'Will cancelling my work visa to obtain Abu Dhabi golden visa affect my gratuity?'

The terms of employment remain unchanged when an employee receives a golden visa. Pawan Singh / The National

Question: I own a property in Abu Dhabi and am applying for a golden visa. I am an employee and want to continue in my job. To get the golden visa, my work visa has to be cancelled so I don’t understand how I stay employed and have medical insurance. What happens to my gratuity? MY, Abu Dhabi

Answer: In this situation, a person remains employed with continuous and unchanged terms of employment. It is just the visa that changes.

The golden visa replaces the residency visa issued by an employer. The employer then applies for a non-sponsored work permit, as this permit, known colloquially as a labour card, must be provided for all employees in the UAE, no matter their visa situation.

The employer is also legally obliged to continue providing medical insurance, exactly as before. This must be for the employee and their family in accordance with the Department of Health – Abu Dhabi requirements and should be a continuation of cover.

The terms of employment will be unchanged, including entitlement to the end-of-service gratuity, in line with the contract that is registered with the Ministry of Human Resources and Emiratisation.

Q: I work with someone who posts on Instagram and TikTok every day and who seems to hate his life in the UAE. He has been stopped from naming our employer but he still posts insults about companies and places here.

I have told him that this is not a good thing to do and that he can get into trouble, but he doesn’t believe me and says he can say what he likes. How can I explain that he is being disrespectful to the country and that his behaviour is not acceptable? CT, Dubai

A: The UAE has codes of conduct of behaviour and CT’s colleague is breaking UAE laws.

Dubai Public Prosecution has issued press releases and videos to explain the law and to remind people to behave appropriately.

In a video issued in June 2020, which is still valid, the Public Prosecution reminded people that those who publish “information, news, statements or rumours” online with the intent to “damage the reputation, prestige or statute of the State or any of its institutions or its president, vice-president, any of the rulers of the Emirates, their crown princes, or the deputy rulers of the Emirates, the State flag, the national peace, its logo, national anthem or any of its symbols, shall be punished by temporary imprisonment and a fine not in excess of Dh1 million”.

This applies to all users of social media and people need to be responsible when posting online.

Q: I work for a UAE company but will be transferring to the Bahrain office next month. I plan to start a family as I am now married and although I do plan to carry on working, I am concerned about the maternity leave. It is a new office and no one seems to know very much about laws and I can’t really ask in this case. I have just been told that it is a lot like the UAE. CC, Dubai

A: Bahrain has laws separate to the UAE and employment is governed by Law No 36 of 2012, Labour Law for the Private Sector. There have been a few enhancements over the years but the main rules are unchanged.

The subject of maternity leave is covered in Article 32 of the law. This states: “A female worker shall be entitled to maternity leave on full pay for sixty (60) days which shall include the period before and after her confinement provided she produces a medical certificate attested by a government health centre or one of the clinics approved by the employer stating the expected date of her confinement.”

This leave can be extended for medical reasons. “A female worker may obtain an additional leave without pay due to her confinement for a period of fifteen (15) days in addition to the aforesaid leave.”

The law goes on to say, “It shall be prohibited for a female worker to work during the forty (40) days following her confinement.” This means that she must have time off work.

The law does not make any mention of a period of employment before this applies but it would still be wise for CC to request that her new contract of employment in Bahrain refers to continual employment for the purpose of such benefits.

Usefully, the law makes some provision for women to take time off to care for young children. This is unpaid and has limitations but is still helpful to working parents

It is also worth pointing out Article 33 of the law. “It shall be prohibited for an employer to dismiss a female worker or to terminate her contract of employment because of marriage or during maternity leave.”

The advice provided in our columns does not constitute legal advice and is provided for information only

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