Can interns be made to work 12 hours, no break and no pay?

Keren Bobker has the answers on your employment law issues and the latest tenancy problems.

Our daughter is enrolled in a college course which also involves her undertaking work experience, mostly unsupervised, often late into the evening, working 12 plus hours and all without a break. On some occasions she is paid Dh100 or Dh200 for the day, but at other events she is not paid. Payment is often weeks and even months after the work. In addition the college has advised that if they volunteer for work experience and then do not appear, they will be "fined". What laws govern this type of work experience? Whose medical insurance covers her in the case of an injury? Can they force her to work without a break? J R, Dubai

Even if someone is working as an intern, the basic rules of UAE Labour Law will apply. Article 65 states that the “maximum normal working hours for adult employees shall be eight hours per day.” Article 66 goes on to say: “Daily working hours shall be regulated in a way that no employee shall work over five hours consecutively without break times for rest, food and prayer with a total not less than one hour”.

It is therefore clear that to expect a person to work for 12 hours without a break, especially when this is work experience, is illegal – and unfair.

Furthermore, Labour Law states a woman cannot be required to work after 10pm unless certain provisions apply that are not valid in this case.

Unless an individual has signed some kind of contract with the college I cannot see how there could be a monetary fine, but there could be a loss of marks if the work is part of the course being studied.

In Dubai an employer is not yet obliged to provide medical insurance for employees, so that will be the responsibility of the individual.

I would suggest taking the issue up with the college and pointing out the breaches of Labour Law as well as the poor practices.

We have just bought a property in Dubai with a mortgage from a local bank that insisted we took out life cover with them. This is something called takaful cover. We are not familiar with this, so can you confirm that we will be properly protected and if there is a difference to the life cover we are used to? JS, Abu Dhabi

Takaful life cover, sometimes called Islamic life cover, is a form of assurance that complies with Islamic rules and is set up on a slightly different basis to the plans used in the West. Islamic scholars object to the concept of conventional insurance due to three key elements: riba (usury), gharar (uncertainty), and maysir (gambling).

It is still life assurance that pays out on the death of the life assured, but the companies that offer it are run in accordance with approved rules.

The provider should not make a profit from people’s misfortune, although they can collect fees, but the cost and profit should be shared among policyholders. One issue that expatriates should be aware of is many takaful policies will pay the proceeds of any claim in the UAE, so that they are subject to Sharia rules and this should be taken into consideration with overall financial planning.

I am a tenant in a one-bedroom apartment that was sold and I was given notice by the previous owners. I had just renewed so had 12 months left to live there. It was sold to a property company. Do I need to move out after 12 months if the new owner doesn't intend to live there or should I go because it's a transfer of ownership? AU, Dubai

There are a couple of points to consider here. A tenant can be asked to vacate a property only for specific reasons, such as if the property is being redeveloped or because the tenant is acting illegally, or the owner, or a close relative, intends to move in.

If a property is owned by a company the latter reason cannot apply. A transfer of ownership is not a reason to ask a tenant to vacate.

Even if there was a valid reason, a full 12 months’ notice must be provided at the time of the annual tenancy renewal and be delivered either via a public notary or by courier.

I am a supervisor in a factory and while our work is not particularly dangerous, accidents can and do happen, fortunately quite minor. Last week I cut my hand and was surprised to find we do not have a first-aid kit in the factory. Is this legal? MK, Sharjah

UAE Labour Law has a section that refers to the social care of employees. Article 93 states that “each employer has to arrange for one medical aid box(es), supplied with medicines, bandages disinfectants and other relief aids, to be fixed in a conspicuous place within the reach of employees and to be used by a specialist in handling first aids … Each first-aid box shall be sufficient for every 100 employees.”

Employers who do not comply are breaking the law, could be fined and should be reported to the Ministry of Labour.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at [e-mail]