Ask The Law - October 17, 2003

Gulf News Readers' queries answered by Dr Mohammed Khalifa Al Mualla of International Legal Consultancy

Ministry move to increase maternity leave period is still a proposal

Suggested hike in number of days has to be cleared by cabinet, FNC and Supreme Council to become law


Maternity leave
Grace Apostol in Dubai asks: "I understand that maternity leave for expatriates has been increased to 60 days paid leave. Could you confirm if this is correct?"

No, the maternity leave for expatriate women is still 45 days. However, the Ministry of Labour and Social Affairs has submitted a proposal to increase this leave period to 56 days. The proposal needs to be passed by the Ministry of Justice, Islamic Affairs and Awqaf, as well as the Cabinet, the Federal National Council and the Supreme Council before it becomes a law.


Residence visa
Amir Saifeldin asks: "I had a residence visa in Sharjah that expired in November 2001 and had left the UAE before that, not knowing that the visa should be cancelled on the passport. As a result my request for a transit visa was denied when I tried to visit the UAE last year. I have sent my passport to a friend in the UAE but he couldn't find my sponsor and his company. What can I do to cancel my visa, especially considering that my company here is planning to send me on some courses in Dubai."

In accordance with the regulation of the Immigration & Naturalisation Department, if an expatriate stays out of the UAE for more than six months at a time, his residency visa is automatically cancelled. To pursue the cancellation procedures, advise your friend to approach the Immigration and Naturalisation Department and the Labour Office in this regard.

Sponsoring a maid
Juliana Loreno of Dubai asks: "I would like to know if it is possible to sponsor an Indian maid as I believe I meet the salary requirement."

According to the Council of Ministers' Resolution Number 9 of 1995, Article 2, an expatriate who receives a monthly salary of at least Dh6,000 may sponsor a male or female domestic worker, provided he pays an annual sum to the State Treasury equivalent to the domestic workers' annual salary and not less than Dh400 per month.


Gratuity entitlement
Faizal asks: "How do you calculate the gratuity entitled to employees? Are there any example calculations or rules that you can provide."

The rules regarding the calculation of gratuity for employees as mentioned in the Federal Law Number Eight of 1980 in the following Articles are as mentioned below:

Article 132 states: An employee who completes one year or more in continuous service shall be entitled to gratuity at the end of his service.

The days of absence from work without pay shall not be included in calculation of the length of service and the gratuity shall be computed as follows:

* 21 days' wage for each year of the first five years.

* 30 days' wage for each additional year provided that the total of the gratuity shall not exceed the wages of two years.

Article 134 states: Without prejudice to what is stipulated by some laws regarding granting of pensions or retirement benefits to employees in some establishments, the gratuity for those who are paid monthly, weekly, or daily wages shall be calculated on the basis of the last wage paid to the employee and on the basis of the average of the daily wage for those who are paid according to piece work.

The wage taken as a basis for calculating gratuity shall not include what is given to the employee in kind as well as the housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, currency exchange (cashier) allowance, children's education allowance, social and entertainment allowance or any other allowances.

Article 135 states: The employer may deduct from the gratuity any amounts of money owed to him by the employee.


Relationship rules
A Sharjah reader asks: "My friend has recently moved to Dubai to live with her boyfriend. He is married in his home country and I am not sure his wife and family know about the situation. Would there be a penalty if they were questioned about their cohabitation? What does the law say about boyfriends and girlfriends sharing the same apartment? My friend is a little worried but her boyfriend tells her it is alright since he isn't married in the UAE. Can you put her straight?"

The UAE is a Muslim country and the laws are restricted by Sharia principles. A male and a female may not live together unless in accordance with the UAE laws and cohabitation is an offence. Whatever their religion, nationality or culture, if they are arrested, they will face a charge of living together with no legal relationship.