I have been working as a nurse in a private clinic for six years. I am pregnant and due to give birth in June. I would like to know about my maternity benefits. If I use my maternity leave, which as per law I am entitled for 45 days, will I still be able to avail of my 30 days annual vacation?

According to article 30 of the UAE Labour Law you are entitled to maternity leave with full pay for a period of 45 days. These 45 days include the period preceding and the period following confinement. Furthermore, according to the same article of law, this leave shall not be deducted from other periods of leave, which means you still have your annual leave.

Work permit

My wife is under my sponsorship and is working with a work permit in a private pharmacy as pharmacist. Two years ago, she had an unlimited contract and now they have turned it to a limited one. She has now completed three months under the limited contract. I would like to know if will she be liable to any labour ban if she took up another job. Will she have to pay any compensation to the pharmacy?

Regarding the labour ban you will have to check with the Labour office, as she is sponsored by you and not by her employer.

In terms of the termination of her contract, as per article 116 of the UAE Labour Law, she shall be required to compensate the employer for any prejudice he may sustain as a result of the termination, provided the amount of compensation does not exceed half the worker’s remuneration for three months or the residual period of the contract whichever is lesser, unless the contract contains a provision to the contrary. Additionally, according to article 113, the employment agreement can be terminated if both parties accept to terminate it. This can be done by submitting a resignation to the employer and giving a notice period of 45 days.

Notarised documents

My brother was recently selected to work in the HR department as an assistant. He is a post graduate from the UK. The company has asked him to verify his degree from the UAE embassy in India, but the embassy informed us that only the UAE embassy in the UK can verify the degree. I informed the manager, and he said they will apply for the employment visa of a clerk and when he comes to the UAE after verification from the UK, his designation can be changed, and the new visa can be issued. Is this legal?

Yes, the employer has the right to ask for duly notarised documents that proves your qualifications. Therefore, you have to attest the certificate from the country of origin (where these documents were issued), then verify these attestation in the UAE embassy at that country. After that, in the UAE you should verify the UK authorities attestations in the UK embassy and the UAE embassy attestation in the Ministry of Foreign Affairs.

Regarding the legality of the designation, such issues are decided mutually. Hence, your brother can accept to be hired as a clerk if he wishes to do so or reject the offer and wait until all the documents are duly notarised.

Company ban

My son-in-law was working as an Assistant Sales Manager with a company registered at the Hamriya Free Zone in Sharjah. He has completed only nine months with this company and has now been terminated. The addendum to the employment contract issued by the Hamriya Free Zone states that if the employment contract is terminated, the employee is not allowed to work with the company’s competitors for at least two years. Is this restriction applicable even if the employee is terminated?

Since the employment agreement is a mutually agreed upon contract, any of its conditions are applicable. This is also applied to the addendums to the conditions of a contract. Hence, such condition is applicable, whether the termination was by the employer or by a resignation from the employee.

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Nasser Ahmed Al Osaiba is an Emirati Partner and Lawyer at Global Advocates and Legal Consultants, legal member in the Rent Dispute Committee, Umm Al Quwain, with a Master’s Degree in commercial law, Melbourne University, Australia. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Compiled by Ahmed Shaaban

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