Legal View by Samir El Azrak

Samir El Azrak represents Al Moutawaa Wa Al Azrak, Advocates and Legal Consultants. Readers may e-mail their questions to ktedit@emirates.net.ae or send it to Khaleej Times Dubai P.O. Box 11243.

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Published: Sun 16 Jul 2006, 10:45 AM

Last updated: Sat 4 Apr 2015, 7:12 PM

About leave salary rights

I am working in a private company in Ajman since June 29, 2002 and signing the attendance register from that date onwards. But during the first year (2002- 2003), I was on another company's visa (the old company owner had absconded) and later I got my release. Do I get four years' leave salary and gratuity?

Having had a waiver, which gives you the right to transfer your sponsorship or work with another employer, does not mean you can not claim your entitlements against the last period unless you have already signed a declaration that you received all your dues when requesting the waiver or sponsorship transfer.

Regarding the pending payment against your leave balance, you can claim a maximum of two years unless you have already encashed it.

End of service benefits

I am a professional working for a trading company for about nine years. I have just got a job in my home country and have hence resigned giving a month's notice as specified in the labour contract. My boss has acknowledged my resignation letter by signing and giving me a copy of the same. The company has yet to pay my end-of-service benefits.

As long as your company has not objected to the resignation you submitted or refused it, you are entitled to claim all your entitlements, including your end-of-service gratuity, leave balance, and pending salaries. It is recommended or even necessary for your company to cancel your sponsorship, and give you all your entitlements. Otherwise, you can lodge a complaint in this regard with the Ministry of Labour. It can declare you as absconder in case you work for another company or leave the country. Your family sponsorship must be cancelled as well.

It is not possible to predict the duration to have your wrangling brought to a close. Nonetheless, you can practise any other activity since your old company did not object to your resignation.

Claim to dead husband's property

My friend had three brothers living in Abu Dhabi. One of them died about six months ago. The widow gave her passport and an ATM card of her husband and credit card to my friend to withdraw the money and pay back the debts. My friend came back to the UAE and did as instructed. The lady later filed a case in Pakistan against my friend and his other brothers that these people had robbed her of her money. The brothers have offered her 50 per cent of all her husband's property and 50 per cent they want to give to the old aged parents but she insists to come back to the UAE and file the case.

As far as I understand, your brother has received the credit card of his deceased brother, and used it in encashing all his entitlements at the said bank. This is legally unacceptable even if authorised or procurated by the late brother's wife. He is not entitled to use his dead brother's credit card, which has expired upon his death.

Yet, he has to bring witnesses to prove his good intention, and that his brother's wife has empowered him to do so. Yet, he is still to shoulder responsibility.

The suit his brother's wife has filed before the Pakistan Courts is to be turned down as procedures, since it falls outside the realm of their jurisdiction. Dubai Courts are to hear the case instead, since the violation was committed here in Dubai.

The law-breaker brother has to keep all the documents that prove his innocence, good intention, and that he paid back all his brother's debts. This is to be sustained before civil courts, yet disapproved at criminal courts.

As for the cancellation of the wife's sponsorship, it is legally acceptable, since it is already annulled by her husbandís death. However, he has to give her passport back. The wife has to hand her late husband's passport to the concerned bodies to avoid any misuse.

She can only claim her share of all the legacy, not all of it as per the doctrinal certificate asserting the brother's death and clarifying the shares of the legatees.

- Compiled by Ahmed Shaaban



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