Settle interpol case before returning to country

Question 1: A reader asks: I worked in Dubai for more than two years. Four months ago I went on annual vacation for a month and didn’t come back to the UAE due to financial problems. I have banks loans and I didn’t pay them.

My company called me to come back but I didn’t respond. It informed me that they were going to cancel my visa and place a ban on me if I didn’t come back within two weeks. My visa was due to expire in September 2013.

I learnt that one bank filed a criminal Interpol case against me and my name is blacklisted and I can’t enter the UAE again.

But my friends are now telling me I will not be able to go to any Gulf country or any other country due to the Interpol case made by the bank. So how can I pay my banks loans? I want to settle that amount and I want to finalise my problems and return to the UAE.

Answer 1: If you intend to repay the bank loans you may delegate someone to make the repayment on your behalf and take clearance from the banks in order to lift your name from the blacklist and Interpol list. Thus, you further may settle the matter with your company either by returning to work after you resolve the bank problem or by asking your company to cancel your residence legally to avoid violating the Labour Law as well as the law of the Department of Naturalisation and Residency in order not to get a long-term ban.

Labour death

Question 2: Questioner from Dubai asks: If an employee dies at work (an employment accident) and his service is more than three years how much is the amount due for the death and how is it calculated? Is it calculated as per the basic salary or as per the total salary? Who has the right to get the compensation in this case?

Answer 2: Federal Labour Law no 8 of 1980, article 149 states the following: “Where a worker dies as a result of an employment accident or an occupational disease, the members of his family shall be entitled to compensation equal to his basic remuneration for 24 months: Provided that the amount of compensation shall not be less than Dh18,000 or more than Dh35,000. The amount of compensation shall be calculated on the basis of the last remuneration received by the worker before his death. The compensation shall be distributed among the deceased worker’s dependents in accordance with the provisions of schedule 3 attached to this law.

For the purpose of the provisions of this article the expression “deceased worker’s family” means such of the following persons as were wholly or principally dependent for their subsistence on the deceased worker’s income at the time of his death;

A. the widow or widower;

B. the children, namely

1. Sons who are under 17 years of age, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or who are mentally or physically incapacitated from earning a living. The term “sons” includes the sons of the husband or of the wife who were in the deceased worker’s care at the time of his death;

2. Unmarried daughters, which term includes unmarried daughters of the husband or of the wife who were in the deceased worker’s care at the time of his death;

C. The parents;

D. The brothers and sisters, subject to the conditions prescribed for sons and daughters.

Public holiday

Question 3: I am an employee at a private company in Dubai; the company does not give employees official holidays such as public holidays, we only take Friday and one day only for the Eid holiday. My question here is what are the official holidays to be given to employees? Is the employer legally obliged to give such holidays or is it optional for him? Are these holidays paid or unpaid, most of our holiday which the company gives are deducted from our salary?

Answer 3: Federal Labour Law no 8 of 1980, article 74 states the following: “Each worker shall be entitled to official holidays with pay on the following occasions:

A. New Year’s Day (Hijri): one day;

B. New Year’s Day (Christian): one day;

C. Feast of Lesser Bairam: two days;

D. Feast of Greater Bairam and Eve of Greater Bairam: three days;

E. Birthday of the Prophet Mohammad (PBUH): one day;

F. Nocturnal Journey and Ascension of the Prophet Mohammad (PBUH): one day;

G. National Day: one day.

Therefore, the employee is entitled to such holidays as per UAE Labour Law.

Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants

For any legal queries and other related issues visit http://gulfnews.com/uaessentials/ask-the-law