Wife’s job won’t affect husband’s allowances

Wife’s job won’t affect husband’s allowances

My husband works for the Abu Dhabi Government and I work for a free zone company in Dubai. His contract states that his company will pay for the annual ticket for himself and his authorised dependents. I am sponsored by my company. Is there a rule or a law that states that my husband is not entitled to claim for my airfare from his company? His company provides an allowance in this regard. He was also told that since I am working, his pay will be deducted with the amount of allowances I am receiving from my employer. Is this valid? Are there any laws/rules to this effect?

The relationship between your husband and his employer is governed by the labour agreement. If the agreement creates rights or obligations on your husband or on his employer they have to adhere to that agreement. Hence, your husband has the right to claim all his rights in the agreement.

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End-of-service benefits

I work for a large multinational non-free zone company. My employer recently gave me a 30-days notice of termination from my unlimited contract. I guess the reason is that I told my company in writing four months ago that I was considering pursuing a Master’s degree in my home country if I was accepted. They said they had already hired a replacement though they were very happy with my performance. Is such a termination legal? If not, what should I do? What are my end-of-service benefits?

Firstly, according to article ‘117’ of the UAE Labour Law, this termination is in comfort with the labour law. Secondly, according to articles ‘131’, ‘132’, ‘133’ and ‘134’ of the UAE Labour Law, your end of service benefits are:

• Air ticket to your home country in case you will not stay in the UAE.
• Your gratuity calculated on the following bases, 21 days for each year of the first five years, and 30 days for each year over the five first years.
• Your unpaid leaves for the last two years.

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Notarised undertaking

I have been working as a construction manager in a contracting company in Abu Dhabi since November 2005 on an unlimited contract. In July 2011, the company terminated my service due to lack of work in the market. For the completion of an ongoing project, they extended my stay to January 2012. I got a job offer from another contracting company. The old company does not have money to settle my final settlement claiming they can give an undertaking letter to pay the due sum within six months. Since November 2011, I have not received my salary. How may I start work in the new company to feed my family? How legal is the said letter of undertaking? How can I sign the cancellation paper of the present employer? Please advice.

In the procedure of changing a job, the worker has to sign a ratification that he received all his benefits and gratuity from his employer. Such ratification is considered an official document. The only solution you have if the company is not able to pay your dues now, is to have an undertaking letter and get it notarised from the notary public before you start the procedure of changing the visa. Such a document might be valid in court and you will be able to challenge the other official document. Otherwise, you will have to start suing the company from now and apply for temporary work permission until your case is concluded.

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Claim your rights

I joined an LLC in Dubai in January 2012 and worked for this company till April, 12. I have not received my salary till now. I have informed my employer that I want to be relieved from the organisation since I am not getting my pay. He accepted my resignation on April 12, but till now, he has not cancelled my visa or paid my dues. How I can get out of this situation? Kindly, advice.

Your employer is in breach of the UAE Labour Law. For the urgency of the matter you have to go directly to the labour office and claim your rights through them.

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Short-term visit visa

What are the rules of short-term visit visa? How many days is it for? Is there a one month grace period after the expiry date?

According to Article 39, point B of the Federal Law Number 6 for the year 1973 Concerning Immigration and Residence, the short term visit visa allows its holder to be in the country for 30 days only. This visa allows its holder to enter the country once only, and is valid for two months from its issuance date. Additionally, the period of this visa is non-renewable.

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, P.O. Box 11243, Dubai.