Short-term visit visa is not extendable

I have an inquiry regarding a visit visa we have taken for my mother. My husband has sponsored her 30-day visa. She came here to assist me for the delivery of my child. I have just delivered a baby boy and want to know if we can extend her visa for at least 15 days. If she overstays, what will be the fine amount, and where shall we pay the amount? After paying the fine, will there be any blacklist against my mother if entering the UAE in the future?

The short-term visit is valid for 30 days only, starting from the arrival date and it is non-renewable. Therefore, short-term visit visas are not extendable at all. These instructions are clearly mentioned at the back of the visa. In case of overstaying, a fine of Dh100 per day will be imposed on her, payable at the airport. However, after payment of the fine, she will not be blacklisted. To be on the safe side, it is further advised to contact AMER service, regarding this issue, on 8005111, a 24-hour hotline for visa and naturalisation issues.

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I am currently employed in Qatar and have a Qatari residence visa. I have been offered a job in Abu Dhabi. The employer says that I have to cancel my Qatar visa/residence for him to apply for a work visa in the UAE or obtain an NOC from my employer in Qatar and a Police Clearance Certificate in Qatar. Is this information correct? I would prefer to get my UAE work visa/labour approval prior to resigning from my current job in Qatar.

Legally speaking, an NOC from a previous employer is a requirement of the UAE Labour Law, however, the UAE Labour Law is not applied in Qatar. In other words, Qatar, being an independent country, is not subject to the UAE law.

Therefore, you are not required to cancel your Qatar work visa/residence as per the UAE Labour Law. Your case will be dealt with like other employees who are hired from India, Pakistan or the Philippines, for example. In such a case, it is not required to submit an NOC from the employer back in India or Pakistan or the Philippines, or obtain a Police Clearance Certificate.

Having said so, it is worth noting that there are no clear cut rules on this subject, thus, it will be dealt with case to case. Sometimes the General Directorate of Residency and Foreigners Affairs (GDRFA) may require cancellation of other GCC visas depending upon the status and position of the employee. For instance, if he is applying for a driver’s post then the nature of the position to be held here in the UAE demands cancellation of the previous visa, as the employee would not be able to perform his duties here in the UAE and Qatar at the same time. On the other hand, if he is applying for a consultancy post, then it is possible for the employee to perform his duties here in the UAE and Qatar. In such a case, the same employee may keep both visas at the same time. In short, the UAE Labour Law does not require cancellation of Qatar visa if one wants to apply for a job here in the UAE, however, this matter will depend upon the visa status here in the UAE or the requirement of the new employer.

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My work visa is from Dubai for my position as an auditor. If at the time of resignation I have leave balance of 65 days (which I did not avail during my job), for how many days will I get cash in my final settlement: 65 days (total leave balance) or only 30 days?

The Federal Law No. 8 of 1980, (the “UAE Labour Law”) includes a number of provisions which aim at ensuring the physical and mental wellbeing of employees and boosting their productivity by granting them days for rest on certain occasions such as weekly, official and annual holidays.

Article 75 of the UAE Labour Law governs the annual leave of an employee. An employee is not entitled for annual leave if his employment period is less than six months.

However, if his employment period is more than six months but less than a year, he shall be entitled for an annual leave of not less than two days for each month. However, if the employment period is more than a year, he is entitled for 30 days annual leave. Therefore, the duration of annual leave shall not be decreased, as the right of annual leave is granted by the law. Article 75 states:

“The employee must be granted an annual leave during each year of service which may not be less than:

1. Two days per month in respect of any employee with more than six months and less than one year of service.

2. Thirty days per annum in respect of any employee whose period of service exceeds one year.

In the event of termination of an employee’s service he shall be entitled to annual leave for the fractions of the last year of service.”

The employer has the right to specify the beginning of the annual leave and he can divide the leave into two parts, when necessary, in order to ensure smooth operation of the organisation/company. Article 76 states:

“The employer may at his discretion determine the date for commencement of annual leave and, when necessary, he may decide to divide the leave in two parts at the most, except in cases of juveniles where vacation may not be divided in parts.”

In such an event, the leave may be forwarded to the next year, but it may not be suspended for more than two years and the employee will be entitled to sixty days annual leave in the next year if not paid in cash in lieu of leave for his working days.

Keeping in view the above two articles of the UAE Labour Law, you are entitled to 65 days of leave.

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