I have a query about benefits. My husband is a teacher and has a clause in his contract about benefit duplication. It says that if his wife is working he needs to furnish my contract to his employer and will have his benefits removed where they are duplicated. This would mean a reduction of a third of his income as he'd lose accommodation allowance, annual flight and we think his medical insurance too. Is this even legal? He has been with them for three years and it seems very unfair. BT, Dubai
I have seen this situation a number of times and it is not uncommon, particularly in the field of education, even if it seems somewhat outmoded in 2017. There is nothing in the UAE Labour Law that precludes this and if there is a clause in a contract that both parties have accepted, then it is enforceable. In most cases it is just the accommodation allowance that is withdrawn and then only if the spouse also receives a similar allowance. Note however, that the employer must still provide medical insurance, no matter the situation, as it is a legal requirement that all Dubai employers provide health insurance for their employees.
I am a student living with my parents, but I would really like to have a job so that I can help with the household expenses. I am 17, so am I allowed to work? I spoke to one company that said I had to be 21 to be employed but what do people do if they don't go to college? PA, Abu Dhabi
The age of majority in the UAE is 18 years, so anyone under that age will be deemed to be a minor and not permitted to make legal decisions without the permission of a legal guardian. There are other restrictions for young adults under the age of 21, but anyone from the age of 15 may take up employment in the UAE, albeit with certain restrictions. In accordance with Article 21 of UAE Labour Law, “Prior to the employment of any youth, the employer must obtain from the following documents which he keeps in the youth’s personal file: 1. A birth certificate or an age estimation certificate issued by a pertinent doctor. 2. A certificate of health fitness for the required job issued by a competent doctor and authenticated. 3. A written consent of the guardian or trustee of the youth.”
Employers with young workers must also keep a special register with full details of any minors who are employed and may not give them any work that is deemed hazardous or strenuous per ministry guidelines. Per Article 25: “The maximum effective working hours for the youth shall be six hours per day with one or more intervals for rest, meals or prayer whose total is one hour at least. Such interval(s) shall be set in such a manner that the youth does not work more than four consecutive hours. Finally, per Article 26 of the law, any minor is not permitted to do any overtime, nor work on any rest days. As is the case with any employee who is not sponsored by the employer, but rather by a spouse or parent, the employer must still provide a proper contract of employment and a labour card in accordance with standard government guidelines.
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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