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Wife can sponsor if salary is Dh10,000

My visa is from Dubai and I stay in Abu Dhabi. Recently my husband lost his job. Presently, we have a flat under my name and he is already here with me. Can I sponsor him?

A wife can sponsor her husband if she is working in a certain profession such as doctor, nurse, or teacher and can meet certain basic salary requirements. For those working in a different profession, the Dubai General Department for Residency and Foreigners Affairs will look into each application on a case-by-case basis. Therefore, it is suggested to make a petition to the Dubai General Department for Residency and Foreigners Affairs and they will decide on this request and pass its resolution of acceptance or rejection. In case of acceptance, the basic salary in such case shall be Dh10,000 or Dh9,000 plus accommodation.

End of service benefits

I have been working in a hotel for six years during which our manager allowed us to take an extra 15 days’ unpaid leave, along with our annual 30-day leave. However, we work an extra eight hours a week without overtime pay and no compensatory-offs during public holidays. When calculating my end of service benefits, he said he would deduct all the extra unpaid leave from my account for the past six years. Is this right?

If you have any documentary proof that these 15 days were made up, then you have the right to claim and count them in the end of service benefits. In the absence of any documentary proof, it will be calculated as per Article 132 of the UAE Labour Law, thus, the absence days will not be counted.

Article 132 of the UAE Labour Law states: “The employee, who has completed one year or more in the continuous service, is entitled to the end of service remuneration at the end of his service. Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows: (1) Twenty-one days’ pay for each year of the first five years of service. (2) Thirty days’ pay for each additional year, provided the entire total remuneration shall not exceed two years’ pay.”

Work ban

I worked as a mechanic at a private workshop in Sharjah on an unlimited contract. After about five months, the owner sold the workshop and the new owner reduced my salary. I lost interest in the job and resigned. I stayed in India for more than six months, returned to the UAE on a visit visa and found a good job. But, the PRO of the new company refused to apply for my employment visa saying it will not be approved as I did not complete two years with the previous employer. Is this right? Do I have to stay away till the two years are completed?

Under the UAE law, if an employee leaves a job without completing two years, the Ministry of Labour will impose a work ban for six months or for one year, if it is imposed by the employer, during which time the individual is not allowed to work in the UAE. Therefore, the ban duration is six months only if it is imposed by the Ministry, or one year if it is imposed by the employer. You do not have to stay outside the country for two years. Since you have completed six months duration you may join a new job in the UAE.

Exemption from ban

I have an MBA degree. I worked as a PRO with a company here for three months on a Secretary Visa. My company asked me to resign without any pre-notice grace period during the probation period. Is this right? Would I be liable to six-month ban? How may I avoid that?

During probation period, both employee and employer can terminate the contract. Therefore, it is valid for your employer to terminate the contract. Under the UAE law, if an employee leaves a job without completing two years, then the Ministry of Labour will impose a work ban for six months or for one year if it is imposed by the employer, during which time the individual is not allowed to work in the UAE. However, the Ministry the Cabinet Resolution No 25 of 2010 regarding internal work permit at the Ministry of Labour exempts the following three categories from the ban:

• In order to remove the ban, an employee must prove qualifications by presenting a duly attested educational certificate as mentioned herein (i) If an employee holds a university degree (Master’s), and earns a minimum salary of Dh12,000 per month; (ii) If an employee holds a diploma (post secondary) and earns a minimum salary of Dh7,000 per month; and (iii) If an employee has passed high school and earns a minimum salary of Dh5,000 per month.
• The contract is terminated due to the employer’s violation of legal and labour obligations towards the worker, or in case the worker has no role in terminating the work relationship.
• The employee is transferred to another company the employer owns or has shares in. Since, you are a Master’s degree holder and do not have any role in the termination of your contract, a six-month ban should not be applicable to you.

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 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.