UAE Labour Law does not oblige employer to provide annual flights to workers

I am on an unlimited contract of employment and have a query about standard terms. The company says it will not provide repatriation flights if I resign at any time. The terms of the contract are sketchy, as it mentions flights home but only when the contract ends. What am I entitled to by law? JM, Abu Dhabi

There is nothing in the UAE Labour Law that states that an employer has to provide annual flights to an employee and that is purely a contractual agreement. While this is fairly standard for many companies this is a matter of habit and practice rather than legal obligation. Article 131 sets out entitlement to a flight at the end of service. This states: “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. Subject to the provisions of the preceding clause, should the employer not repatriate the worker and not pay the expenses of such repatriation, the competent authority shall do so at the expense of the employer. Such authority may recover such expenses by means of attachment. Should the reason of the termination of the contract be attributable to the worker, the latter shall be repatriated at his own expense should he have the means therefore”. It is therefore clear that should a person resign, and have the means to pay for a flight back to a home country, they must pay this themselves.

I signed an offer letter with a company in Abu Dhabi on May 19, 2016. They organised a change of visa status to an employment visa on July 11 last year and the stamping of the visa took place on October 10. My residency visa has an expiry date of October 8, 2018. I am unclear as to when my actual start date and contract dates are as I was told to sign the employment contract without reading. Also, after the dissolution of the contract, who holds the residency card? UU, Abu Dhabi

The date on which an application to the Ministry of Human Resources and Emiratisation (MOHRE, formerly Ministry of Labour) is approved is usually the agreed start date of any period of employment and this will be on the contract that is lodged with the Ministry. The date any contract is signed is not the start date and no one should ever sign any paperwork without reading it. Any employee is entitled to obtain a copy of this legal contract and can request a copy via the MOHRE website, eservices.mohre.gov.ae.

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.

pf@thenational.ae

Follow us on Twitter @TheNationalPF