I submitted my resignation to my present employer, giving them one-month's notice on April 11, but they did not reply officially until nine days later. I have worked for the company for over four years. My contract is unlimited and my designation on my visa is sales executive, but I work in the marketing department. Now HR is saying that they can make me work for three full months as per the law. So, how can I get my visa cancelled and my final settlement? My current salary is Dh6,500 per month and my contract states just Dh5,000 and that hasn't been changed to show my higher salary. The company has also deducted Dh500 from my salary since February 2017 without officially informing me. They transfer Dh5,080 to my salary account and – after a deduction of Dh20 for my mobile phone connection – the balance is paid as cash from the office. I now have a better offer from a new company and really want to leave and start with the new company. My employer is also holding my passport. ND, Abu Dhabi
There are a number of issues here. Firstly, UAE Labour Law, Article 117, states that the standard notice period is 30 days. The only time an employee must work for longer is if the contract of employment states that a longer notice period is required and that is agreed at outset. I have seen a copy of ND’s contract and this clearly states that the notice period is one month.
If an employee’s salary increases it is not necessary for a contract to be updated as the income that is processed via the Wages Protection System (WPS) is deemed a sufficient record of proof of earnings, particularly when calculating the end of service gratuity. The WPS was instigated to protect workers’ rights, so it is concerning that this employer is paying part of the salary in cash outside the system. No employer has the right to arbitrarily deduct money from any employee, so it seems the employer is breaking the law. It is assumed that the salary increase to Dh6,500 is documented in writing, so it can be proved that they are underpaying. It is not uncommon for someone to have an actual job function that is different to that shown on their visa, but provided it is of a similar level and not too dissimilar it is rarely an issue. I would also point out that it is illegal for any employer to retain an individual’s passport.
I recommend that ND contacts the Ministry of Human Resources and Emiratisation on its helpline number 800 665 or go to his local labour office. It is clear that the current employer is not complying with the law on a number of counts and the ministry will be able to assist and instruct the company to accept his resignation and process the cancellation of his visa in a timely manner.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE.
The advice provided in our columns does not constitute legal advice and is provided for information only.
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ROUTE TO TITLE
Round 1: Beat Leolia Jeanjean 6-1, 6-2
Round 2: Beat Naomi Osaka 7-6, 1-6, 7-5
Round 3: Beat Marie Bouzkova 6-4, 6-2
Round 4: Beat Anastasia Potapova 6-0, 6-0
Quarter-final: Beat Marketa Vondrousova 6-0, 6-2
Semi-final: Beat Coco Gauff 6-2, 6-4
Final: Beat Jasmine Paolini 6-2, 6-2
Company profile
Name: Fruitful Day
Founders: Marie-Christine Luijckx, Lyla Dalal AlRawi, Lindsey Fournie
Based: Dubai, UAE
Founded: 2015
Number of employees: 30
Sector: F&B
Funding so far: Dh3 million
Future funding plans: None at present
Future markets: Saudi Arabia, potentially Kuwait and other GCC countries
Pakistan v New Zealand Test series
Pakistan: Sarfraz (c), Hafeez, Imam, Azhar, Sohail, Shafiq, Azam, Saad, Yasir, Asif, Abbas, Hassan, Afridi, Ashraf, Hamza
New Zealand: Williamson (c), Blundell, Boult, De Grandhomme, Henry, Latham, Nicholls, Ajaz, Raval, Sodhi, Somerville, Southee, Taylor, Wagner
Umpires: Bruce Oxerford (AUS) and Ian Gould (ENG); TV umpire: Paul Reiffel (AUS); Match referee: David Boon (AUS)
Tickets and schedule: Entry is free for all spectators. Gates open at 9am. Play commences at 10am
CABINET OF CURIOSITIES EPISODE 1: LOT 36
Director: Guillermo del Toro
Stars: Tim Blake Nelson, Sebastian Roche, Elpidia Carrillo
Rating: 4/5
Country-size land deals
US interest in purchasing territory is not as outlandish as it sounds. Here's a look at some big land transactions between nations:
Louisiana Purchase
If Donald Trump is one who aims to broker "a deal of the century", then this was the "deal of the 19th Century". In 1803, the US nearly doubled in size when it bought 2,140,000 square kilometres from France for $15 million.
Florida Purchase Treaty
The US courted Spain for Florida for years. Spain eventually realised its burden in holding on to the territory and in 1819 effectively ceded it to America in a wider border treaty.
Alaska purchase
America's spending spree continued in 1867 when it acquired 1,518,800 km2 of Alaskan land from Russia for $7.2m. Critics panned the government for buying "useless land".
The Philippines
At the end of the Spanish-American War, a provision in the 1898 Treaty of Paris saw Spain surrender the Philippines for a payment of $20 million.
US Virgin Islands
It's not like a US president has never reached a deal with Denmark before. In 1917 the US purchased the Danish West Indies for $25m and renamed them the US Virgin Islands.
Gwadar
The most recent sovereign land purchase was in 1958 when Pakistan bought the southwestern port of Gwadar from Oman for 5.5bn Pakistan rupees.
1971: The Year The Music Changed Everything
Director: Asif Kapadia
4/5
The Way It Was: My Life with Frank Sinatra by Eliot Weisman and Jennifer Valoppi
Hachette Books
MATCH INFO
Newcastle United 2 (Willems 25', Shelvey 88')
Manchester City 2 (Sterling 22', De Bruyne 82')
TWISTERS
Director:+Lee+Isaac+Chung
Starring:+Glen+Powell,+Daisy+Edgar-Jones,+Anthony+Ramos
Rating:+2.5/5
COMPANY PROFILE
Name: Xpanceo
Started: 2018
Founders: Roman Axelrod, Valentyn Volkov
Based: Dubai, UAE
Industry: Smart contact lenses, augmented/virtual reality
Funding: $40 million
Investor: Opportunity Venture (Asia)