How a salary is divided is not decided by law
I have been offered a new job with a mediumsized company but I have some concerns about how they have worded the final offer. I was originally told that the salary would be a total of Dh32,000 a month – about right for the role – but in the contract I was
There is nothing in UAE Labour Law that specifies the split between basic salary and allowances, so it is down to the discretion of the company but it is expected to be reasonable and justifiable. The end of service gratuity is calculated on the final basic salary so companies should not keep this artificially low to reduce their future liabilities. If they wish, any employer can pay a higher gratuity figure, but that is purely at their discretion. The general expectation is that the salary would not be less than 60 per cent of the total, but if it is less than 50 per cent the employee would have a strong claim for unfair treatment with the Labour Court if they chose to challenge that but it is far better to agree an appropriate split at outset. An employer is not permitted to make changes to a contract of employment once it has been agreed and signed, nor to the salary or allowances payable, without the agreement of the employee.
I have left the UAE and have since lost my UAE driving licence. I travel in and out from time to time on a tourist visa so can I apply for another one when I am there? R R, Kazakhstan
While it is a relatively straightforward process to obtain a replacement licence if the original has been lost, this option is only available to people who are resident in the UAE. As part of the process, the government department in the emirate of residence requires sight of the passport, with a visa, and Emirates Identity card so only UAE residents will be able to provide this. Tourists cannot obtain, renew or replace a UAE driving licence.
My query is regarding a visa for my mother. My mother came to Al Ain in 1980 and has been here since then, working from 1990 until November 2016. She is a widow. My sister has an Abu Dhabi-issued working visa and tried applying for a visa for my mother, but we did not get approval. My mum is 66 and has a number of health issues. My other two sisters and I all live in Al Ain and can support my mother as we are all working and have residen- cy visas. We were all born and brought up here and there is no one back home in Pakistan who can take care of our mother. Her work-related residency visa has been cancelled by her employer. We were initially told that we would be able to sponsor her and have been trying to do this for a few months but have now been told it is not possible. What can we do to get her a visa? R M, Al Ain
The immigration departments of the various emirates states that it is possible to sponsor a parent but there are specific criteria with which the sponsor must comply. The sponsor must have a valid residency visa and an income of over Dh4,000 per month, according to the website of the Abu Dhabi Government. It is expected that both parents would be sponsored, so in this case they must provide evidence that the mother is a widow and declare that there is no one in the home country that could take care of her, usually by way of an attested document from an embassy or consulate to this effect. The sponsor must also have suitable accommodation with adequate space.
When submitting the application with all the relevant paperwork, the sponsor also needs to explain why, on hum an itarian grounds, they need to sponsor the parents, but all cases like this are considered on individual merit. A higher income and supplementary information will help to support an application and if an initial application is rejected it is possible to apply again with additional information or even to use the services of a PRO who is fully familiar with the processes. Note that UAE medical insurance must be arranged for any dependents on an Abu Dhabi visa.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 20 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