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Legal View: Ban can be avoided by paying Dh3,000

Nasser Ahmed Al Osaiba (Compiled by Ahmed Shaaban) / 6 August 2012

I am working in a company here. When joining the company, they did not ask for my qualification. As I want to quit, will I escape the labour ban if I get my degree attested?

According to Article 1 of the cabinet decision No. 18 for the year 2005, the condition of the time that is required for changing the sponsor can be exempted against paying Dh3,000. Hence, you have to apply to the Ministry of Labour to exempt you from the ban against paying Dh3,000 no matter what was your degree.

 


Company must pay medical bills if employee falls sick on duty

If a company employee resigns giving a notice period of one month and falls sick and undergoes surgery during the notice period, who is liable to pay for his medical expenses?

According to Articles 144, 145 and 146 of the federal labour law, where a worker meets with an accident during duty or contracts an occupational disease, the employer shall pay for the cost of his treatment in a local government or public medical centre until he recovers or is declared disabled. Treatment shall include residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analyses, the purchase of medicines and rehabilitation equipment and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition to what he supplies, the employer shall pay the cost of any transport entailed by treatment provided for the worker.

Additionally, if the injury prevents the worker from carrying out his work, the employer shall pay him a cash allowance equal to his full pay throughout the period of treatment or for a period of six months whichever is shorter.

Moreover, the cash allowance referred to shall be calculated on the basis of the last remuneration received in the case of a worker remunerated on a monthly, weekly, daily or hourly basis.

Finally, Article 142 of the same law defines the occupational disease as the diseased listed in Schedules 1 and 2 attached to the labour law.

 


PG degree-holder can shift job after on year

An expatriate husband with an MBA degree is sponsored by his expatriate wife. He has been working with a Dubai-based company for the last two months under a work permit and now wants to change the job. Will he be liable to labour ban?

According to Article 1 point 3A of the cabinet decision No. 18 for the year 2005, the holder of a postgraduate degree can request for a transfer of his sponsorship after one year of his work. Additionally, according to the same article, the time condition can be exempted by paying Dh3,000. Hence, he has to apply to the Ministry of Labour to exempt him from the ban.

 


Degree-holder can shift to new job after two years

Is it possible to move to another company after my two years’ stay in my present job as a beautician in a salon? I discussed the issue with my boss but he said I should finish three years before quitting. I am holding an unlimited contract. My visa will expire in July 2013. Will I be liable to a ban? The salary I get is less than Dh5,000. I am holding a college certificate. Please advise.

According to Article 1 point 3B of the cabinet decision No. 18 for the year 2005, the holder of a bachelor degree or an equivalent degree can request for a transfer of his sponsorship after two years of his work.

 


Overtime pay based on gross salary

I would like to know the basis of calculating overtime? Is it calculated as per the basic salary or the full salary per month?

According to Articles 67 and 68 of the federal labour law, the basis of calculating the overtime pay is the normal hourly rate which is the gross rate.


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: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O. Box 11243.

 

 

 

 
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