criminal court. Besides, the questioner may file a family status case before Dubai Sharia Court. These are the steps she needs to take.
Ask the Law questions are replied by Advocate Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
Compiled by Bassam Za’za’, Legal and Court Correspondent
