An employee who has filed a labour case for unpaid dues should ensure the employer transfers the money to their bank account before withdrawing the case. Photo: Ryan Carter / The National
An employee who has filed a labour case for unpaid dues should ensure the employer transfers the money to their bank account before withdrawing the case. Photo: Ryan Carter / The National
An employee who has filed a labour case for unpaid dues should ensure the employer transfers the money to their bank account before withdrawing the case. Photo: Ryan Carter / The National
An employee who has filed a labour case for unpaid dues should ensure the employer transfers the money to their bank account before withdrawing the case. Photo: Ryan Carter / The National

‘Can I cancel a labour case if the employer agrees to pay my salary?’


  • English
  • Arabic

I filed a case against my employer for not paying my salary and other benefits and we have a date set for a court hearing.

The main owner of the company is now involved and said they are willing to settle and pay me what is owed.

Can I cancel the case or will there be a problem? WT, Dubai

If an agreement is reached and the full amount owed is paid, the person who made the formal complaint is able to cancel it.

Firstly, a settlement agreement has to be signed by both parties and this should confirm that payment has been made. Secondly, the settlement agreement has to be submitted to the court’s labour relations section. This can be done online in most cases.

Once the settlement agreement has been submitted, the court will dismiss the case and no further action will be required.

An individual who cancels a case in this situation is not subject to any fines or costs.

In this situation, I strongly recommend that the individual is actually paid, with the money in their bank account, before withdrawing a case.

My company decided that all employees must now wear a uniform and told us that we had to pay for two of them. I have worked at the company for two years.

We don’t mind wearing a uniform, but we are unhappy about being told to pay for it because we do not earn high salaries.

Can the company force us to pay for this? MV, Sharjah

If an employer requires a uniform, they usually provide it and the requirement is stated in the terms of employment. Any change of contract terms should be agreed by both the employee and the employer.

While MV and her colleagues are happy to wear a uniform, they should not be made to pay for it. The employer cannot legally force staff to pay for the uniform or deduct any money from their salaries to cover the cost.

If the employer does not comply with the law after the rules are communicated clearly, staff can register a complaint with the Ministry of Human Resources and Emiratisation, either by calling the toll-free number 80060 or via the website.

I have been in the UAE for a few weeks and found a suitable job. However, the company said it would only sponsor me after the three-month probation period. They have offered to pay for my visa extension.

The manager said this is usual practice and that I need to prove myself before they pay for a visa. Is this legal? Some friends said this has also happened to them, while others said it is against the law. CP, Dubai

The law is very clear in that non-citizens are not permitted to work without a valid visa and work permit. The visa can be from a sponsor, such as a parent or spouse, issued by the Ministry of Human Resources and Emiratisation or the relevant free zone authority. There are no exceptions to this.

Anyone who works for a company or even sets up their own business will be doing so illegally if they do not have a correct visa and work permit. It is illegal to work in the UAE on a visit or tourist visa.

This law has been in place for many years and is covered in Federal Law No (6) for 1973, Concerning Immigration and Residence, as amended by law 7 of 1985, Law 13 of 1996 and also Federal Decree Law No 17 of 2017.

Article 11 of this legislation states: “The foreigner who obtains a visit visa may not work anywhere in the country with or without pay or for his own.”

This information is in the public domain and all employers should know the rules.

By continuing to work on a visit visa, not only is the individual breaking the law but so is the employer and both parties can be fined substantial amounts of money.

It also means that the individual has no protection under the law if anything goes wrong, such as the employer not paying them.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 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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Rating: 3/5

UAE currency: the story behind the money in your pockets
A MINECRAFT MOVIE

Director: Jared Hess

Starring: Jack Black, Jennifer Coolidge, Jason Momoa

Rating: 3/5

MATCH INFO

Uefa Nations League

League A, Group 4
Spain v England, 10.45pm (UAE)

Getting there
Flydubai flies direct from Dubai to Tbilisi from Dh1,025 return including taxes

The National's picks

4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
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Players that lose battles and land will find their coffers dwindle and troops go hungry. The end goal? Global domination of course.

Types of bank fraud

1) Phishing

Fraudsters send an unsolicited email that appears to be from a financial institution or online retailer. The hoax email requests that you provide sensitive information, often by clicking on to a link leading to a fake website.

2) Smishing

The SMS equivalent of phishing. Fraudsters falsify the telephone number through “text spoofing,” so that it appears to be a genuine text from the bank.

3) Vishing

The telephone equivalent of phishing and smishing. Fraudsters may pose as bank staff, police or government officials. They may persuade the consumer to transfer money or divulge personal information.

4) SIM swap

Fraudsters duplicate the SIM of your mobile number without your knowledge or authorisation, allowing them to conduct financial transactions with your bank.

5) Identity theft

Someone illegally obtains your confidential information, through various ways, such as theft of your wallet, bank and utility bill statements, computer intrusion and social networks.

6) Prize scams

Fraudsters claiming to be authorised representatives from well-known organisations (such as Etisalat, du, Dubai Shopping Festival, Expo2020, Lulu Hypermarket etc) contact victims to tell them they have won a cash prize and request them to share confidential banking details to transfer the prize money.

MATCH INFO

Day 2 at Mount Maunganui

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New Zealand 144-4

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Yemen's Bahais and the charges they often face

The Baha'i faith was made known in Yemen in the 19th century, first introduced by an Iranian man named Ali Muhammad Al Shirazi, considered the Herald of the Baha'i faith in 1844.

The Baha'i faith has had a growing number of followers in recent years despite persecution in Yemen and Iran. 

Today, some 2,000 Baha'is reside in Yemen, according to Insaf. 

"The 24 defendants represented by the House of Justice, which has intelligence outfits from the uS and the UK working to carry out an espionage scheme in Yemen under the guise of religion.. aimed to impant and found the Bahai sect on Yemeni soil by bringing foreign Bahais from abroad and homing them in Yemen," the charge sheet said. 

Baha'Ullah, the founder of the Bahai faith, was exiled by the Ottoman Empire in 1868 from Iran to what is now Israel. Now, the Bahai faith's highest governing body, known as the Universal House of Justice, is based in the Israeli city of Haifa, which the Bahais turn towards during prayer. 

The Houthis cite this as collective "evidence" of Bahai "links" to Israel - which the Houthis consider their enemy. 

 

The alternatives

• Founded in 2014, Telr is a payment aggregator and gateway with an office in Silicon Oasis. It’s e-commerce entry plan costs Dh349 monthly (plus VAT). QR codes direct customers to an online payment page and merchants can generate payments through messaging apps.

• Business Bay’s Pallapay claims 40,000-plus active merchants who can invoice customers and receive payment by card. Fees range from 1.99 per cent plus Dh1 per transaction depending on payment method and location, such as online or via UAE mobile.

• Tap started in May 2013 in Kuwait, allowing Middle East businesses to bill, accept, receive and make payments online “easier, faster and smoother” via goSell and goCollect. It supports more than 10,000 merchants. Monthly fees range from US$65-100, plus card charges of 2.75-3.75 per cent and Dh1.2 per sale.

2checkout’s “all-in-one payment gateway and merchant account” accepts payments in 200-plus markets for 2.4-3.9 per cent, plus a Dh1.2-Dh1.8 currency conversion charge. The US provider processes online shop and mobile transactions and has 17,000-plus active digital commerce users.

• PayPal is probably the best-known online goods payment method - usually used for eBay purchases -  but can be used to receive funds, providing everyone’s signed up. Costs from 2.9 per cent plus Dh1.2 per transaction.

Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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Heavily-sugared soft drinks slip through the tax net

Some popular drinks with high levels of sugar and caffeine have slipped through the fizz drink tax loophole, as they are not carbonated or classed as an energy drink.

Arizona Iced Tea with lemon is one of those beverages, with one 240 millilitre serving offering up 23 grams of sugar - about six teaspoons.

A 680ml can of Arizona Iced Tea costs just Dh6.

Most sports drinks sold in supermarkets were found to contain, on average, five teaspoons of sugar in a 500ml bottle.

Updated: June 21, 2023, 11:45 AM