Six-month ban

A reader from Dubai asks: I am confused about changing my job from the present company. I will complete two and a half years by the end of this month [unlimited contract]. If I get a new job, is the six-month ban applicable on me even after getting an appointment letter from the new employer? What is the fee I'll have to pay to lift my ban? After giving my one month notice, for how many months can the company retain my services? They are saying that they will cancel my visa after getting a substitute.

In case of resignation and termination of the work by the questioner, the Ministry of Labour will automatically impose a six month ban and the appointment letter with the new employer will not be considered before the Ministry of Labour, unless the questioner obtains a No Objection Certificate from the present sponsor for transfer of the sponsorship, as well as after paying the said ministry fees, which may be about Dh5,000.

As for the duration in which the company retains the questioner; after giving the one month notice of resignation, the questioner's relationship with the employer expires by the end of the notice period, and the company has no right to ask the questioner to continue working after such a duration, unless the employee agrees to increase the duration of notice, as per article 118 of UAE Labour Law.

The questioner is not responsible for the substitute that would replace him at work, but we advise the questioner to cooperate with the company in this regard, to enable him to obtain the No Objection Certificate to transfer the sponsorship in return for such cooperation.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

The rights of an employee regarding emergency leave as per the UAE Labour Law

I have been working in a company for more than two years. Six months back, I had an emergency leave for 20 days. My father was sick and I went to see him. Now I’m applying for annual leave for 30 days and my company refuses to grant my request and they are allowing me to go for 10 days only. According to their explanation I can’t take annual vacation for more than 10 days because I just had an emergency leave for 20 days and that leave was deducted from my annual leave. I want to know what the rights of the employee are regarding emergency leave as per the Labour Law. Please advice.

I would like to clarify to the questioner that as per the Federal Labour Law no. 8 for 1980, there is no emergency leave and the same is subject to the consent of the employer as well as the system applicable in the company. Besides, the employer is not obliged by law to grant such leaves.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants

Traffic offenders not allowed leaving UAE

Dubai Police has said traffic offenders with huge fines will not be allowed to leave the country until they pay their fines.

“She will not face any case, but her vehicle will be in detention and her file will be frozen, and she will not be able to leave the country,” the police said when asked by Emirates 24|7 on what possible action will be taken against the Bangladeshi woman who has accumulated Dh201,140 in fines for 257 traffic violations.

The police, however, clarified that the total amount can be paid in installments.

Colonel Saif Muhair Al Mazroui, Acting Director, General Department, Traffic, Dubai Police, said total traffic fines by 17 erring motorists in the emirate hit a whopping Dh2.9 million, with the list including 80 per cent Emiratis, including three women and five men.

A Syrian woman was second on the list of violators owing the department Dh186,900 for 288 violations, followed by an Egyptian recorded 236 violations - majority of them for speeding - with Dh169,420 in fines.

An Emirati woman in sixth place has a total of Dh134,160 and 218 violations, while an Emirati man accumulated Dh129,210 for 204 violations.

Earlier this year, it was reported that Dubai was planning to introduce a “white points system” involving incentives for drivers who respect traffic rules within its ongoing fight against traffic law abuses.

The novel project will run parallel to the existing black points system enforced by Dubai and all other emirates in line with a federal law intended to curb road accidents and deter reckless motorists.

“Dubai’s traffic police will enforce the new white points system this year. It includes offering incentives for committed drivers and cutting black points.

“It also involves discounts coupons at major shopping outlets, gifts and possibly reduction of fines for those who show respect to traffic rules,” Dubai’s traffic police chief, Major General Mohammed Al Zaffin, had said at the time.

RTA forfeits money for not using Salik for three years in Dubai

According to the Roads and Transport Authority (RTA), it is a rule and has always been the case, but most motorists are not aware of this. If a commuter with a Salik account does not use Salik for a long time, 36 months to be precise, then he is bound to lose all the money in the account.

Mohammad Ebrahim Al Awadhi, Director ITS, at RTA’s Traffic and Roads Agency, says people have to use Salik only once in three years to save the money.

“The Salik credit will be forfeited should the user not pass the Salik toll gate over a period of three years. Secondly, as the time period of not passing under the toll gate is about to lapse {which is three years} he is notified through an SMS. Before the lapse of three years, if he passes even once, his credit will not be forfeited and he is again given a time period of three more years,” said Al Awadhi.

Brokers to register properties by end of August-Dubai's Rera launches Simsari.ae

Dubai’s Real Estate Regulatory Agency (Rera) has ordered approved property brokerage firms to register all their available properties on Simsari.ae – the region’s only authenticated and trusted multiple listing service – by August-end, face penalties, Emirates 24|7 can reveal.

In a notice sent to brokerage firms on July 19, the regulatory agency said: “We urge you to register on Simsari. Kindly note that the deadline for registration is August 31, 2012, and will be mandatory to use starting from September 1. Consequently, all Rera approved- brokers who fail to register on Simsari before the aforementioned deadlines will be penalised.”

The notice further said: “We believe that top performing companies such as yours along with Simsari, will shape and regulate the industry, establish transparency in the real estate market and align the relationship between owner and real estate broker.”

Real estate experts believe the move will reduce the number of “ghost” listings, common in the UAE, and, more possibly, the agency being able to limit listing of one property with not more than three agencies.
As per a Rera regulation, a seller can list his property with only three brokerage firms.

Unfortunately, sellers here try to list their property with numerous brokerage firms and at varying prices.

This website had reported in May 2011 that the Dubai Land Department was planning to launch Simsari.

At the time, Khalifa Al Suwaidi, Chief Executive Officer, Emirates Real Estate Solutions, had said: “The website is ready. Only listed brokers will be allowed to register properties, be it off-plan, or completed units for leasing or selling.”

He had said the listing on the website would initially be free of charge and renewable every 30 days.

Simsari was an online real estate portal, which was founded in 2006 by two Dubai-based companies - Tamweel and Tejari. The brand has subsequently been acquired by the Land Department.

In order to bring transparency in the market and control broker activities, Rera recently unveiled plans to fine brokers instead of their brokerage firms if the former was found to have misled investors, co-operated with unlicensed brokers or made phone calls to their clients to promote/advertise a project.

Earlier this month, Rera imposed fines totaling Dh900,000 on 22 real estate companies and brokerage firms during the first half of 201 for violations such as hiding information from investor; co-operation with unlicensed brokers; failure to maintain privacy of firm and client; using telephone calls for promotions and advertisement purposes without obtaining official approval and arranging deals without the knowledge of their accredited office.

In addition, Article (34) of the draft law on Dubai real estate investor protection, states an intending investor shall be entitled to terminate a contract for sale if it is proven that the seller or the lessor or a broker acting on his behalf has deliberately concealed any essential information that is likely to cause harm or loss to the intending investor.

Under Article 37 of the draft the intending investor will be entitled to recover compensation from whoever of the developer, investor or even broker has caused the loss.