Does my employer have the right to deport me to my home country if I resign before completing the probation period of six months?
I am currently serving my fourth month of probation. I have given notice to resign and will work for 30 days. Will I be paid for this time?
I want to resign as I want to look for better opportunities but my employer is threatening to send me back to my home country. Is this legal? WB, Dubai
All employees are entitled to be paid for days worked, including if they have resigned during a probationary period.
If an employee chooses to resign, there can be consequences but an employer cannot simply arrange for deportation.
There can be a penalty for resigning during a probationary period and WB needs to be aware of this. If on a fixed-term contract, he can be penalised in accordance with contract terms and also receive an employment ban for failing to complete the contract.
There is no penalty for resigning on an unlimited contract and less likelihood of a ban, although this depends on the visa level and qualifications.
The employer has to request a ban and provide a reason for the request, but deportation is entirely separate.
If an employee chooses to resign, there can be consequences but an employer cannot simply arrange for deportation
Keren Bobker
Someone with an employment ban will need to return to their home country but will be able to re-enter the UAE once the ban has expired.
My wife and I recently stayed in a hotel in Ras Al Khaimah. The resort charged us a tourism tax in the final bill.
We are long-time residents of Abu Dhabi and not tourists. Can the hotel charge us this fee? BV, Abu Dhabi
Hotels across the UAE charge a number of official taxes, although there is some variation between emirates. The charges generally include a tax on the room rate, a service charge, a municipality fee, a city tax and also a tourism fee. This fee is common to all emirates, although the amount can vary. It is currently Dh20 per room per night in RAK.
This fee is payable by all patrons whether they are UAE residents or not, so the resort was right in charging BV at checkout.
Despite not getting my gratuity and annual leave payment from my employer, I signed papers to cancel my work permit because the company said I had to do so to process the cancellation.
Although the company promised to pay my dues by the evening I signed the document, I have not received anything to date.
The employer said they would also deduct the visa costs from the gratuity amount and charge me for the contract. How can I ensure I receive what I am rightfully owed? IK, Sharjah
The standard paperwork or letter that all employees are asked to sign for their work permit to be cancelled states that they have already received all money due to them.
As has been stated in this column many times, no one should sign this document unless they have been paid all that is owed to them.
Signing the letter without having been paid makes it harder to make a claim. No employer should ever force an employee to sign without having paid them in full.
In addition, the employer said they would charge IK for visa costs. This is illegal under the UAE Labour Law. The costs of all visas are the company’s responsibility and must not be passed on to the employee.
This is separate to applying a penalty for leaving service early when on a fixed-term contract. Even if a contract of employment states that an employee must reimburse an employer, it is an illegal clause and not enforceable.
This issue is covered in Ministerial Order 52 of 1989, Article 6a, which states: “An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited Labourer, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No (8)/1980 referred to herein”.
If IK is not paid what is due to him and the employer tries to deduct visa costs, he will need to register a case with the Ministry of Human Resources and Emiratisation if it is a mainland employer or at the dispute centre in a free zone. He will need to explain that the employer coerced him to sign the cancellation papers.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
As You Were
Liam Gallagher
(Warner Bros)
Series result
1st ODI Zimbabwe won by 6 wickets
2nd ODI Sri Lanka won by 7 wickets
3rd ODI Sri Lanka won by 8 wickets
4th ODI Zimbabwe won by 4 wickets
5th ODI Zimbabwe won by 3 wickets
Specs
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UAE currency: the story behind the money in your pockets
Remaining Fixtures
Wednesday: West Indies v Scotland
Thursday: UAE v Zimbabwe
Friday: Afghanistan v Ireland
Sunday: Final
Anxiety and work stress major factors
Anxiety, work stress and social isolation are all factors in the recogised rise in mental health problems.
A study UAE Ministry of Health researchers published in the summer also cited struggles with weight and illnesses as major contributors.
Its authors analysed a dozen separate UAE studies between 2007 and 2017. Prevalence was often higher in university students, women and in people on low incomes.
One showed 28 per cent of female students at a Dubai university reported symptoms linked to depression. Another in Al Ain found 22.2 per cent of students had depressive symptoms - five times the global average.
It said the country has made strides to address mental health problems but said: “Our review highlights the overall prevalence of depressive symptoms and depression, which may long have been overlooked."
Prof Samir Al Adawi, of the department of behavioural medicine at Sultan Qaboos University in Oman, who was not involved in the study but is a recognised expert in the Gulf, said how mental health is discussed varies significantly between cultures and nationalities.
“The problem we have in the Gulf is the cross-cultural differences and how people articulate emotional distress," said Prof Al Adawi.
“Someone will say that I have physical complaints rather than emotional complaints. This is the major problem with any discussion around depression."
Daniel Bardsley
UAE currency: the story behind the money in your pockets
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Fuel consumption, combined: 7.0L / 100km
Benefits of first-time home buyers' scheme
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Ferrari 12Cilindri specs
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Killing of Qassem Suleimani
F1 The Movie
Starring: Brad Pitt, Damson Idris, Kerry Condon, Javier Bardem
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Dust and sand storms compared
Sand storm
- Particle size: Larger, heavier sand grains
- Visibility: Often dramatic with thick "walls" of sand
- Duration: Short-lived, typically localised
- Travel distance: Limited
- Source: Open desert areas with strong winds
Dust storm
- Particle size: Much finer, lightweight particles
- Visibility: Hazy skies but less intense
- Duration: Can linger for days
- Travel distance: Long-range, up to thousands of kilometres
- Source: Can be carried from distant regions
How to keep control of your emotions
If your investment decisions are being dictated by emotions such as fear, greed, hope, frustration and boredom, it is time for a rethink, Chris Beauchamp, chief market analyst at online trading platform IG, says.
Greed
Greedy investors trade beyond their means, open more positions than usual or hold on to positions too long to chase an even greater gain. “All too often, they incur a heavy loss and may even wipe out the profit already made.
Tip: Ignore the short-term hype, noise and froth and invest for the long-term plan, based on sound fundamentals.
Fear
The risk of making a loss can cloud decision-making. “This can cause you to close out a position too early, or miss out on a profit by being too afraid to open a trade,” he says.
Tip: Start with a plan, and stick to it. For added security, consider placing stops to reduce any losses and limits to lock in profits.
Hope
While all traders need hope to start trading, excessive optimism can backfire. Too many traders hold on to a losing trade because they believe that it will reverse its trend and become profitable.
Tip: Set realistic goals. Be happy with what you have earned, rather than frustrated by what you could have earned.
Frustration
Traders can get annoyed when the markets have behaved in unexpected ways and generates losses or fails to deliver anticipated gains.
Tip: Accept in advance that asset price movements are completely unpredictable and you will suffer losses at some point. These can be managed, say, by attaching stops and limits to your trades.
Boredom
Too many investors buy and sell because they want something to do. They are trading as entertainment, rather than in the hope of making money. As well as making bad decisions, the extra dealing charges eat into returns.
Tip: Open an online demo account and get your thrills without risking real money.
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How to wear a kandura
Dos
- Wear the right fabric for the right season and occasion
- Always ask for the dress code if you don’t know
- Wear a white kandura, white ghutra / shemagh (headwear) and black shoes for work
- Wear 100 per cent cotton under the kandura as most fabrics are polyester
Don’ts
- Wear hamdania for work, always wear a ghutra and agal
- Buy a kandura only based on how it feels; ask questions about the fabric and understand what you are buying
