We are in the process of hiring a live-in nanny/house maid who is currently employed by a cleaning company. Her contract expires in January 2021 and we plan to transfer her visa to our sponsorship.
We have been told that her employer has been holding her passport for the past five years and they usually threaten to send the employees back to their home countries if they want to find another job. What can be done in this situation? TE, Abu Dhabi
The first issue here is regarding the passport. No employer is permitted to retain an employee’s passport without their permission. The UAE government has made its position regarding the retention of employee passports very clear and the legal department of the Ministry of Human Resources and Emiratisation (MoHRE) has advised that “retaining workers’ passports amounts to forcible work in violation of the International Labour Organisation Convention on the Abolition of Forced Labour, to which the UAE is a signatory”. Passports should only be held by an employer for a limited period when arranging, renewing or cancelling visas.
The second issue is the employer threatening to send an employee home if they want to work elsewhere. This is unfair and restrictive and is not how any employer should operate. No employer should prevent an employee from moving on and they certainly shouldn’t do so by means of threats. TE’s future employee should advise her current employer that she does not wish to continue working for them when the contract expires and that she wants her visa to be cancelled at that time.
The woman will have a 30-day grace period, during which she can legally remain in the UAE after visa cancellation. It may be useful for TE to notify the employer that he plans to take her on as a domestic employee and will be organising a visa as soon as possible. If the cleaning company continues to be obstructive, a case can be made against them with the MoHRE.
I have been working on an unlimited contract for a limited liability company for the past 15 years. Due to restructuring, I was terminated in June and completed my notice period in July. I have not been paid my end-of-service gratuity even though my visa was cancelled on October 2.
In September, we heard that the company was going into liquidation and would pay people who were terminated up to October, with no mention of those terminated earlier.
Am I entitled for the full end-of-service benefits as per UAE law or is there a different calculation if a company is liquidated? As I did not get my gratuity, should I take legal action? Would it be a long procedure? Is it necessary to appoint a legal representative or can I get any free legal assistance for the proceedings? PD, Dubai
People [must] not sign documentation to cancel visas before all payment due to the individual has been paid as this weakens a case
The legal situation can be a little different if an employer files for liquidation, so I referred your query to Danielle O’Brien, an associate at Horizons & Co law firm. She said: “I understand that your ex-employer has not yet filed for liquidation. Accordingly, you are due for full end-of-service benefits. Should your former employer file for liquidation, they are still legally obliged to settle labour matters as a matter of priority.
“If you have not received your gratuity, but have cancelled your visa, you can still pursue your rights before the Ministry of Human Resources and Emiratisation, but it will be significantly more complicated and chances of a successful outcome are greatly diminished. That said, if you have not cancelled your visa, it is likely that the MoHRE will be able to assist in reaching a swift and amicable settlement.”
This column regularly advises people not to sign documentation to cancel visas before all payment due to the individual has been paid as this weakens a case.
Ms O’Brien added: “Legally, you do not need a lawyer to represent you before the MoHRE or UAE onshore courts. However, it is recommended as all submissions made to the courts are in Arabic. Furthermore, as mentioned, if you have cancelled your visa without receiving your entitlements, the matter will be complicated, and it is recommended that you have legal counsel.”
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 specs
Engine: 3.8-litre twin-turbo V8
Power: 611bhp
Torque: 620Nm
Transmission: seven-speed automatic
Price: upon application
On sale: now
The specs
Engine: 4.0-litre V8 twin-turbocharged and three electric motors
Power: Combined output 920hp
Torque: 730Nm at 4,000-7,000rpm
Transmission: 8-speed dual-clutch automatic
Fuel consumption: 11.2L/100km
On sale: Now, deliveries expected later in 2025
Price: expected to start at Dh1,432,000
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
Which honey takes your fancy?
Al Ghaf Honey
The Al Ghaf tree is a local desert tree which bears the harsh summers with drought and high temperatures. From the rich flowers, bees that pollinate this tree can produce delicious red colour honey in June and July each year
Sidr Honey
The Sidr tree is an evergreen tree with long and strong forked branches. The blossom from this tree is called Yabyab, which provides rich food for bees to produce honey in October and November. This honey is the most expensive, but tastiest
Samar Honey
The Samar tree trunk, leaves and blossom contains Barm which is the secret of healing. You can enjoy the best types of honey from this tree every year in May and June. It is an historical witness to the life of the Emirati nation which represents the harsh desert and mountain environments
What is the FNC?
The Federal National Council is one of five federal authorities established by the UAE constitution. It held its first session on December 2, 1972, a year to the day after Federation.
It has 40 members, eight of whom are women. The members represent the UAE population through each of the emirates. Abu Dhabi and Dubai have eight members each, Sharjah and Ras al Khaimah six, and Ajman, Fujairah and Umm Al Quwain have four.
They bring Emirati issues to the council for debate and put those concerns to ministers summoned for questioning.
The FNC’s main functions include passing, amending or rejecting federal draft laws, discussing international treaties and agreements, and offering recommendations on general subjects raised during sessions.
Federal draft laws must first pass through the FNC for recommendations when members can amend the laws to suit the needs of citizens. The draft laws are then forwarded to the Cabinet for consideration and approval.
Since 2006, half of the members have been elected by UAE citizens to serve four-year terms and the other half are appointed by the Ruler’s Courts of the seven emirates.
In the 2015 elections, 78 of the 252 candidates were women. Women also represented 48 per cent of all voters and 67 per cent of the voters were under the age of 40.
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Results
Women finals: 48kg - Urantsetseg Munkhbat (MGL) bt Distria Krasniqi (KOS); 52kg - Odette Guiffrida (ITA) bt Majlinda Kelmendi (KOS); 57kg - Nora Gjakova (KOS) bt Anastasiia Konkina (Rus)
Men’s finals: 60kg - Amiran Papinashvili (GEO) bt Francisco Garrigos (ESP); 66kg - Vazha Margvelashvili (Geo) bt Yerlan Serikzhanov (KAZ)
Abu Dhabi Card
5pm: Maiden (PA) Dh 80,000 1,400m
National selection: AF Mohanak
5.30pm: Handicap (PA) Dh 90,000 1,400m
National selection: Jayide Al Boraq
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7pm: Wathba Stallions Cup Handicap (PA) Dh 70,000 1,600m
National selection: Noof KB
7.30pm: Maiden (PA) Dh 80,000 2.200m
National selection: EL Faust
The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
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The specs
Engine: 2-litre or 3-litre 4Motion all-wheel-drive Power: 250Nm (2-litre); 340 (3-litre) Torque: 450Nm Transmission: 8-speed automatic Starting price: From Dh212,000 On sale: Now
UAE currency: the story behind the money in your pockets
How to protect yourself when air quality drops
Install an air filter in your home.
Close your windows and turn on the AC.
Shower or bath after being outside.
Wear a face mask.
Stay indoors when conditions are particularly poor.
If driving, turn your engine off when stationary.
ANALYSTS’ TOP PICKS OF SAUDI BANKS IN 2019
Analyst: Aqib Mehboob of Saudi Fransi Capital
Top pick: National Commercial Bank
Reason: It will be at the forefront of project financing for government-led projects
Analyst: Shabbir Malik of EFG-Hermes
Top pick: Al Rajhi Bank
Reason: Defensive balance sheet, well positioned in retail segment and positively geared for rising rates
Analyst: Chiradeep Ghosh of Sico Bank
Top pick: Arab National Bank
Reason: Attractive valuation and good growth potential in terms of both balance sheet and dividends
Our legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants
The specs
Engine: 2.4-litre 4-cylinder
Transmission: CVT auto
Power: 181bhp
Torque: 244Nm
Price: Dh122,900
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
