In UAE, eating in public during Ramadan is a crime

Is eating in public during Ramadan a crime under the UAE law? Yes, during Ramadan, it is not permissible to eat, drink or smoke in public from dawn till the sun sets. Article 313 of Federal Law No. 3 of 1987, also known as the Penal Code, makes it a crime for anyone to consume food or drinks in public during daytime in Ramadan.

Notably, this rule applies to everyone in the UAE, irrespective of faith or whether he/she is fasting. It is therefore important to be aware of what is expected during Ramadan as ignorance of the law is not an excuse for breaching it.

Punishment for a person deemed in violation of the law can be either imprisonment for up to one month, or a fine of up to Dh2,000.

The key lesson for non-fasting people to keep in mind is that they may eat and drink during the day as long as it is not done in public where fasting people can see them.

The law does not define the term “public” in this context, yet it is interpreted to mean any space which is accessible or visible to the general public. For this reason, you will note that many restaurants will be closed during the day and will only start operating after sunset, yet there are certain exceptions. The legitimate reasons for which one may be excused from fasting include sickness, restrictions due to travel, during pregnancy and breastfeeding in case fasting is risky to mother, and senility and old age. ■

Payment of bonus

My previous employer terminated my service without notice three months before I completed one year of service. The company settled my dues. It had paid a bonus to all its employees except me. I would like to know whether I was eligible for the bonus as it is paid every year?

Assuming that the questioner’s employer is a limited liability company, the employment is governed by Federal Law No. 8 of 1980. ■

Therefore, the payment of a bonus is generally at the discretion of the employer unless the employment contract specifically mentions the payment of bonus and the basis on which the bonus will be calculated and paid. In some companies, employees are paid a bonus as a result of custom or practice, which would have been prevailing in such companies for a long period of time. In such cases, the employees may claim a bonus from their employers.

In case the payment of a bonus is a custom or practice in your previous company, you may request your ex-employer to pay as per Article 1 of the Labour Law, which reads ‘Remuneration’ which is defined as: “All payments made to the worker on a yearly, monthly, weekly, daily, hourly, piece work, or production or commission basis, in return for the work he performs under the contract of employment, whether such payments are made in cash or in kind.

“Remuneration shall include the cost of living allowance. It shall also include any grant given to the worker as a reward for his honesty or efficiency if such amounts are provided for in the employment contract or in the internal regulations of the establishment or have been granted by custom or common practice to such an extent that the workers of the establishment regard them as part of their remuneration and not as a donation.”

It is assumed that you have already signed the end of service settlement with your previous employer and have cancelled your visa as well. If such is the case, you may have to file a civil claim against your previous employer to claim a bonus. Even if it is obligatory on your previous employer to pay a bonus in accordance with the terms of your employment contract, the civil court will accept the case only under the ground of damages, not as a labour issue because of the jurisdiction rules.

■ Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocate and Legal Consultants.