Playing online games, teen jumps to his death in Sharjah

A 14-year-old Ukrainian boy reportedly jumped to his death from the 15th-floor window of his family's flat in Al Majaz on Wednesday. He was supposed to spend the holidays with his grandfather, but when he arrived in the emirate two days ago, his family noticed something off about his behaviour.

His grandfather told Khaleej Times that his grandson seemed depressed. He noticed that the boy didn't bring any clothes with him and was glued to his smartphone and gadgets the entire time he was with them.

He believed video games and the Internet had caused the teen to "feel isolated and depressed". On the night before the incident, the grandfather said the boy was busy with his gadgets, "playing online games all night".  Everyone in the family was sleeping, until the police knocked on their door to tell them that someone had jumped from one of their windows.

The Sharjah Police confirmed that the boy fell to his death and the incident was reported to them in the early hours of Wednesday.  They said they got a call from a passerby about the body of a boy who appeared to have jumped from the building. The police rushed to the site and found the boy dead on the spot.

Investigations are under way to determine the cause of his death. His body had been moved to the forensic laboratory for an autopsy.

The boy lived with his Ukrainian mother in Saudi Arabia, and his parents were divorced, the police said.

His brother, who will be flying into the country on Thursday, is expected to speak to the police to shed light on his brother's behaviour, including the kind of video games he seemed to be addicted in.

Rony Singh deported from UAE for insensitive social media post on NZ attacks

THE NEWS DIDN'T MENTIONED THE NAME BUT HE WAS THE ONE WHO WORKS IN TRANS-GUARD SECURITY

An employee of UAE-based Transguard Group was fired and deported after he allegedly celebrated the attack on Muslims in New Zealand last week. He posted an insensitive comment on Facebook expressing his approval of the terror attacks. 

At least 50 people were killed and dozens wounded by a lone gunman at two mosques in Christchurch on Friday in what is the country's worst modern mass shooting.

In a statement on their official website, Transguard Group said -

"Over the weekend, a Transguard employee made inflammatory comments on his personal Facebook account celebrating the deplorable mosque attack in Christchurch, New Zealand. This prompted an internal investigation, which uncovered the fact that the individual in question had been posting his views on social media under an assumed name."

"We have a zero-tolerance policy for the inappropriate use of social media, and as a result this individual was immediately terminated and turned over to the authorities to face justice," Managing Director Greg Ward said in the statement issued on Tuesday.

The employee was terminated from his employment and handed over to the relevant authorities as per the company policy and UAE Cybercrime Law No. 5 of 2012. As of this statement, he has been deported by the UAE government, said the statement.

UAE LAW: end-of-service benefits if the company I work for closes down?

Question: 

I have been working at an entity incorporated as a limited liability company in mainland Dubai for the last 21 years. Unfortunately, however, one of the shareholders in the share-capital of the entity is now in a state of coma, and I am apprehending that the entity will shut down. The family of the shareholder concerned has informed me that they will not be able give me my end-of-service benefits. What legal recourse can I take?  

Answer: 

It may be noted that your employment is subject to the provisions of UAE's Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Employment Law") and its amendments and the corresponding by laws and order.

Insofar as the family of the shareholder concerned had informed you that they will not be able to give you the end-of-service entitlements in furtherance of your job, it may be noted that your employment relationship is with the entity and not with a shareholder or with the family of a shareholder of the entity. Pursuant to this, all your claims shall also lay against the entity that you are employed with. And, it may further be noted that all such claims shall have first charge over your employer's assets, including movable and immovable properties, and therefore have priority over other claims. This is in accordance with the provisions of Article 4 of the Employment Law, which reads as follows:  

"Article 4

Any amounts of money payable to an employee or his beneficiaries under this law shall constitute a first charge on all the employer's movable and immovable property and shall be paid immediately after any legal expenses, sums due to the public treasury and Sharia's alimony awarded under Islamic Law to the wife and children."

The amount of your end-of-service benefits shall essentially include severance pay and leave salaries (if applicable) and unpaid salaries (if any). The severance pay shall be calculated in accordance with the provisions of Article 132 of the Employment Law, read with the provisions of Article 133 of the Employment Law, which are quoted hereinafter for your reference.  

"Article 132

A worker who has completed a period of one or more years of continuous service shall be entitled to severance pay on the termination of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:

1. 21 days' remuneration for each year of the first 5 years of service.

2. 30 days remuneration for each additional year of service provided that the aggregate amount of severance pay shall not exceed 2 years' remuneration."

"Article 133

A worker shall be entitled to severance pay in respect of fractions of a year in proportion to the time actually worked, on conditions that he has completed one year of continuous service."

In addition to the severance pay, your end-of-service entitlement shall also include the payment of leave salaries for the days of your entitled leaves not availed by you. This is in accordance with the provisions of Article 79 of the Employment Law, which reads as follows:

"Article 79

Where a worker is dismissed or leaves his job after the period of notice prescribed by law, he shall be entitled to remuneration in respect of any days of annual leave not taken. Such remuneration shall be calculated on the basis of the remuneration that he earned on the date on which the leave became due."

It is further noted that you have not mentioned if the decision regarding shutting down of the entity has been formally adopted by competent persons and formally notified to all employees or the same is just an apprehension following the illness and comatose state of one of the shareholders of the entity. As such, it may be noted that an entity may not 'shut down' as a direct consequence of one of the shareholders being in a state of coma, unless the other shareholders adopt a resolution to that effect. 

Nevertheless, regardless of the circumstances at the entity that you are employed in, your claims for end-of-service entitlements shall still be valid and enforceable against your employer. In pursuance of the same, you may consider approaching the Ministry of Human Resources and Emiratisation and file a complaint for non- payment of your end-of-service entitlements.

New Zealand Terror attack and we Muslims: JUMA KHUTBA by S.Ameenul Hasan

New Zealand Terror attack and we Muslims 

نیوزیلینڈ کے مساجد میں سفید فام دھشتگردوں کا حملہ اور ہم  مسلمان

Jummah Khutba by: 

S.Ameenul Hasan 

Date: 15.Mar.2019

O you who have believed, do not take My enemies and your enemies as allies, extending to them affection while they have disbelieved in what came to you of the truth, having driven out the Prophet and yourselves [only] because you believe in Allah, your Lord. If you have come out for jihad in My cause and seeking means to My approval, [take them not as friends]. You confide to them affection, but I am most knowing of what you have concealed and what you have declared. And whoever does it among you has certainly strayed from the soundness of the way.

(Surah al-mumtahana Ayah 1)

If they gain dominance over you, they would be to you as enemies and extend against you their hands and their tongues with evil, and they wish you would disbelieve.

(Surah al-mumtahana Ayah 2)

Indian nationals warned of fake UAE job offers

In the past few days, Consulate General of India, Dubai has come across at least two fraud job offers made to Indian nationals in the name of UAE companies.

The letter appears to have official insignia and encloses a certificate of employment.

The consulate attached a copy of the fraud job offer for residents perusal:

he Consulate General of India, Dubai would like to advise that job-seekers should not fall prey to such bogus job offers.

In case of any doubt, seek clarification from the Consulate by sending an email to Vice Consul (Labour) at labour.dubai@mea.gov.in and copy to cgoffice.dubai@mea.gov.in.

Source: Khaleej Times

UAE LAW: Employer must bear recruitment expenses

Q-Me and my wife are Dubai residents. Both of us have got visas to migrate to a different country. My wife, who works at a school, resigned on February 28 and is currently serving her one-month notice. However, her employer has informed her that she'd need to pay Dh2,700 as charges for the labour (employment) card. If she doesn't pay the amount, the school has said that they will deduct it from her gratuity. Is this legal?

Answer: In the UAE, the cost of recruitment of an employee should to be borne by the employer and the employment card charges are part of the recruitment expenses.  This is in accordance with Article 6(a) of the Ministerial Order No. 52 of 1989 pertaining to rules and procedures to be adopted at the labour permit sections with respect to the recruitment of non-national labour for employment in the UAE, which states: "An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited employee, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No. 8 of 1980 referred to herein."

In view of the aforesaid, your wife may inform her employer that he/she must bear the cost of the employment card. In the event the employer does not agree with your wife's request and deducts the said employment card charges from her gratuity payments, she may approach the Ministry of Human Resources & Emiratisation and file a complaint against her employer.

Know the law

The employer shall sponsor and be responsible for the recruited employee, the bearing of his recruitment expenses and his employment in accordance with the employment contract

Source: Khaleej Times

one (1) million fine for defamation at workplace in UAE

Question. I am aware that there is a monetary fine or jail term or both imposed on an individual if he is found guilty by a court in UAE of defamation published in social media. Can an employee in an organisation claim redressal from his employer for defamation at the workplace in Dubai? What should an employee do when he has been prevented from being promoted due to defamation consistently being pointed at him through memos and emails to senior management of his organisation?

Answer: Pursuant to the queries, it should be understood that defaming an individual on social media is a criminal offence in the UAE. This is in accordance with Article 373 of the Federal Law No.3 of 1987 of UAE on issuance of the Penal Code (the 'Penal Law'), which states, "Detention for a period not exceeding one year or a fine not exceeding Dh10,000 shall be imposed upon anyone who, by any means of publicity, disgraces the honour or the modesty of another person without attributing any particular act to the defamed party.

Detention for a period not exceeding two years and a fine not exceeding Dh20,000 or either of these two penalties, shall apply if a public official or one who is in charge of a public service has been abused during, because of, or while performing his duty or public service, and if the abuse affects the honour or injures the reputation of families, or if it is noticed that it is intended to achieve an illegal purpose.

However, if the abuse is published in any newspaper or printed media, it shall be considered an aggravated case."

Further, it should be understood that an employer may guide, advice or ask for explanations orally or in writing from its employees with reference to the work performance of its staff. Therefore, any warning letters or memos with appropriate words and subject issued to the employees may not be treated as defamatory letters or memos. However, if the employer issues notices or memos with inappropriate words containing abuse, discrimination, personal, religious or sexual comments, these may be treated as defamatory words and liable for defamation under the Penal Law and anti-discrimination law of the UAE. If the employee feels the letters and the memos issued to him by the employer are discriminatory, he is entitled to file criminal complaint against the employer in accordance with Article 6 of the Federal Decree Law No. 2 of 2015 on Combating Discrimination and Hatred, which states, "Any person, who commits any act of discrimination of any form by any means of expression or by any other means, shall be sentenced to imprisonment for a period not less than five years, and by a fine not less than Dh5,00,000 and not exceeding Dh1,000,000 or either one of these two penalties."

If an employee feels that the memos and letters addressed to him are not related to his work or workplace as stipulated in Article 109 of Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law'), he may approach the Ministry of Human Resources and Emiritisation and file a complaint against the employer. The aforementioned Article 109 of the Employment Law of UAE reads: "No disciplinary penalty may be imposed on an employee for any act committed by him outside the workplace, unless such an act is connected with the work, the employer or the responsible manager. It shall also be unlawful to impose more than one penalty or to combine a disciplinary penalty with a deduction of part of the employee's remuneration as mentioned in Article 61 of this Law." 

Know the law: No disciplinary penalty may be imposed on an employee for any act committed by him outside the workplace, unless such an act is connected with the work, the employer or the responsible manager

Source: Khaleej Times