I am seeking advice regarding my visa and residency renewal charges, which are deducted by my employer from my salary. They do this to everyone but I have read that it is not allowed. I am working for a private company in Abu Dhabi. NK, Abu Dhabi
The actions of this employer are against the law and this has always been the case. It is also clearly stated in the new labour law.
Article 6 of the law, which covers the recruitment and employment of workers, says: “The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.”
This topic has also been covered in several ministerial decrees but the new law makes the situation very clear.
An employer also cannot include a clause in an employment contract that states that visa costs and residency renewal charges will be passed on to the employee.
It is illegal and will not be permitted in the official contract that is lodged with the Ministry of Human Resources and Emiratisation.
If an employer illegally charges this cost to workers, they can register a complaint against the company and request a refund via the ministry, either through a chat line on its website or by telephone on 800 665.
I joined my current employer on August 15, 2017, and plan to resign this summer. I believe the end-of-service benefit rises incrementally once that five-year threshold is crossed. I have heard that being on notice can negate registered service but there is a lot of conflicting information.
When is the optimum time to hand in my notice, after August 15 or a month beforehand? SV, Dubai
When the gratuity payment is calculated, it must cover the full period of service with an employer and that includes the notice period. The only exception is stated in Article 51.4, which says that any “unpaid days of absence from work shall not be included in the calculation of the service term”.
Under the old labour law, the gratuity was reduced if an employee resigned with fewer than five years of service but this is no longer the case.
When the new labour law came into effect last month, the rules changed. Anyone who has worked for more than a full calendar year is entitled to the end-of-service payment in full, without any deduction for resigning.
Should SV be employed by this company for more than five full years, only his basic income after the first five years is payable at the higher rate
Keren Bobker,
senior partner at Holborn Assets
The entitlement is stated in Article 51 of the law: “2. The full-time foreign worker, who completed a year or more in continuous service, shall be entitled to end-of-service benefits at the end of his service, calculated according to the basic wage as per the following: a. A wage of (21) twenty-one days for each year of the first five years of service; b. A wage of (30) thirty days for each year exceeding such period. 3. The foreign worker shall be entitled to a benefit for parts of the year in proportion to the period spent at work, provided that he completed one year of continuous service.”
Should SV be employed by this company for more than five full years, only his basic income after the first five years is payable at the higher rate.
I have problem with my company, which terminated me by saying “probation failed”. I want to know what my rights are and if there is anything I can do about it. JW, Sharjah
A probation period is essentially a legal trial period and it allows either the employer or the employee to cancel the agreement without serious consequences. If the employer does not wish to retain an individual, they can terminate their employment without giving a reason.
Article 9.4 of the labour law states: “The employer may terminate the service of the worker during this period after notifying the latter of the same in writing fourteen (14) days at least before the date specified for the termination of service.”
The change in the new labour law means that the employer must now give notice of termination to the employee during the probation period, which was not the case previously. The employee must be paid in full for the time worked and during the 14-day notice period as well.
If an employer fails to give notice, “it shall pay to the other party compensation equal to the worker’s wages for the notice period or the remaining period of the notice period”, Article 9.5 of the labour law says.
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
Dubai World Cup nominations
UAE: Thunder Snow/Saeed bin Suroor (trainer), North America/Satish Seemar, Drafted/Doug Watson, New Trails/Ahmad bin Harmash, Capezzano, Gronkowski, Axelrod, all trained by Salem bin Ghadayer
USA: Seeking The Soul/Dallas Stewart, Imperial Hunt/Luis Carvajal Jr, Audible/Todd Pletcher, Roy H/Peter Miller, Yoshida/William Mott, Promises Fulfilled/Dale Romans, Gunnevera/Antonio Sano, XY Jet/Jorge Navarro, Pavel/Doug O’Neill, Switzerland/Steve Asmussen.
Japan: Matera Sky/Hideyuki Mori, KT Brace/Haruki Sugiyama. Bahrain: Nine Below Zero/Fawzi Nass. Ireland: Tato Key/David Marnane. Hong Kong: Fight Hero/Me Tsui. South Korea: Dolkong/Simon Foster.
How it works
Each player begins with one of the great empires of history, from Julius Caesar's Rome to Ramses of Egypt, spread over Europe and the Middle East.
Round by round, the player expands their empire. The more land they have, the more money they can take from their coffers for each go.
As unruled land and soldiers are acquired, players must feed them. When a player comes up against land held by another army, they can choose to battle for supremacy.
A dice-based battle system is used and players can get the edge on their enemy with by deploying a renowned hero on the battlefield.
Players that lose battles and land will find their coffers dwindle and troops go hungry. The end goal? Global domination of course.
Reputation
Taylor Swift
(Big Machine Records)
UPI facts
More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions
Set-jetting on the Emerald Isle
Other shows filmed in Ireland include: Vikings (County Wicklow), The Fall (Belfast), Line of Duty (Belfast), Penny Dreadful (Dublin), Ripper Street (Dublin), Krypton (Belfast)
Killing of Qassem Suleimani
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KILLING OF QASSEM SULEIMANI
FIGHT%20CARD
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Water waste
In the UAE’s arid climate, small shrubs, bushes and flower beds usually require about six litres of water per square metre, daily. That increases to 12 litres per square metre a day for small trees, and 300 litres for palm trees.
Horticulturists suggest the best time for watering is before 8am or after 6pm, when water won't be dried up by the sun.
A global report published by the Water Resources Institute in August, ranked the UAE 10th out of 164 nations where water supplies are most stretched.
The Emirates is the world’s third largest per capita water consumer after the US and Canada.
Stree
Producer: Maddock Films, Jio Movies
Director: Amar Kaushik
Cast: Rajkummar Rao, Shraddha Kapoor, Pankaj Tripathi, Aparshakti Khurana, Abhishek Banerjee
Rating: 3.5
The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
Read part three: the age of the electric vehicle begins
Read part one: how cars came to the UAE
What's in the deal?
Agreement aims to boost trade by £25.5bn a year in the long run, compared with a total of £42.6bn in 2024
India will slash levies on medical devices, machinery, cosmetics, soft drinks and lamb.
India will also cut automotive tariffs to 10% under a quota from over 100% currently.
Indian employees in the UK will receive three years exemption from social security payments
India expects 99% of exports to benefit from zero duty, raising opportunities for textiles, marine products, footwear and jewellery
Janet Yellen's Firsts
- In 2014, she became the first woman to lead the US Federal Reserve
- In 1999, she became the first female chair of the White House Council of Economic Advisers
'Jurassic%20World%20Dominion'
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Mohammed bin Zayed Majlis
