I have been with my current employer for more than five years and have only taken six days off work because I was ill.
A few weeks ago, I had to have an operation and this meant that I had to take 10 days off work to recuperate, as instructed by my surgeon.
My boss now says that my time away from the store was inconvenient to him, although I gave him plenty of notice. He said he would not pay me for the days I took off, even though I was in the hospital and unable to do any work.
This seems very unfair. I would like to know where I stand regarding the law.RS, Abu Dhabi
Once an employee has passed their probationary period, they are entitled to paid sick leave, provided that it is reported to the employer within a period of three days.
They can also be asked to provide a medical certificate to prove that they are unfit to work. All licensed hospitals and clinics, both government and private, can provide this document and the standard cost is Dh70.
The conditions that apply are set out in Article 31 of the new labour law, although they are unchanged from the previous law.
“After the end of the probationary period, the worker may be entitled to a sick leave of not more than 90 continuous or intermittent days per year, provided that it is calculated as follows: a. The first 15 days with full pay; b. The following 30 days with half pay,” the law states.
Note that this is the minimum paid leave and any employer can exceed this should they wish to do so.
In this situation, RS is entitled to full pay for the time he had to take off work for both his operation and recuperation.
It is unfair of an employer to attempt to refuse to pay a member of staff in this situation, especially considering his past attendance record.
If an employer does not pay an employee in line with the requirements set out in the law, the employee can register a case against them with the Ministry of Human Resources and Emiratisation on its website. Alternatively, the ministry can be contacted through its app or by calling 600 590000.
I have a bank loan with an outstanding balance of Dh143,000. The project I am working on is nearly finished and there is a good chance that I will be terminated in a few months.
Due to family reasons, I can't continue working abroad. I might receive an end-of-service benefit of Dh35,000, but I will still owe more than Dh100,000 to the bank.
What can I do as I will not be able to afford the repayments if I am terminated? MA, Dubai
When someone borrows money from a bank, they sign a legal undertaking to repay the money by way of monthly instalments.
If someone does not pay what they agreed to, they are in breach of the terms of the loan and the bank has the right to take action to recover the money that has been borrowed. This still applies in the case of redundancy.
If MA is terminated, or leaves their current employment, the last payment that the employer makes to him will be marked as “final salary” when transferred to his bank.
I assume that this is the same bank where he borrowed the money from, so they will be aware of the situation.
Given the amount outstanding, the bank is most likely to freeze the account. If they have concerns about MA failing to make further payments, they can make an application to the local court to request a travel ban. Note that a bank cannot do this with court approval.
If MA intends to leave the UAE, he is still legally and morally responsible to repay the money that he has borrowed.
If a bank has concerns about a customer failing to make loan payments, they can make an application to the local court to request a travel ban
Keren Bobker, senior partner at Holborn Assets
He can make loan repayments from outside the UAE. If he is unable to make the full payments, even paying a smaller amount each month is better than paying nothing.
Unless he continues with payments or reaches an agreement with the bank to continue making smaller payments, the bank could file a police case against him, which will mean that he could face issues if he travels back to the UAE.
If MA stays in the UAE but still cannot afford the full repayments, he can also look into applying for personal insolvency via Dubai Court. They will work with him and the bank to manage the debt.
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
If you go
Flights
Emirates flies from Dubai to Phnom Penh with a stop in Yangon from Dh3,075, and Etihad flies from Abu Dhabi to Phnom Penh with its partner Bangkok Airlines from Dh2,763. These trips take about nine hours each and both include taxes. From there, a road transfer takes at least four hours; airlines including KC Airlines (www.kcairlines.com) offer quick connecting flights from Phnom Penh to Sihanoukville from about $100 (Dh367) return including taxes. Air Asia, Malindo Air and Malaysian Airlines fly direct from Kuala Lumpur to Sihanoukville from $54 each way. Next year, direct flights are due to launch between Bangkok and Sihanoukville, which will cut the journey time by a third.
This month, Dubai Medical College launched the Middle East’s first master's programme in addiction science.
Together with the Erada Centre for Treatment and Rehabilitation, the college offers a two-year master’s course as well as a one-year diploma in the same subject.
The move was announced earlier this year and is part of a new drive to combat drug abuse and increase the region’s capacity for treating drug addiction.
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
The details
Heard It in a Past Life
Maggie Rogers
(Capital Records)
3/5
Avatar: Fire and Ash
Director: James Cameron
Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana
Rating: 4.5/5
The specs
Engine: 2.0-litre 4-cyl turbo
Power: 201hp at 5,200rpm
Torque: 320Nm at 1,750-4,000rpm
Transmission: 6-speed auto
Fuel consumption: 8.7L/100km
Price: Dh133,900
On sale: now
Your UK residence status is assessed using the statutory residence test. While your residence status – ie where you live - is assessed every year, your domicile status is assessed over your lifetime.
Your domicile of origin generally comes from your parents and if your parents were not married, then it is decided by your father. Your domicile is generally the country your father considered his permanent home when you were born.
UK residents who have their permanent home ("domicile") outside the UK may not have to pay UK tax on foreign income. For example, they do not pay tax on foreign income or gains if they are less than £2,000 in the tax year and do not transfer that gain to a UK bank account.
A UK-domiciled person, however, is liable for UK tax on their worldwide income and gains when they are resident in the UK.
