(MENAFN- Khaleej Times) It is understood that you are based in Delhi and that your daughter resides with you pursuant to a non-judicial separation with your husband without a formal dissolution of your marriage. And you wish to seek an employment in Dubai and also wish to bring your daughter to Dubai, under your sponsorship.
Pursuant to your question, it may be advised that, once your prospective employer obtains an employment visa for you and it is affixed on your passport, you may subsequently apply for a dependant visa for your daughter in Dubai. For this, you will need to apply to the General Directorate of Residency and Foreigners' Affairs (the "Directorate") in Dubai and the issuance of the visa for your daughter will be at the sole discretion of the directorate.
As per the prevailing rules of the directorate, you may sponsor your daughter if you have a minimum salary of Dh10,000 or salary of Dh7,000 plus employer's accommodation or your own accommodation. In case of your own accommodation you should have a valid Ejari tenancy contract for your accommodation. Further, you will also need to secure a letter of no-objection or NOC from your husband stating that he has no objections with your daughter staying with you in Dubai under your sponsorship. The NOC should also be duly notarised and legalised in India.
Commencement of annual leave at employer's discretion
I work in Sharjah. I went on vacation for 30 days and returned on the 31st which was a Friday. But my company is deducting my one day wage for Friday. Please advise if this is legal? Can we not take leave starting with and /or ending with Friday to get advantage of Friday which is my weekly off day?
It is understood that you are working at a Sharjah based entity, and that you had left for your annual leave for 30 days and you returned on the 31st day which was a Friday. Pursuant to this, your employer is deducting a day's salary for arriving on a Friday which is a holiday in the UAE. It is presumed that your employment is subject to provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").
Further to your question, it may be advised that you are entitled to 30 days of paid leave for your annual vacation, in accordance with Article 75 of the Labour Law which states:
"Every worker shall, within each year of service, be granted a period of annual leave of not less than:
(a) Two a month, where the worker's period of service is more than six months but less than one year;
(b) 30 days a year, where the worker's period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year."
Further, it may be noted that the commencement of annual leave is at the discretion of the employer, in accordance with Article 76 of the Labour Law which states: "The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. Notwithstanding the foregoing, the provision respecting the division of leave shall not apply to leave fixed for young persons."
In view of the foregoing, it may be advised that you are entitled to 30 days of paid annual leave, pursuant to which you are supposed to return on the last day of your annual leave. If you should choose to return on the 31st day, the employer may at his discretion deduct a day's wage from your salary. However you may argue with your employer that you did not miss a day of work at the office as the 31st day happened to be a weekend and therefore try to prevail upon the employer that no working day was lost due to your return on the 31st day from your annual leave.
It may, however, be noted that issues pertaining to commencement and end of annual leave, are dealt with in good faith between the employer and the employee and their mutual agreement on the issue.
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