Can Dubai company stop employee from taking leave during first 18 months?

Keren Bobker advises a reader who is not sure about some of the terms and conditions in his provisional contract of employment.

A Dubai worker is not happy with his contract. Keren Bobker is here to help. Jeffrey E Biteng / The National

I have been offered a job and am not sure about some of the terms and conditions. The company is not in a free zone and I have been told that they will not provide medical insurance. Is this normal in Dubai? AB, Dubai

Mr B sent me details of the provisional contract of employment, which contains at least two clauses that are contrary to UAE Labour Law. There is a clause stating that employees cannot take any annual leave until they have been with the company for 18 months, even though 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.” Article 76 goes on to say: “The employer has the right to determine the beginning of the annual leave, and when necessary, he also has the right to divide it into two parts at most”. But this does not mean that the employee is not entitled to take leave in the first year. It is not unusual for employers to refuse annual leave during a probationary period, but they should not refuse to allow leave for a period as long as 18 months. The offer also states that should the employee leave before two full years have elapsed, they must pay the company Dh10,000 to cover all visa processing costs. Not only are these costs lower than this amount, but it is also not permitted for an employer to reclaim such fees, as I have stated many times in this column. I would have concerns about taking up employment with a company that blatantly breaks the law in this way.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years of experience. Contact her at [e-mail] Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice

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