Keren Bobker says it is unprofessional and possibly illegal to make an employee redundant via WhatsApp. Bloomberg
Keren Bobker says it is unprofessional and possibly illegal to make an employee redundant via WhatsApp. Bloomberg
Keren Bobker says it is unprofessional and possibly illegal to make an employee redundant via WhatsApp. Bloomberg
Keren Bobker says it is unprofessional and possibly illegal to make an employee redundant via WhatsApp. Bloomberg

'I was made redundant via WhatsApp. What payout am I due?'


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I work for a free zone company in Dubai. Last month my boss sent me a WhatsApp message saying my last day will be December 26 as they are closing the company. I don't have the hard copy of the termination letter yet. A few weeks earlier my colleague was given a termination letter. She finished work earlier this month. We started working for them in April. What can we get out of this termination as we have been employed for less than a year? As per my colleague's termination letter, she will get her salary and a one-way ticket to her home country. Are we eligible for our leave salary? NM, Dubai

NM is on an unlimited contract of employment. If someone is made redundant by an employer, I would at least expect a personal conversation followed up by an official letter. Sending a WhatsApp message seems unprofessional and may not be strictly legal as Article 117 of the UAE's Labour Law states: "The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof."

In terms of what is payable, Article 118 of the Labour Law states: "The worker shall be entitled to his complete wage for such period on the basis of the last paid wage. He must perform his job during said period should the employer so require." This means the salary must be paid in full until the final day of service and annual leave continues to accrue during this period, so any days of leave not been taken should also be given as a payment in lieu with the final salary payment. No end of service gratuity is due as the period of service is less than one full year. No additional payment is due if redundancy is because the company is closing.

The company is responsible for the cost of a flight but only if the employee is leaving the UAE. This is covered in Article 131 which clarifies: "The employer shall, upon the termination of the contract, bear the expenses of repatriation of the worker to the location from which he is hired, or to any other location agreed upon between the parties. Should the worker, upon the termination of the contract, be employed by another employer, the latter shall be liable for the repatriation expenses of the worker upon the end of his service."

___________

Read more:

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'Can I sell homemade items from my villa in Dubai?'

__________

If an individual is an absconder from the UAE with outstanding credit card debts can the individual's child still apply for a job in the UAE? I left in 2011 with unpaid debts but my son now wants to move there without the risk of being held responsible for my unpaid debts by the immigration authorities. GP, India

Under UAE law only the person whose name the debt is in – the individual who borrowed the money – has liability for it. The only time someone else would be liable is if they are a joint account holder or if they have signed paperwork as a guarantor for the debt. Although GP should repay the money he borrowed, his son will have no legal responsibility.

___________

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'Am I entitled to paternity leave from my employer?'

'Will I lose my job if I grow a beard?'

'Can a recruiter charge Dh750 to find me a job?'

__________

My work visa was renewed on May 1 and is valid until May 1 2020. If I want to resign on personal medical grounds before completing a year on the current visa, will I face a penalty? I am an engineer and my salary qualifies for family status. SN, Abu Dhabi

As SN is on a fixed-term contract, he will be penalised for breaking the contract. This is as set out in Article 116 of the UAE's Labour Law which states: "The worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract."

This is a sum equivalent to 45 days' full salary and he should also give notice in line with his contract terms. It makes no difference if someone has renewed a contract and is on a second visa, or if there is a personal reason for wanting to end employment. No gratuity will be payable as SN is resigning with fewer than five years of service with a fixed-term contract.

Provided the employer agrees to the termination, as SN has worked for the company for more than two years, there is no need for an employment ban but that is dependent on the employer. Given the service and level of salary, an employment ban can be overturned by a NOC (letter of no objection from the previous employer). This may be academic, however, as SN states he will return to his home country due to medical reasons.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 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

WOMAN AND CHILD

Director: Saeed Roustaee

Starring: Parinaz Izadyar, Payman Maadi

Rating: 4/5

What is a Ponzi scheme?

A fraudulent investment operation where the scammer provides fake reports and generates returns for old investors through money paid by new investors, rather than through ligitimate business activities.

The%20Genius%20of%20Their%20Age
%3Cp%3EAuthor%3A%20S%20Frederick%20Starr%3Cbr%3EPublisher%3A%20Oxford%20University%20Press%3Cbr%3EPages%3A%20290%3Cbr%3EAvailable%3A%20January%2024%3C%2Fp%3E%0A
Gender pay parity on track in the UAE

The UAE has a good record on gender pay parity, according to Mercer's Total Remuneration Study.

"In some of the lower levels of jobs women tend to be paid more than men, primarily because men are employed in blue collar jobs and women tend to be employed in white collar jobs which pay better," said Ted Raffoul, career products leader, Mena at Mercer. "I am yet to see a company in the UAE – particularly when you are looking at a blue chip multinationals or some of the bigger local companies – that actively discriminates when it comes to gender on pay."

Mr Raffoul said most gender issues are actually due to the cultural class, as the population is dominated by Asian and Arab cultures where men are generally expected to work and earn whereas women are meant to start a family.

"For that reason, we see a different gender gap. There are less women in senior roles because women tend to focus less on this but that’s not due to any companies having a policy penalising women for any reasons – it’s a cultural thing," he said.

As a result, Mr Raffoul said many companies in the UAE are coming up with benefit package programmes to help working mothers and the career development of women in general. 

Indoor cricket in a nutshell

Indoor cricket in a nutshell
Indoor Cricket World Cup - Sept 16-20, Insportz, Dubai

16 Indoor cricket matches are 16 overs per side
8 There are eight players per team
9 There have been nine Indoor Cricket World Cups for men. Australia have won every one.
5 Five runs are deducted from the score when a wickets falls
4 Batsmen bat in pairs, facing four overs per partnership

Scoring In indoor cricket, runs are scored by way of both physical and bonus runs. Physical runs are scored by both batsmen completing a run from one crease to the other. Bonus runs are scored when the ball hits a net in different zones, but only when at least one physical run is score.

Zones

A Front net, behind the striker and wicketkeeper: 0 runs
B Side nets, between the striker and halfway down the pitch: 1 run
C Side nets between halfway and the bowlers end: 2 runs
D Back net: 4 runs on the bounce, 6 runs on the full

EMERGENCY PHONE NUMBERS

Estijaba – 8001717 –  number to call to request coronavirus testing

Ministry of Health and Prevention – 80011111

Dubai Health Authority – 800342 – The number to book a free video or voice consultation with a doctor or connect to a local health centre

Emirates airline – 600555555

Etihad Airways – 600555666

Ambulance – 998

Knowledge and Human Development Authority – 8005432 ext. 4 for Covid-19 queries

ENGLAND SQUAD

Team: 15 Mike Brown, 14 Anthony Watson, 13 Ben Te'o, 12 Owen Farrell, 11 Jonny May, 10 George Ford, 9 Ben Youngs, 1 Mako Vunipola, 2 Dylan Hartley, 3 Dan Cole, 4 Joe Launchbury, 5 Maro Itoje, 6 Courtney Lawes, 7 Chris Robshaw, 8 Sam Simmonds

Replacements 16 Jamie George, 17 Alec Hepburn, 18 Harry Williams, 19 George Kruis, 20 Sam Underhill, 21 Danny Care, 22 Jonathan Joseph, 23 Jack Nowell

Labour dispute

The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.


- Abdullah Ishnaneh, Partner, BSA Law 

The specs

Engine: four-litre V6 and 3.5-litre V6 twin-turbo

Transmission: six-speed and 10-speed

Power: 271 and 409 horsepower

Torque: 385 and 650Nm

Price: from Dh229,900 to Dh355,000

House-hunting

Top 10 locations for inquiries from US house hunters, according to Rightmove

  1. Edinburgh, Scotland 
  2. Westminster, London 
  3. Camden, London 
  4. Glasgow, Scotland 
  5. Islington, London 
  6. Kensington and Chelsea, London 
  7. Highlands, Scotland 
  8. Argyll and Bute, Scotland 
  9. Fife, Scotland 
  10. Tower Hamlets, London 

 

Monday's results
  • UAE beat Bahrain by 51 runs
  • Qatar beat Maldives by 44 runs
  • Saudi Arabia beat Kuwait by seven wickets
What is the FNC?

The Federal National Council is one of five federal authorities established by the UAE constitution. It held its first session on December 2, 1972, a year to the day after Federation.
It has 40 members, eight of whom are women. The members represent the UAE population through each of the emirates. Abu Dhabi and Dubai have eight members each, Sharjah and Ras al Khaimah six, and Ajman, Fujairah and Umm Al Quwain have four.
They bring Emirati issues to the council for debate and put those concerns to ministers summoned for questioning. 
The FNC’s main functions include passing, amending or rejecting federal draft laws, discussing international treaties and agreements, and offering recommendations on general subjects raised during sessions.
Federal draft laws must first pass through the FNC for recommendations when members can amend the laws to suit the needs of citizens. The draft laws are then forwarded to the Cabinet for consideration and approval. 
Since 2006, half of the members have been elected by UAE citizens to serve four-year terms and the other half are appointed by the Ruler’s Courts of the seven emirates.
In the 2015 elections, 78 of the 252 candidates were women. Women also represented 48 per cent of all voters and 67 per cent of the voters were under the age of 40.