'Do I need to work extra days to compensate for sick leave?'

Article 31 of UAE labour law confirms payment for the first 15 days, with full pay during sick leave

After the probationary period has ended, all employees in the UAE are entitled to a certain number of paid sick leave days each year. Sarah Dea / The National

Question: I was ill recently and had to take two days off work. I managed to get a doctor’s certificate as there is a clinic by my building but my boss is telling me that I have to work extra days to make up for the sick leave.

I am supposed to work on my off days or he says he will not pay me. This is my only time being sick this year. Is this right? CB, Dubai

Answer: Once the probation period has passed, all employees are permitted a certain number of days off work due to illness each year, for which they must be paid.

This is set out in Article 31 of the UAE labour law, which confirms the payment for “the first (15) fifteen days with full pay”.

This shows that CB is entitled to his usual pay for those two days and does not have to work any additional days.

If his employer persists, even after the law has been explained, he can register a case with the Ministry of Human Resources and Emiratisation.

Q: I have been in the UAE for a few years and have been offered a job in Kuwait. It looks quite good but I need to know about the laws there.

Is the labour law similar to that of the UAE? Do I have the same level of employment protection as I do now?

I have been offered a contract that is for three years but it has a penalty if I want to leave early. I know that cannot happen in the Emirates now, so is it the same in Kuwait? AH, Abu Dhabi

A: While Kuwait is part of the GCC, it has its own laws and labour regulations. Most of this is as set out in the Labour Law for the Private Sector (Law No 6 of 2010).

There are some similarities and the law states that salaries must be paid within seven days of the due date. It also sets out a maximum working week of 48 hours, mandated rest days, sick leave, termination compensation and annual and public holidays, among other conditions.

Note that the Arabic version of any contract of employment prevails in case of dispute and a copy should be provided to the Public Authority for Manpower, under the control of the Ministry of Social Affairs and Labour.

Contracts can be on a fixed term, known as a definite term, or on a permanent basis. Definite term contracts have a minimum term of a year and a maximum of five years. By mutual consent, the contract can be extended for a maximum period of five years.

Should AH decide to end the contract early, he is liable to compensate the employer.

Article 47 of the relevant labour law states, in relation to either an employee or employer terminating a contract, “he shall then be obliged to compensate the other party for the damage incurred by him, provided that the compensation amount shall not exceed what is equal to the labourer's wage for the remaining period of the contract”.

For a longer-term definite contract, that could be a substantial amount.

The law states that employees who are paid monthly must provide at least three months’ notice.

For both parties, there are provisions to cancel a contract sooner, without penalty, if the law has been broken.

Q: I will be moving back home to the UK at the end of September. I know I have to submit a form to send my possessions to the UK but have a question. Do I need to include my pets on the form?

I have a rescue Saluki-cross and a former street cat that I am taking back with me. Neither has any monetary value, so do I need to include them? NG, Ras Al Khaimah

A: The form that is being referred to is the Transfer of Residence form, known as Tor. This is required if anyone is moving to the UK from anywhere outside of the EU and is shipping personal items. That includes furniture, personal effects, cars and, yes, animals including rescued pets.

This document was introduced in April 2017 and must be completed to ensure people are not charged VAT on their possessions.

Details of any pets must be declared on the form as they are considered personal belongings. The form does not ask for a monetary value for pets.

All pet cats and dogs in the UAE should be microchipped and the microchip number must be included on the form.

There are a number of good pet relocation companies that assist with not only the physical transport of pets but also the paperwork and legal requirements. The animals must meet the requirements of the UK’s Pet Passport Scheme in respect of vaccinations and health.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 years’ experience. Contact her at [e-mail] at www.financialuae.com

The advice provided in our columns does not constitute legal advice and is provided for information only