- A month ago, my brother was involved in a car accident where a person got seriously injured and was admitted to hospital. My brother was the driver. Although He is licensed to drive back home, he does not have a UAE driving licence. The police investigation found that it was my brother’s mistake and he has been jailed since. It has been more than a month now, but the prosecution is opposing his bail plea. I am ready to keep my passport as guarantee, but the prosecution does not agree. The prosecution has now forwarded his case to the traffic court. What penalty will the traffic court impose on my brother? In case the court sentences my brother to imprisonment, will it consider that my brother has already served time in jail?
Article 51 of the UAE traffic law stipulates that a person who drives a vehicle without a driving licence, or drives a vehicle he/she is not licensed to drive shall be jailed for up to three months, or fined up to Dh5,000, or both. Therefore, in case the traffic court imposes a prison sentence against the questioner’s brother, the time already served will be deducted from sentence.
Limited contract benefits
I worked in a company for three and half years on a contract for unlimited period. Six months ago, my labour contract was converted to a limited period for two years. My new labour contract is already attested by the Ministry of Labour. One month ago, I submitted my resignation. The employer accepted my resignation but refused to give my end of service gratuity for the reason that I broke my limited contract; he mentioned that according to the labour law, I am not entitled to end-of–service. My questions here are:
-Please clarify as per the UAE labour law, whether I am not entitled to any end-of-service compensation. It has been more than three years with the current employer working under a labour contract for unlimited period.
-My employer has refused to return my original certificates which were handed over to him at the time of joining work.
-Does the employer have the right to put ban on me?
Currently, the questioner is working on a limited labour contract, therefore limited contract rules are applicable only for him from the day he changed to the new contract. In this case the labour law does not entitle the questioner, who was working under contract for limited period, to claim for end of service and shall compensate the employer an amount equivalent to 45 days salary if the employer can prove the damages due to the breaking of the labour limited contract. The employee, as per the UAE labour law, is entitled only to due leaves pay which the questioner did not obtain. As per the Ministry of Labour rules, in case the employee breaks the limited labour contract, the employer has the right to request the ministry of labour to impose one-year work ban for the employee and the Ministry of Labour (Ministry of Human Resources & Emiratisation) will take decision in this regard.
Finally, as per the UAE Labour Federal Law No. (8) Article 125, an employer shall provide a worker, at the latter’s request and on the termination of his contract, with a certificate of termination of service, which shall be free of charge. It shall specify the dates of his entering and leaving the employer’s service, his total period of service, the nature of the work he has performed, his last remuneration and any bonuses he has received.
It shall also be the duty of the employer to return any certificates, documents and tools belonging to the worker.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
