Contract is law for parties involved

I am working on a commission basis in one of the insurance firms in Dubai. As per the contract of employment, the company gave me a fixed monthly allowance for the first three months to be deducted from my commission against the business I am supposed to do later. Since I have not generated any business, it is not possible for me to continue with the company without any salary. I want to quit, but the company is asking for the money they gave me for the last three months. Please advise.

As a general principle, a contract is the law for the contracting parties. Therefore, all dealings between the parties will be subject to the terms and conditions mentioned therein. Also, it is pertinent to note that as per the UAE law, no single party has the right to amend or terminate any provision of the contract except by mutual consent. Therefore, the termination of your employment contract and paying back the monthly allowance in the event of early termination will be governed by the provisions of your employment contract. Therefore, it is suggested that you review your employment contract carefully.

Wife’s sponsorship

I currently work for an oil company in Abu Dhabi with a monthly salary of Dh10,000 plus accommodation. My husband is also working in Abu Dhabi and his employment visa will expire this year. He has decided to quit so that he may find a better job, but got no response from his company. Can I sponsor him and issue him a residence visa while waiting for a suitable job? What about my three-year-old child? I am five months pregnant now. What are the requirements needed to get approval from the Immigration Department in Abu Dhabi to sponsor my husband and kids?

As per the current regulation imposed in Abu Dhabi, expatriate women who work in a “rare or important specialisation, such as engineering or education, or nurse or any other profession related to the medical sector and has a salary not less than Dh10,000 or Dh8000 plus accommodation”, can apply for visas for her family members, provided the sponsorship requirements are met. Since your profession does not match the above, you should check it with Department of Naturalisation and Residency which may deal with the issue on a case by case basis.

Generally speaking, a daughter of any age could be sponsored; however, a son can be sponsored only if he is below 18 years of age. Furthermore, you will be required to produce your marriage certificate. You don’t have to do anything until the birth of your new baby. You must apply for a residency visa for a newborn baby within 120 days of his/her birth.

Driving licence

I am an expatriate working in Abu Dhabi as a teacher. I lost one eye in a road accident 15 years ago. However, I have no problem doing my work or driving. Can I apply for a driving licence in Abu Dhabi? Is there any restriction for such cases?

As a general principle, all drivers must ensure that they have an adequate field of vision. A field of vision is the entire area that can be seen without moving the eye. To meet the standards for driving, one’s peripheral (side) vision must be a specific width and one must not have any significant defects in the centre of the field of vision.

A person with total loss of sight in one eye must not have any defect in the visual field of the remaining eye.

Article 125(2) of the UAE Federal Law No 21 of 1995 governs the medical and fitness requirements of a driver in these words: “He shall submit a medical report written by a governmental doctor or any doctor agreed upon by the Licensing Authority, proving his physical ability to drive a mechanical vehicle, allowing to wear medical glasses or to put contact lenses for the vision’s correction in a way that makes him meet the requirements of the physical ability.” Keeping in view the above explanation, we advise you to contact the relevant authority or an eye specialist to determine the visual field of your remaining eye.

— Compiled by Ahmed Shaaban

Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Legal Consultants, with a Master’s Degree in International Commercial Law, University of Hull, Kingston-upon-Hull, England.

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