I want to clarify some doubts about sick leave during probation. I have broken my arm and am unable to go to the office. I need surgery but I am in the probationary period of a new job. I have already handed in a sick leave certificate and medical report to the office but will need to take more time off after the surgery. Will this affect my job in any way? I think I will be unpaid for the number of sick leave days. JB, Umm Al Quwain
An employee has limited rights during their probationary period, which can last for up to six months. JB is correct in saying that sick leave is unpaid and this is set out in UAE Labour Law. Article 83 states: “The worker shall not be entitled to any paid sick leave during the probation period”. Whether an employee is paid when off sick during a probationary period is purely at the discretion of the employer, as is whether they decide to retain an employee.
It is unfortunate to have such medical issues at this time, so how a job is affected is dependent on the employer. Labour Law, Article 120 states: “The employer may dismiss the worker without prior notice in any of the following cases … b - Should the worker be appointed under probation, and the dismissal occur during or at the end of the probation period”.
I hope that an employer would be understanding if a new employee has an unfortunate accident but they can end employment in such circumstances.
I am under my husband's sponsorship and have been working for a school in Ajman. The school's HR department never processed my labour card and after seven months they have terminated me but haven't given me any notice, even though this is mentioned in the offer letter. When I went to the Twafouq office (service centres linked to the Ministry of Human Resources and Emiratisation) they said they cannot register a complaint as I don't have a labour card. Who is responsible when a school offers a job and does not process the labour card? Is there anywhere that I can make a complaint? JH, Ajman
When a woman is sponsored by her husband, she is permitted to take up employment provided the sponsor, the husband, provides a letter of no objection, commonly known as a NOC, and the employer applies for a labour card. These days actual cards are not issued, but the employer must obtain a work permit for the employment to be legal. Without this the employer is breaking the law and can be fined, but the employee is also working illegally and is not protected by UAE Labour Law, which is why JH is unable to obtain the support of the MoHRE. If an employee is aware this has not been done, the onus is on them to remind the employer, as they are in a vulnerable position without it. The cost to an employer is in the region of Dh1,800 to Dh3,000, depending on their category.
If a private school is breaking the law in this way and not providing the proper permits or registering contracts then a complaint can be made to the MoHRE, advising them that a school is hiring illegal employees.
I cancelled my plan with a telecom company a few months ago but they say I still owe them for some unpaid bills. If I don't settle them, they say they would be forced to file a legal case against me. Would I be stopped at immigration when I'm going on my annual vacation just because Dh400 has not been paid? WO, Dubai
If a customer does not pay a utility bill for an extended period, a company can take further action by registering a police case but it cannot issue a travel ban itself. If a police case is opened, the police will usually contact the individual so that they have the option to pay the outstanding amount before the matter goes any further. Information can be passed to the Department of Immigration but in many cases must also be subject to a court hearing before a final decision is made as to whether a travel ban is applied.
Before that, however, it is possible a potential case is flagged up on the system. This can mean that a person attempting to leave the UAE can be prevented from doing so and detained until the matter is resolved.
If an amount is outstanding, WO needs to discuss this with the company concerned and arrange to settle any monies owed in full so as to avoid future issues, even in respect of this relatively small amount.
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
