I was sacked from my job during leave that was added to my maternity leave because I had post-natal anxiety.
The company claims that sacking me was down to a restructuring and change of job description. I sent a letter challenging the termination, claiming arbitrary dismissal as well as the potential breach of two employment laws.
In it, I demanded that they pay an additional two months’ salary and full sick pay entitlement as a form of compensation. My employer replied, saying they had every right to terminate my contract as I did not return to work at the end of my maternity leave.
There was a verbal agreement that I would resume work on January 31, after taking unpaid leave from January 17 to 30.
I was also pressured to work during my maternity leave and I have evidence of this. Can I make a claim against the company? JH, Dubai
While the new UAE Labour Law is very clear about dismissal while pregnant, in this situation, I asked for advice from Thenji Moyo, Dubai's legal director and head of employment for Gateley UK.
“An employer is not permitted to discriminate against an employee on the grounds of sex, pregnancy or maternity leave," she says.
"If the employee is able to prove that the real reason for her termination was based on her maternity leave, there is a potential claim for unlawful termination given that she has already filed a complaint seeking compensation.
“It would, however, be for the Labour Court to decide, based on evidence whether the termination was due to a genuine need to restructure or maternity leave.”
The UAE Labour Law, which came into effect on February 2, under Article 30 lists the rights and protection available for pregnant employees.
Article 30, Clause 8, says: “It is not permissible to terminate the service of the female worker or notify her of the same because of the pregnancy, having a maternity leave or her absence from work in accordance with the provisions of this Article.”
Meanwhile, Clause 6 says: “Being on a maternity leave or absent from work as mentioned in this Article shall not prejudice the female worker’s right to obtain the other leaves.”
This means that unpaid leave is an acceptable option if agreed to by both parties. This is covered in Article 33, which says: “The worker may, after obtaining the approval of the employer, have an unpaid leave, other than that referred to herein.”
I resigned from my job after working for a company for three years and three months. When I went to get my visa cancellation paper, the company made deductions from my salary and I was left with only Dh200.
My employer has also deducted “hiring fee” of Dh1,664 from my end-of-service settlement.
What can I do about this as I had made plans to use my final salary? JO, Abu Dhabi
I have written about this subject numerous times in previous columns.
Article 6 of the new Labour Law, which covers 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 makes it clear that the deduction of a “hiring fee” is not permitted.
An employer is not permitted to discriminate against an employee on the grounds of sex, pregnancy or maternity leave
Keren Bobker,
senior partner with Holborn Assets
In addition, the employer deducted sums for alleged damage to a vehicle and a camera, but these are well in excess of the amounts permitted by law.
Article 25 of the Labour Law, titled Cases of Deduction or Withhold from the Worker’s Wage, sets out what can and cannot be deducted from an employee’s salary.
"No amount may be deducted or withheld from the worker’s wage except in the following cases … Amounts deducted from the worker due to violations he commits, according to the regulation of penalties in force at the establishment and approved by the Ministry, provided that they shall not exceed 5 per cent of the wage," Clause 1 of Article 25 says.
“Amounts necessary to rectify the damage caused by the worker, as a result of his mistake or violation of the employer’s instructions, which led to the destruction, demolition or loss of tools, machines, products or materials owned by the employer, provided that the deducted amounts do not exceed the wage of (5) five days per month. It is not permissible to deduct an amount greater than that, except with the approval of the competent court,” it says.
The deductions in JO’s cancellation paper far exceed these figures, so he may immediately register a complaint with the Ministry of Human Resources and Emiratisation to request that he is paid what he is owed.
The toll free number is 800 60 or there is a chat facility on the Ministry’s website.
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
Know before you go
- Jebel Akhdar is a two-hour drive from Muscat airport or a six-hour drive from Dubai. It’s impossible to visit by car unless you have a 4x4. Phone ahead to the hotel to arrange a transfer.
- If you’re driving, make sure your insurance covers Oman.
- By air: Budget airlines Air Arabia, Flydubai and SalamAir offer direct routes to Muscat from the UAE.
- Tourists from the Emirates (UAE nationals not included) must apply for an Omani visa online before arrival at evisa.rop.gov.om. The process typically takes several days.
- Flash floods are probable due to the terrain and a lack of drainage. Always check the weather before venturing into any canyons or other remote areas and identify a plan of escape that includes high ground, shelter and parking where your car won’t be overtaken by sudden downpours.
Read more about the coronavirus
More on Quran memorisation:
The specs: Lamborghini Aventador SVJ
Price, base: Dh1,731,672
Engine: 6.5-litre V12
Gearbox: Seven-speed automatic
Power: 770hp @ 8,500rpm
Torque: 720Nm @ 6,750rpm
Fuel economy: 19.6L / 100km
Generation Start-up: Awok company profile
Started: 2013
Founder: Ulugbek Yuldashev
Sector: e-commerce
Size: 600 plus
Stage: still in talks with VCs
Principal Investors: self-financed by founder
More on animal trafficking
More coverage from the Future Forum
Killing of Qassem Suleimani
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
UAE currency: the story behind the money in your pockets
Nayanthara: Beyond The Fairy Tale
Starring: Nayanthara, Vignesh Shivan, Radhika Sarathkumar, Nagarjuna Akkineni
Director: Amith Krishnan
Rating: 3.5/5
What went into the film
25 visual effects (VFX) studios
2,150 VFX shots in a film with 2,500 shots
1,000 VFX artists
3,000 technicians
10 Concept artists, 25 3D designers
New sound technology, named 4D SRL
UAE currency: the story behind the money in your pockets
The Bio
Hometown: Bogota, Colombia
Favourite place to relax in UAE: the desert around Al Mleiha in Sharjah or the eastern mangroves in Abu Dhabi
The one book everyone should read: 100 Years of Solitude by Gabriel Garcia Marquez. It will make your mind fly
Favourite documentary: Chasing Coral by Jeff Orlowski. It's a good reality check about one of the most valued ecosystems for humanity
Best Academy: Ajax and Benfica
Best Agent: Jorge Mendes
Best Club : Liverpool
Best Coach: Jurgen Klopp (Liverpool)
Best Goalkeeper: Alisson Becker
Best Men’s Player: Cristiano Ronaldo
Best Partnership of the Year Award by SportBusiness: Manchester City and SAP
Best Referee: Stephanie Frappart
Best Revelation Player: Joao Felix (Atletico Madrid and Portugal)
Best Sporting Director: Andrea Berta (Atletico Madrid)
Best Women's Player: Lucy Bronze
Best Young Arab Player: Achraf Hakimi
Kooora – Best Arab Club: Al Hilal (Saudi Arabia)
Kooora – Best Arab Player: Abderrazak Hamdallah (Al-Nassr FC, Saudi Arabia)
Player Career Award: Miralem Pjanic and Ryan Giggs
In-demand jobs and monthly salaries
- Technology expert in robotics and automation: Dh20,000 to Dh40,000
- Energy engineer: Dh25,000 to Dh30,000
- Production engineer: Dh30,000 to Dh40,000
- Data-driven supply chain management professional: Dh30,000 to Dh50,000
- HR leader: Dh40,000 to Dh60,000
- Engineering leader: Dh30,000 to Dh55,000
- Project manager: Dh55,000 to Dh65,000
- Senior reservoir engineer: Dh40,000 to Dh55,000
- Senior drilling engineer: Dh38,000 to Dh46,000
- Senior process engineer: Dh28,000 to Dh38,000
- Senior maintenance engineer: Dh22,000 to Dh34,000
- Field engineer: Dh6,500 to Dh7,500
- Field supervisor: Dh9,000 to Dh12,000
- Field operator: Dh5,000 to Dh7,000
Mohammed bin Zayed Majlis
KILLING OF QASSEM SULEIMANI
More from Neighbourhood Watch
UAE currency: the story behind the money in your pockets
More from Neighbourhood Watch:
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
MATCH INFO
Uefa Champions League semi-finals, first leg
Liverpool v Roma
When: April 24, 10.45pm kick-off (UAE)
Where: Anfield, Liverpool
Live: BeIN Sports HD
Second leg: May 2, Stadio Olimpico, Rome
More from Neighbourhood Watch:
KILLING OF QASSEM SULEIMANI
The five pillars of Islam
57%20Seconds
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Rusty%20Cundieff%0D%3Cbr%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3EJosh%20Hutcherson%2C%20Morgan%20Freeman%2C%20Greg%20Germann%2C%20Lovie%20Simone%0D%3Cbr%3E%3Cstrong%3ERating%3A%20%3C%2Fstrong%3E2%2F5%0D%3Cbr%3E%0D%3Cbr%3E%3C%2Fp%3E%0A
WOMAN AND CHILD
Director: Saeed Roustaee
Starring: Parinaz Izadyar, Payman Maadi
Rating: 4/5
Types of bank fraud
1) Phishing
Fraudsters send an unsolicited email that appears to be from a financial institution or online retailer. The hoax email requests that you provide sensitive information, often by clicking on to a link leading to a fake website.
2) Smishing
The SMS equivalent of phishing. Fraudsters falsify the telephone number through “text spoofing,” so that it appears to be a genuine text from the bank.
3) Vishing
The telephone equivalent of phishing and smishing. Fraudsters may pose as bank staff, police or government officials. They may persuade the consumer to transfer money or divulge personal information.
4) SIM swap
Fraudsters duplicate the SIM of your mobile number without your knowledge or authorisation, allowing them to conduct financial transactions with your bank.
5) Identity theft
Someone illegally obtains your confidential information, through various ways, such as theft of your wallet, bank and utility bill statements, computer intrusion and social networks.
6) Prize scams
Fraudsters claiming to be authorised representatives from well-known organisations (such as Etisalat, du, Dubai Shopping Festival, Expo2020, Lulu Hypermarket etc) contact victims to tell them they have won a cash prize and request them to share confidential banking details to transfer the prize money.
