Ask the Law questions are replied by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
Employer’s Rights
Question 1: Questioner asks: I’m the owner of a clinic in Dubai under the ministry of labour law; one month ago I imposed a fine on one of my staff by deducting salary for one week because he used to come late almost every day by one hour and also for other violations but he says if we make deductions from his salary, he is going to submit his resignation and inform the labour office about that. My questions are 1) Is the employer entitled under the labour law to deduct the employee’s salary in case of violation and what is the maximum deduction? 2) What are the other penalties that the employer may apply to the employee in case of violation in accordance with the Labour Law? 3) Do I have the right to fine the employee in case of violation? Please advise in detail as per the UAE labour law.
Answer 1: I would like to clarify to the questioner that article No 102 of the Federal Labour Law No 8 of 1980 states: “The disciplinary measures that an employer or his representative may impose on the workers shall be as follows:
1. Warning
2. Fine
3. Suspension from work with reduced pay for a period not to exceed 10 days
4. Denial or deferment of periodical allowance, in firms applying such a scheme
5. Denial of promotion, in establishments applying a promotion scheme
6. Dismissal without prejudice to severance pay
7. Dismissal with denial of all or part of the severance pay. This penalty may not be imposed for reasons other than those exclusively specified in Article 120 hereof.
As for the question on the maximum fine, based on Article No 104 of the same law which mentioned the following; A fine may be expressed in terms of a specific amount or an amount equal to the worker’s remuneration for a specific period, the fine prescribed in respect of any one offence shall not exceed five days’ remuneration and it shall not be lawful to deduct more than five days’ remuneration in any one month from a worker’s remuneration in payment of fines imposed on him. Finally, I would tell the questioner that, as per the law, such a penalty may only be applied after conducting a written investigation with the employee and notifying the latter of such penalty in writing.
Dual Passport
Question 2: Questioner from Dubai askss; I first came to this country two years ago with a Pakistani passport. My residency is on that passport and is going to expire next month. I have a British passport as well. For the last two months I have started my own business and want to use my British passport for my new residence visa. Can you tell me if it will be a problem with Dubai’s Residency and Foreigners Affairs Department that I do not have an entry stamp on my British passport? Do I need to leave the country and re-enter, and do I need to cancel the residence visa on my Pakistani passport? Please advise.
Answer : I would like to clarify to the questioner that he may apply to the Dubai’s Residency and Foreigners Affairs Department presenting both his passports to renew his visa as per the conditions followed in this regard and ask them to stamp the visa in a British passport. Thus, such a process will be done without the need to leave the country.
Visa Cancellation
Question 3: I am working in a private company here in Dubai. I have completed two years with my company. My contract is for an unlimited period. I want to go back home due to a personal emergency and my employer wants to start the visa cancellation process only after I complete the two-month notice period which is mentioned in my labour contract. But I need to go home as soon as possible. 1. Is there any possibility of cancelling my visa before completion of my notice period? 2. What is the labour office punishment in case I do not work the notice period? Is there any exception in case of emergencies similar to my case? Please advise.
Answer 3: I would like to clarify to the questioner that the employer is entitled by law to oblige the employee to work within the notice period or to exempt him from working within the same, and this shall be applied if the contract is for an unlimited period. In the event of non-commitment by the employee to work within the said period, the Ministry of Labour might impose a ban on the employee as per the employer’s request. If the employer refuses to exempt the questioner from working within the notice period as well as cancel his visa amicably, the questioner may file a complaint with the Ministry of Labour and provide proof of the emergency and then ask them to cancel his residence visa immediately on humanitarian grounds. The Ministry of Labour will issue an appropriate decision in this regard; the Ministry of Labour might ask the questioner to compensate the employer for non-commitment to work within the notice period in order to settle his problem amicably.
