Question: I have been offered a position in Abu Dhabi and hope to move in January but have some concerns. My wife has a disability that means she has to use a wheelchair often. She currently has a European parking card (locally the Carte Mobilite Inclusion) that allows us to use disabled parking spaces with some other benefits. Does a similar system exist in the UAE? PB, Lyons, France
Answer: In recent years, the UAE has introduced schemes to assist what are referred to as people of determination. This covers a wide range of disabilities and impairments with the protection of a robust legal framework.
For transport, most Emirates have specially adapted taxis and there are free parking permits and plenty of dedicated parking spaces.
In order to apply for a disabled parking card (person of determination parking permit) in Abu Dhabi, PB’s wife will need to obtain her Emirates Identity Card as a resident. She then needs to apply for a ZHO card through the website.
This is an additional form of identification for people of determination. It not only allows a person to apply for the parking card but also for various other benefits across the UAE, such as exemptions and discounts.
There is no cost to apply for the ZHO card, but a medical report is required to confirm the disability. This must be less than 12 months old and written by a registered doctor. Any clinic should be able to assist. The application for the ZHO card is made through UAE Pass, the national digital identity for all citizens, residents and visitors in the Emirates, an app all residents need to have on their phones.
Once logged into UAE Pass, go to the section marked “People of Determination” or “Parking Permit”. Documents are uploaded through this app. Once the ZHO card has been issued, an application can be made for the parking permit.
This application is made through Tamm (the Abu Dhabi government website), again using UAE Pass. Information is uploaded, including details of the vehicle and any first or second-degree relatives who will be driving. Again, there is no charge.
This may sound complex but simply work through each stage. All the information is on the ZHO website.
Q: I have resigned from my job as I am returning to my country. I was expecting a gratuity payment, but my boss told me that the payment will be very small as the company will be charging me for all my visa costs over the past six years.
When I said that wasn’t fair, the company said it only pays the fees after someone has worked for 10 years. They also said I had to pay for training fees, but I have never had any real training in all my years here.
I need the money that I thought I was owed, is there anything I can do? MV, Dubai
A: This employer is behaving illegally. Under UAE labour law (Federal Decree-Law No. 33 of 2021), an employer cannot legally charge or recover visa and recruitment costs from an employee. This applies no matter when they resign.
This is stated in Article 6, Recruitment and Employment of Workers: “The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.”
This regulation covers all visa-related expenses, which includes not only residence visas but also work permits and mandatory health insurance.
No employer is permitted to contract around UAE employment law to the detriment of any employee. That means that any clauses to this effect in a contract or company handbook are illegal and unenforceable.
MV’s first step should be to send a formal email to the employer, referencing Article 6 of the labour law, pointing out that the deduction of visa costs is against the law.
If the employer doesn’t back down, the next step is to register a formal complaint with the Ministry of Human Resources and Emiratisation. There are several ways to do this: through the website, the app, by telephone or WhatsApp on 600 590000.
The ministry will support a breach of the law and the employer can be subject to fines as well as other penalties.
In respect of training cost, this can potentially be a deductible charge, but it must be made clear in a contract and proof of formal training must be provided. “On the job” training is not valid and the employer will need to provide a full and formal breakdown of costs to back up their claim, which would be expected to include external training and/or courses.
Contact Keren Bobker at keren@holbornassets.com or at www.financialuae.com
The advice provided in our columns does not constitute legal advice and is provided for information only
