Question: I work a usual eight-hour day, but my manager says we can only take one short break of 15 minutes to eat.
The work is tiring as we are always on our feet in a shop. In my previous job, we had at least 30 minutes to sit down and eat.
Can you tell me what the law says because this short time is just not enough for staff? RC, Abu Dhabi
Answer: The UAE labour law is very clear about employees having legally mandated breaks during the working day.
Article (18) of the new law states: “The worker may not work for more than five consecutive hours without a break or breaks of not less than an hour in total, provided that these periods are not included in the working hours.
Watch: New UAE labour laws come into effect
New UAE labour laws come into effect
“Working hours and breaks shall be arranged at an establishment working according to shifts or for some job categories, as per their nature, such as field jobs, and according to the workers’ classification specified in the Implementing Regulation hereof.”
RC and his colleagues must have a proper break of at least one hour during the working day.
If their contract of employment states that they will work eight hours per day, they may work no more than five hours before taking a one-hour break and can then work the remaining hours.
If the employer fails to allow staff to have the legally required breaks, they can be reported to the Ministry of Human Resources and Emiratisation through its website.
Companies that break the law in this way can be fined and have future visa applications denied.
Q: I will soon finish working for a company after three years and have asked for my end-of-service gratuity to be paid by cheque.
However, the company said they can only pay it to my bank account.
I have some debts and don’t want my bank to take the money, as I will need it until I get a new job.
Is it legal for a company to refuse to pay the gratuity by cheque? If yes, can it be paid to another bank account in my friend’s name? GO, Dubai
A: The payment of an end-of-service gratuity is treated as a salary payment.
All employers registered with the Ministry of Human Resources and Emiratisation must subscribe to the Wages Protection System (WPS) and pay the wages of their employees through the WPS by bank transfer.
All companies should have proper salary payment systems in place and so the gratuity will be paid by bank transfer.
Few companies will make a payment by cheque and they do not have to. It is perfectly legal to make all payments by bank transfer and it is the expected way of making the payment.
A company is obliged to mark the last payment to an employee as “final salary” and also to make salary payments in the proper manner.
If an individual has debts, it is common for a bank to freeze an account to ensure that at least part of the liability can be covered.
In theory, an employer could make a gratuity payment to another account, but not if it is in another person's name.
A payment going to another bank account could be in breach of the loan agreement that was signed as most are linked to a salary account.
GO can withdraw the cash he has in his account before the final salary payment is made.
This is also why it is essential to always keep an emergency fund in a separate account in case of such situations.
Q: I am about to arrange for the renewal of an employee’s visa, including the usual medical tests.
As we are in an industrial free zone, our employees usually need to have a chest X-ray, but this member of staff is pregnant.
Obviously, she should not undergo an X-ray due to her condition. Do you know if there is any way around this standard requirement? HK, Dubai
A: While it is common for employees to be required to undergo a chest X-ray as part of the standard medical fitness requirements on visa renewal, if a woman knows, or suspects, that she is pregnant, she can request a waiver.
Overhaul of UAE visas — in pictures
It is best to provide a letter from a doctor confirming the pregnancy so that it can be officially recorded at the time of the medical examination.
This should not cause any problems, but it is wise to ensure that the public relations officer, or whoever is handling the arrangements, is aware of the situation.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 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
