I have been working in a company for four years on an unlimited employment contract. My visa expires in September 2018. My basic salary mentioned in the contract is Dh5,000. Two years ago, my total basic salary was increased to Dh15,000. Presently, I have a better job opportunity and want to resign. The management knows that I do not intend to renew my visa. When I discussed my end-of-service gratuity and how it is to be calculated, I was told that it would be calculated on the basis of the salary mentioned in the employment contract and not on the salary that I currently receive. The management claims that the salary mentioned in the employment contract has been certified by the Ministry of Human Resources and Emiratisation. Also, the management refuses to settle my end-of-service dues till I recover all the company’s debt from clients. All these clients were given credit on the company’s responsibility, not mine. Finally, I am prepared to work during the notice period of three months as per my employment contract. Does the management have the right to force me to do overtime during this period?

I would like to clarify to the questioner that the UAE labour law entitles the worker to calculate end-of-service gratuity on the basis of the last salary received regardless of the salary mentioned in the employment contract. Also, the employer has no right to withhold the employee’s end-of-service benefits for the reason stated by the questioner. The law does not hold an employee responsible for a company’s debt unless he holds a personal guarantee for such debt.

Finally, the employer is not allowed to force the employee to do overtime during the notice period.

Writing a will under Sharia

I have four children — three daughters and a son. I am my family’s sole earning member. I have assets in cash and shares. How should I write my will according to Sharia? Can I keep some of my children out of the will? Is it possible to give my brother a share of the inheritance in my will? Will this will be valid under UAE law?

The questioner can make a will, but it can cover no more than one-third of his net estate and must be drafted in agreement with his legal heirs. According to Federal Personal Affairs Law No 28 of 2005, when a Muslim dies and leaves behind money and property, there are obligations, which must be fulfilled before distributing the inheritance.

According to Article 321, certain heirs referred to as primary heirs, are always entitled to a share of the inheritance: These are the spouse, both parents, sons and daughters.

The brother inherits twice as much as a sister; a son’s son inherits twice as much as a son’s daughter. The descendants of the mother, brother and sister inherit equally as do their descendants.

There is a difference between a will and a gift. Property that is willingly given away whilst one is alive is considered to be a gift, which does not come under the same rulings as a will. However, it should be noted that it is not permissible for a person to give a gift to some of his children and not others, or to prefer some of them to others in gift-giving. They must be treated fairly.

Some scholars say it is preferable to write a will covering less than one-third of a person’s estate, but the will does not apply to any of the heirs.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.