My father absconded and ...

I applied for a bank university credit card under my father’s sponsorship in 2008 when I was 18.

My father only gave an NOC, and the card was issued under my name. The card limit was just Dh4,000 as it was a student card. The card was used by my father in 2008, but I was unaware as I was just a student then.

My father made the last payment of Dh3,000 before absconding and leaving the UAE. Since then, I have not had any relation with my father due to personal reasons. In the beginning I had got some SMS and calls from the bank with regards to pending payment.

I then got no bank notifications for four years. However, I received a call yesterday informing me that the outstanding amount has increased to Dh15,000 due to late payment and interest fees. I cannot pay that sum as I am unaware of what happened and I have never issued any cheque against my name to the bank. I do not have any credit card or loan in the country. Now the bank is threatening to file case against me. Please advise.

A: The card is in your name, therefore, you are responsible for the way it is being used. You are also responsible of paying the dues. However if the dues are disputed, the court can decide the right outstanding. Otherwise, you will have to settle this issue amicably with the bank.

Labour ban

Q: I am an Indian graduate working for a company in Sharjah since the last two years and eight months. My three-year contract is limited. I want to move to another company and cancel my current job visa. Is there a way to lift the labour ban by paying a fee?

A: Usually, the employer has the right to ask for a ban if the employee decides to resign before the end of the limited employment agreement. If the labour ban was imposed as a result of an employer’s request, wait until the contract period ends. He cannot impose a ban on your visa then.

Adopted child

Q: Is it legal to bring an adopted a child from India to the UAE by Indian nationals? What are the legal formalities to adopt and bring a child to UAE?

A: Adopting a child is legal, bearing in mind that the adoption should be proved by a formal document from India. Furthermore, you have to check the required formalities by the General Directorate of Residency and Foreigners Affairs in order to avoid falling under the Human Traffic Law.

Limited contract

Q: I am working on a limited contract in a contracting company in Abu Dhabi. My employer has informed me to look for another job. Am I eligible for the end of services benefits? How are they going to calculate my benefits since I joined the company more than 30 months ago, though as per the contract it is 24 months?

You are eligible to your end of service benefits unless there was a breach from you as explained in article 120 of the UAE Labour Law. According to articles 115, 131 and 132 of the UAE Labour Law, the end of service benefits of a limited contract, in case the employer terminated the agreement, are calculated as follows:

1. If the contract has not been completed, then the employer has to compensate the employee by paying no more than the aggregate remuneration due for a period of three months or the residual period of the contract whichever is shorter.

2. The employer has to defray the cost of returning you to the district from which you were recruited or to any other place agreed upon between both of you.

3. The gratuity is calculated as 21 days remuneration for each year of the first five years.

End of service benefits

Q: I have been working for a contracting company for 14 years. A few years ago, one of the partners left the company and never came back. The other partner took the court permission to run the company with the help of a court guardian. The partner who went away sent his brother with a power of attorney to lodge a complaint against the existing partner. A verdict is expected this month. The existing partner wants to close the company and asked me to stay till the verdict is issued. Can I claim my end of service benefits?

Sure you can. You are eligible to all your end of service benefits until the last day you report to work. Your end of service should be calculated as follow: (1) 21 days salary for each of the first five years, (2) 30 days salary for the years which you have worked after the fifth year, and (3) Your leave salary in case you did not avail of your leave. However, this is limited to only the last two years.

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, Dubai PO Box 11243.

Compiled by Ahmed Shaaban

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