Tuesday 29 March 2016

Why millionaires are stealing in Sharjah

Wealthy UAE residents caught shoplifting are suffering from kleptomania, says police colonel
Sharjah: A number of millionaires and well-known individuals in Sharjah faced legal liabilities after they were caught allegedly shoplifting as they suffered from kleptomania - the inability to refrain from the urge to steal.
In an exclusive interview with Gulf News, Colonel Dr Khalifa Kalander (left), director of the Comprehensive Police Stations at Sharjah Police, said, “These people were not motivated by need but [perhaps] by a psychological desire … [they] feel better when they steal.”
Col Kalander cited a number of instances of petty thefts. An Arab millionaire was arrested and referred to Sharjah Police after a nurse, who worked at a private clinic in Sharjah, alleged that he stole her mobile phone worth Dh200.
When the man was summoned by the police for questioning, he arrived in a car worth Dh500,000.
During questioning, he confessed to the police that he had indeed taken the mobile phone but he did not know why he had done so.
He added that it was unintentional because he suffered from kleptomania, a mental disorder he was suffering from since childhood and sought the help of the police in ridding himself of the habit.
After having confessed to the police, the man returned the mobile phone to the nurse and even offered her compensation.
The case was amicably resolved and the nurse dropped the charges against the man.
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Shoplifters: Criminals or patients?
In other incidents of shoplifting narrated by Col Kalander, an Arab businesswoman in her 40s stole a loaf of brown bread from a supermarket and when questioned by the police, she too said she was not aware of why she had done so.
An Asian woman while shopping with her daughter in a supermarket in Sharjah stole make-up items worth Dh50 and was caught on camera as well as by the supermarket employee. When the supermarket security questioned her about how the items had ended up in her bag when she had not paid for them, she claimed that her daughter might have put them in her bag. At which, her daughter protested her innocence and shouted, “Ma, you put it in the bag ….”
The innocence and honesty of the child called the mother’s bluff, said Col Kalander.
The mother and daughter were taken to the police station and the woman’s husband was informed about the incident. When he arrived at the police station, he expressed shock and embarrassment at his wife’s conduct given that he was a millionaire, said Col Kalander.
Later, the manager of the supermarket came to the police station and dropped the charges. He told the police that the man and his wife were regular clients of the supermarket and that his staff had called the police without referring the incident to him.
Most such cases, said Col Kalander, that involved the rich and the well-known were resolved amicably.
“Most of these cases involve petty thefts which were not planned in advance … such cases increase during sales season,” Col Kalander said.
When it comes to kleptomania that manifests in shoplifting, both men and women were guilty of it, he said. He added that police records show that women commit them more than men.
It doesn’t seem to matter whether the goods these wealthy and well-known people steal are worth something, said the police. These people steal things they can easily afford. Some items that are shoplifted cost as little as Dh3 (such as the loaf of brown bread).
Like many teenage thieves, these adults’ response is usually to come up with an unlikely excuse such as they took the item by mistake, or that their children put those item/items in their bag without their knowledge. Sometimes, they go into outright denial even after being caught on camera, said Col Kalander.
Some individuals in this category have a history of mental instability, and are sent for counselling following their arrest, he said.
Col Kalander said people who seek help from the police are sent to the social support division to complete their treatment. “It’s optional and free,” he informed.
“The law treats all who are involved in petty thefts as a criminal whether they intended to steal or not,” said Col Kalander.
The police file a case of theft and transfer it to the public prosecution where it is decided whether to pardon the suspect, based on his medical report, or send him/her to court.
If the accused presents a medical report in the court regarding his condition [kleptomania], the ruling depends on the judge, said Col Kalander.
Most of such petty thefts which end up in police records are usually solved amicably as the victims [of theft] waive the case, he added.
He urged people who suffer from kleptomania to seek medical and psychological help to rid themselves of this habit and protect themselves from legal action.

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Hands-free calls to be banned in UAE?

Last year, UAE witnessed 675 deaths in road accidents, and use of mobile phones continues to be one of the biggest causes of accidents, second only to speeding.
New regulations could ban Bluetooth calls and speaking through earphones while vehicle is moving
I
Dubai: Hands-free calls while driving could soon be banned as the Ministry of Interior is working on regulations to limit use of smartphones and other electronic gadgets in cars, Gulf News can confirm.
A top ministry official confirmed to Gulf News on Monday that the new regulations would ban both Bluetooth-enabled calls as well as speaking on phone through earphones while a vehicle is on the move.
Major Khalfan Saeed Al Naqbi, Head of Traffic Planning and Policy at the ministry, said that several international studies have shown that speaking on the phone while driving impacts the way one drives and diverts the attention of a driver, irrespective of the fact whether one uses a handheld device, a Bluetooth-enabled device or speaking through a headphone.
Speaking to Gulf News on the sidelines of the Vehicle Safety Conference at Intercontinental Festival City on Monday in Dubai, Major Al Naqbi said: “Use of phones either through Bluetooth or headphones impacts driving. Whether one uses the hands or not, speaking on the phone can have an adverse impact depending on what is spoken. It could make the driver angry or cause him stress and that adversely impacts his driving. This is why we working on updating our regulations on phone use.”
He added that apart from phones there are too many handheld smart gadgets that are are used by people every day and the regulations are being updated to cover all those devices that impact driving.
“Road accident data has shown us that use of some electronic devices impacts driving and that is the reason why we are working on regulations or ways that will limit the use of gadgets like Google Glass, smart watches as well as other telematics that are installed in vehicles,” he said.
Al Naqbi informed that the changes are being initiated at the GCC level.
“We are dicussing with the traffic authorities of all the regional countries so that there is some uniformity in regulations across the region. All GCC countries are closely connected and vehicles cross borders regularly so it is necessary to have the changes at the regional level,” he added.
He also said that apart from bringing in new regulations, the ministry is working on ways to ensure the rules are implemented.
“We have involved university students as well as experts to develop an app that will automatically block the use of phones or other smart devices while a person is driving. We have also tried using jammers, but we are not convinced about jammers because we found that they can have adverse health impacts,” he said.
Al Naqbi said that the ministry is conducting regular workshops to try out multiple options that can help limit use of phones and smart gadgets while driving.
Last year, UAE witnessed 675 deaths in road accidents, and use of mobile phones continues to be one of the biggest causes of accidents, second only to speeding.
According to a study, a legal hands-free device makes a driver at least four times more likely to have an accident and has a 15-minute concentration lag effect.
Physical use of smartphones makes driver up to 22 times more likely to cause an accident and is more than three times dangerous than drink driving.
The first Vehicle Safety Conference, organised by the Ministry of Economy, discussed various aspects of vehicle safety, including inspection, maintenance, standards, etc. The conference saw attendance by industry leaders as well as regulators.

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Sunday 27 March 2016

Over stay fines and other fines

In Dubai, If you are canceling employment visa after the grace period, you will have to show air ticket and pay Dh 220 for out pass at the Immigration Department. Then you should exit within one week and enter on new visa if you have got new visa. There are 29 days grace period from the date of visa expiry/cancellation whichever come first
• If you are overstayed after canceling the previous visa or overstayed on visit/tourist visa, you must exit to Oman or home country and enter on new visa. Status change is not allowed for overstayed people. There are 29 days grace period from the date of cancellation.
Visit/Tourist Visa
How much is the fine if I overstayed on Visit/Tourist Visa?
• Fine for Visit visa/Tourist Visa over stay.
Dh200 for the first day and Dh100 for each consecutive day. This fine to be paid at Immigration or at the airport when the Visitor exits.
Personal Sponsorship: Incase the visitor overstays, you should pay fine as mentioned above and you will lose the deposit amount (Dh1000/2000).
Residence/Employment Visa
How much is the fine if I overstayed after cancellation of my Residence Visa?
• Fine for Residence Visa, Employment Visa overstay: Dh25 per day for first Six months. Dh50 per day fine for second Six months. Dh100 per day fine after one year. Fine will be calculated after 30 days of grace period. This fine to be paid at Immigration at the time of renewal or cancellation. If your overstay period is more, you should approach Aweer Immigration office to complete the procedures.
• Overstay after cancellation of Residence Visa and Employment Visa: Dh25 per day fine to be paid at the airport while going out. If your overstay period is more, follow the above steps.
Labour Card/Work Permit
How much is the fine for Labour Card if I did not renew after expiry?
Dh500 per month fine to be paid if delayed to submit new labour card application within 60 days from the date of entry/status change, or delayed to renew labour card within 60 days from the date of expiry. New fees effective from 04/01/2015.
Occupational Health Card
How much is the fine for Occupational Health Card after its expiry?
• Employee has to apply for this Card within 30 days from the date of his arrival/ Status Change. If delayed, Dh310 will be fined. Card must be renewed within 30 days from the date of expiry. Incase of delay fine Dh310 to be paid.
• If the employee is outside the country and his/her Occupational Health Card is expired, then he/she must renew the card within 5 working days from the date of entering the country.
Vehicle Registration Certificate / Mulikiya
How much is the fine for Vehicle Registration Certificate late renewal?
Fine for Mulkiya late renewal: Dh20 per month to be paid at RTA at the time of renewal.
Mission Visa
Is there any fine if the Mission Visa holder did not exit on expiry of his Visa?
Visa holder has to enter UAE within 14 days from the date of Visa issue. Within 30 days from the date of arrival, Medical and Labour Card processing must be completed.
In case of failure to complete the said procedures within 30 days, fine for delay will be calculated at Dh100 for every day. Same fine will be charged for each day incase failed to renew labour card on completion of 3 months.
Upon the expiry of the renewal period of the mission visa, the holder has seven days to leave the UAE. In case of delay, Dh100 will be calculated for every day.
Emirates ID
How much is the fine for late renewal of Emirates ID?
• Grace period: 30 days from the date of expiry
• Fine Dh20 per day and maximum Dh1000
• ID Card must be replaced within 30 days incase of changes in sponsor or Profession.
Driving License
Is there any grace period after expiry of Driving License?
• Grace period: 10 days from the date of expiry
• Fine Dh10 per month
Trade License (Department of Economic Development)
How much is the fine charged by DED for late renewal of Trade License?
• Grace period: 30 days from the date of expiry
• Fine: Dh200 per month
Immigration Establishment Card
Is there any fine after expiry of Immigration Establishment Card?
• Grace period: 30 days from the date of expiry
• Fine: Dh100 per month

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Drivers can pay fines in Dubai in installments... on condition

But they must have clean police record.
Drivers can pay traffic fines in installments in Dubai provided they have a clean criminal financial record and must pay at least Dh5,000 as a first installment, the emirate’s traffic chief was reported on Wednesday as saying.
The facility benefits only expatriate drivers whose cars are registered in Dubai but it also applies to Emirati drivers even if their vehicles are registered in other emirates, Colonel Saif Al Mazroui told.
He said individual drivers must pay a minimum Dh5,000 as first installment and pay the rest over a period of 12 months while companies must pay at least Dh20,000 as a first installments. In case the fines exceed Dh30,000 for individual drivers and Dh250,000 for companies, they can apply for a longer period of payment.
“Drivers having a clear criminal financial record is a pre-requisite to benefit from this facility…drivers also cannot sell or transfer the ownership of their vehicles before completing payment,” he said.
He said that in case drivers default on payment, they will be deprived
from this facility for two successive years
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How to answer dreaded job question: ‘Why should we hire you’? Don’t repeat what’s already mentioned on CV.

Most often those on the interview board ask candidates the same set of questions and one of them that figures prominently on the list is ‘why should we hire you’?
And, here candidates make the mistake of just repeating what’s already mentioned on the CV. The recruiters are not looking for that. They want to hear a smart and witty answer than the old boring things like you are a hard working employee, sincere and well experienced.
On the contrary, your answer you should serve as an opportunity to let your employer know what you have to offer, why you are the perfect candidate for the job and can bring things to the table which other may not and this can be done in three steps.
Step 1# Research the role and the company
If you are shortlisted and called for an interview, the first thing is to do a thorough research of the company and the job applied for.
Quite often candidates just turn for the interview without even knowing what is expected of them and this will definitely show during the interview process.
The secret is to review the job description and the company and then match it with your resume and ask yourself some questions. What are the necessary qualifications for this position from the company’s perspective and do you meet them? In which areas of expertise do you really shine and if you are lacking something prepare some answers to cover that area? How your strengths far outweigh if something is missing?
Step 2# How are you different?
You have to come up with some convincing answers that make you different from the typical candidate. For example, if you’ve applied for a marketing job, you should have something more than a simple marketer can offer. It could be your presentation making skills, social media skills or a big network of clients and this is what could differentiate you from the crowd.
Step 3# How are you passionate about the job?
An individual will do his best and succeed in his job only if he is passionate about the job. And, that’s what the employers want to hear from you. They want a candidate who is full of energy and looking forward to work for them. Blank statement like, “I like the company and its culture,” are too mundane and won’t sell you.
And, if you’ve researched the company and compared it with competitors in the market you will have an idea of how to differentiate it and why it makes an employer of choice.
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Pakistani alert: How to land a job legally in the UAE

Labour Attaché at Pakistan consulate in Dubai offers checklist for Pakistanis looking for jobs in Gulf.
Millions of Pakistanis are working overseas with many of them in the UAE and the neighbouring Gulf states.
Many more are looking to move overseas in search of greener pastures.
Spending hundreds of thousands of rupees, some of them are trapped by unauthorised agents luring them by offering jobs.
Since using unauthorised agents is illegal and also fraught with risks, Pakistani job-seekers have now been advised to go through proper government channels.
A senior labour official here in Dubai has suggested young Pakistanis looking for jobs in the Gulf region to have properly documented contracts and also utilise government-approved employment agencies to get jobs.
Read: Dubai helps 7 stranded Pakistanis return home
“People should come through government-approved recruitment agencies rather than unauthorised private agents,” Haroon Malik, Community Welfare and Labour Attaché at Pakistan consulate in Dubai.
Replying to a query on how young Pakistanis looking for jobs in the UAE can get jobs through proper legal process and without involving unauthorised agents, Malik said the procedure is the that the employer in the UAE or any other country will have an agreement with Pakistan Overseas Employment Promoters Association.
The two parties negotiate the terms and conditions for the recruitment of the labourers on their behalf in Pakistan. That document is then attested by the Labour Attaché Office there in Pakistan.
The parametres that have been set by consulate here in Dubai is that the people pay a visit to the employer and the company to enquire about the work and living conditions of the workers.
During the interview, the consulate assesses the company or employer’s profile and attests the documents.
Then the jobs are advertised in the media based on the terms and conditions set between the two parties.
The interested candidates can then apply for jobs and interviews.
Malik noted that the employees must go through the contract and fully understand the terms and conditions. “They (candidates) should trust the salary mentioned on the contract with the employer rather than verbal agreement.”
Below is a guide for Pakistanis looking to seek employment in the UAE and other Gulf states through legal channels which will also help them ensure their rights are protected.
Step 1: Employer and Pakistan Overseas Employment Promoters Association sign contract
Step 2: Two parties negotiate terms and conditions for hiring the candidates from Pakistan for overseas employment
Step 3: Documents are attested by the Labour Attaché Office in Pakistan
Step 4: Dubai consulate officials visit employer to ascertain work and living conditions of workers coming here
Step 5: After assessment, jobs are advertised in Pakistan and prospective candidates are invited for interview
Step 6: After clearing the interview, the candidates are given contracts and jobs

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1 in 10 new recruits are 'poor hiring decision': Research

Cost of hiring a bad employee and how to avoid it?
One in 10 new recruits are regarded as a ‘poor hiring decision’ according to new research from recruitment company, Robert Half UAE, with 77 per cent of HR directors admitting that they have hired someone who did not meet expectations.
The impact of a bad hire stretches beyond the financial cost, it can have a wide affect across a company.
More than half (55 per cent) of HR directors said that loss of productivity is the biggest impact associated with making the wrong recruitment decision.
Over a third (35 per cent) said that a poor hire reduces staff morale while only one in ten (11 per cent) HR directors said that it has resulted in significant financial costs, such as the employee’s salary and lost performance; education and training costs to raise performance levels; impacted productivity of the employee, colleagues and management; potential loss of revenue and the ultimate cost to re-recruit for the role.
UAE hiring managers were asked in the survey, “Which one of the following, in your opinion, is the single greatest impact of a bad hiring decision?” Their responses included lost productivity (55 per cent), lower staff morale (35 per cent) and monetary costs (11 per cent).
Businesses are looking to hire to support growth plans, but are finding it challenging to hire skilled professionals. This is partly due to demand for skilled professionals outweighing supply, leaving UAE companies at risk of not being able to hire the right people they need. It is therefore essential that every employee demonstrates the value they can offer through measurable results,” said Gareth El Mettouri, Associate Director at Robert Half UAE.
The research also shows that the vast majority (80 per cent) of HR directors find it challenging to identify and recruit skilled professionals.
The prevailing war for talent is anticipated to increase substantially over the next 12 months due to an ongoing skills shortage in the UAE market.
When identifying the challenges faced in sourcing and recruiting talent, half (48 per cent) of HR directors cited a lack of niche or technical experts, followed by general demand outweighing supply (30 per cent) and a lack of commercial business skills (15 per cent). Only 7 per cent cited slowed hiring during the recession resulting in a lack of candidates with the right skills.
Here are some do’s and don’ts to deal with this problem:
1# Providing detail to ‘sell’ the job will result in better applications. Details such as team size, reporting lines, corporate values and training opportunities will all prove attractive to potential candidates.
2# Cultivate a talent pipeline by personally reaching out to your network and recruiting sources. Online tools can be valuable, but personal interaction is the most important aspect of the hiring process.
3# Extend an offer once you identify your top candidate. Companies that don't move quickly risk, are losing good people to other opportunities.
4# Offer a remuneration package that, at a minimum, meets the market standard. Stay current on prevailing trends by reviewing resources such industry salary guides.
5# Identify the skills that are mandatory and those that can be developed. The goal is to hire the person who is the best match for the job and your work environment.

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Switch off illegal satellite TVs or face hefty fine, Dubai residents told

Anti-piracy crackdown saw illegal dish antennas removed from residential rooftops in Muhaisnah
By Sneha May Francis
Published Wednesday, July 01, 2015
In a crackdown on illegal satellite broadcasting services, authorities have removed illegal dish TVs antennas, pitched on residential building rooftops, and warned residents against subscribing to illegal TV.
Several buildings in Dubai’s Muhaisnah area had illegal satellite dishes removes, with notices put out informing residents that they were violating the UAE law, and would need to subscribe to OSN instead.
Over the years, Department of Economic Development (DED) has inspected many areas in Dubai, and taken down illegal TV satellite dish antennas.
“When we got back home, we were surprised to find our TV was not working. When we asked our watchman, he told us that officials had inspected our building, and the satellite dishes were taken away,” said a building resident, who did not wish to be named.
“I don’t know if they have penalised the landlord or any individual families in the building, but the watchman has put up the 'legal notice' that he was provided by the officials.”
Illegal Indian/Pakistani TV satellite channels are popular among the expat community as they are cheaper.
However, many residents are unaware that putting up these antennas can attract penalties of up to Dh50,000.
The legal notice, issued in the public interest by Government of Dubai, Department of Economic Development, read, “The advertisement, sale and/or distribution of television service by unlicensed, unauthorised and unlawful television service providers in the UAE is illegal.
“Dish TV/Tata Sky/Sun Direct/Airtel Digital TV are not authorized in the UAE, and the sale/use of their dishes, receivers and/or smart cards (or those of any other unauthorized operator) violates intellectual property rights and related laws of the UAE.
Any person and/or business selling, using and/or promising the aforementioned illegitimate TV services will be contributing and fostering criminal activities, such as organised crime and is liable to fines and/or jail terms.”
OSN has partnered with the UAE authorities to fight against television piracy.
The notice reads, “Television services shall only be obtained through legitimate services. OSN has been granted exclusive rights for televisions series, channels, movies and sporting events for the Mena region.”
While officials have conducted numerous crackdowns in the past, many continue to openly advertise for them through classifieds online. A quick check showed numerous advertisements for 'all kinds of dish and CCTV installation'.

5 new questions Dubai driving licence hopefuls will have to answer Risk assessment is now part of the exam.

Five more questions have been added to the theoretical exam for a driving license in Dubai, testing the trainees’ ability to assess risks on the road and respond to these risks.
This part of the Theoretical Knowledge Test is called the Risks Recognition Test.
Five videos lasting 25 seconds each depict specific environmental conditions and a set of unique associated road risks, posing the question how the driver-to-be would cope with them, explained Ahmed Bahrozyan, CEO of Dubai RTA’s Licensing Agency.
“Examples of these include conditions related to driving in rainy weather, highways, school zones, desert areas, densely populated or market areas with high pedestrian traffic, residential areas and night driving.”
The questions are already doing rounds, as they were added on July 1 this year.
“The training on the risks recognition is one of the key tests that contribute to enhancing the traffic awareness of driving trainees on how to cope with different road conditions, and empowering them to better assess all risks in order to encounter them after obtaining their driving licenses.
The prime objective is to graduate drivers with high sense of safety, traffic awareness and skills in order to reduce traffic accidents in Dubai roads,” Bahrozyan pointed out.
With the addition of five questions, the theoretical exam of the driving license now poses 40 questions to the future road user.
Bahrozyan explained earlier that the question bank has been updated twice since it was developed in 2010, each time increasing the volume by about 30 per cent.
“Some questions are removed, such as those that prove to be tricky or difficult, or have spelling mistakes,” he noted.
Annually, 200,000 tests are conducted. Students score best in the light motor theory test, where seven out of 10 pass on average.
The new test is currently conducted in three basic languages, i.e. Arabic, English and Urdu. Next September the Automated Theoretical test can also be run in Chinese, Persian, Indian, Malayalam, Bengali, Russian and Tamil languages, including the Risks Recognition Test.

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Job hunting in UAE? 5 factors that will make employers hire you Perfect resume to online presence… it all counts.

Employers want to hire the ideal candidate who has it all but there are certain factors that are more important than others that can make you more employable. If you are on the job hunt here are five factors that will weigh a lot more in your favour making you a perfect match for the job you vie for.
1# A perfect resume
Your resume is the first impression on your potential employers and it’s very important that you give your best shot here.
This one page document should be packed with your professional experience and should package all your achievements and laurels that speak of you as a die-hard professional. Take the time to create a customised resume for every job application instead of a generic one making it more meaningful.
And, do away with information that was considered essential about a decade back or so. These include a long CV, things like my objective, references available upon request, hobbies and personal details. These are outdated now. Instead, load it with any web presence you may have so recruiters can see all about you with a click. A good example here is providing a link to your blog or published work.
2# Get regional experience
Regional experience is now more important than a fancy degree. An increasing number of hiring managers in the country are looking for candidates who have prior work experience in the UAE or at least in the region.
This can be seen in many sectors across the country. Most employers now prefer somebody who has knowledge of the market and you’ll definitely have slimmer chances if you are running against a candidate who has worked for local firms.
3# Clean online presence
Most hiring managers do a simple Google search on the candidates so it’s very important that you have a clean online presence. To fit into that slot avoid doing things that may put you in an embarrassing situation. Have strict privacy settings to make sure not everyone can access all that you post.
Some companies also go ahead with doing background checks so ensure that you have nothing to hide and refrain from giving any false information that can be traced back. Honesty is the best policy here.
4# Have a strong network
Networking is not an optional thing in today’s world. It not only helps you land a job but is considered vital to the employer as well. The hiring manager should know that you are well connected and if hired will bring in strong connections from the industry that can be important for business.
And take networking as a long-term thing. This means it is a long term give-and-take process that puts you on the inside track in the area that interests you and establishes you in the running for any attractive position that comes up in the future and makes you a recruit with strong contacts.
5# Brand yourself and market it well
You have to make a strong personal brand. HR experts believe developing a personal brand is similar to product branding with the aim to differentiate yourself from others and highlight your USP that others lack.
And just as with a product, you need to market it as well. Define your brand, brand attributes, position and sell it in a way that puts you ahead of your competitor.

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Know the Law: When, why UAE employer can withhold your gratuity.

There are areas where employer can build case for not paying employee in service for more than one year: legal experts
By Shuchita Kapur
Published Tuesday, August 25, 2015
The UAE labour law dictates that gratuity or end-of-service benefits are payable to employees who have completed one year or more in continuous service.
Despite meeting that criterion, there are a few clauses that can keep an employee from receiving the payment.
The first most obvious clause is less than a year of service, which is common knowledge.
“Where an employee is engaged under an unlimited term contract, no end-of-service gratuity (ESG) will be payable where the employee has been continuously employed for less than one year,” Jamie Liddington, Head of employment at Hadef & Partners, told this website.
There are other areas as well where the employer can build his case for not paying the employee despite being in service for more than one year.
It’s also important to understand some core points of difference when it comes to gratuity for those under a limited or unlimited contract, and here are the scenarios that can keep you away from getting your gratuity amount in your bank account.
According to Liddington, those under unlimited term contract may have to skip this amount if s/he “has been continuously employed for more than one year but resigns without providing the minimum period of notice required under the contract and without reasonable grounds to show that [firstly] the employer had, at the time of the resignation, failed to honour his contractual obligations to the employee or [secondly] he was assaulted by the employer or his employer’s legal representative.”
Then, there is a list under article 120, which employees should be aware of when it comes to gratuity entitlements.
Speaking to Emirates 24|7, Sara Khoja, Partner at law firm Clyde & Co says: “An employee who is terminated under article 120 of the Federal Labour Law, Law no 8 of 1980, is not entitled to end -of-service gratuity benefit or notice.”
Another scenario when the gratuity payment can be withheld is when “the employee has been continuously employed for more than one year but the employee’s employment is terminated for a reason set out under Articles 88 or 120 of the Labour Law,” states the expert at Hadef & Partners.
Khoja explains the clauses in article 120, under which gratuity will not be paid.
These include:
• Termination during probation or on its expiry.
• If the worker has adopted a false identity or nationality or submitted forged certificates or documents.
• If a worker makes a mistake causing substantial material loss to the employer provided the employer notifies the relevant labour department within 48 hours of the accident.
• If the worker disobeys instructions regarding industrial safety or the safety of the workplace provided the instructions have been issued in writing and are posted conspicuously in the workplace in a language accessible to the employee or explained to him orally.
• If the worker does not perform his basic duties under the contract and persists in violating these despite being investigated and receiving a written warning notifying him of termination in the event of repeat offences.
• If the worker reveals his employer's trade or business secrets or confidential information.
• If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals.
• If the worker is drunk or under the influence of an illegal drug during work.
If while working the worker assaults the employer or his manager or a colleague.
• If the worker is absent from work without a valid reason for more than 20 non-consecutive days or more than 7 consecutive days.
Those working in another company without getting set approvals from the employer can also jepoardise their gratuity.
“Article 88 concerns working for another employer (without permission) during a period of annual or sick leave,” says Liddington, and this can lead to problems for the employee.
In cases where an employee is engaged under a limited or fixed term contract, “no ESG will be payable where the employee resigns before completing five years of continuous service unless he can show that (i) the employer had, at the time of the resignation, failed to honour his contractual obligations to the employee or (ii) he was assaulted by the employer or his legal employer’s legal representative,” he explains.
As per Khoja, those engaged on an unlimited term contract may get a reduced amount if the minimum term is completed.
If an employee “resigns in the first five years of employment, the end of service gratuity entitlement is reduced to 1/3rd if the employee has between 1 and 3 years of service and to 2/3rd if the employee has between 3 and 5 years of service. The employee may resign without suffering any reduction in gratuity if he has 5 years of service or more.
If an employee is engaged on a fixed term contract then he must complete the duration of the term in order to be entitled to gratuity. If he has 5 years or more of service then he can resign without completing the term of his fixed term contract and will still be entitled to end of service gratuity,” she adds.
The above information is relevant for UAE onshore companies and not those domiciled in the DIFC, which has a different employment law – Law No 4 of 2005 as amended.

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