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January 26, 2012
Source: Expat Echo - Labor Laws
Some Employees do not know their rights upon the termination of their employment contracts, so the issue has to be carefully considered. Introduction - This article shall elaborate on the duties employer’s regarding registration of employees and the rights of employees after the termination of their labor contracts in the UAE.
As well as these seven rights, there can be additional rights which are included in the contract such as commission and bonuses.
However, if the termination happens within the probation period, which can be 6 months or less depending on contract, the employee will not have right to claim the rights mentioned above. He will only be entitled to unpaid salary, charges for extra hours of work and air ticket. The bar time on labor matters for Dubai based companies is 1 year from the moment of termination of the labor contract.
How to Claim the Rights?
It is significant that in order for an employee to be able to apply for UAE Labor Authorities regarding any legal matter, he/she should have or had a work permission and/or company sponsorship. Otherwise UAE Labor Authorities will not deal with a matter.
The Ministry of Labor and Social Affairs (the Ministry) is the main body responsible for the regulation of manpower recruitment and it plays a substantial role in settling labor differences between employers and employees. It should be noted that all labor disputes must initially be submitted to the Labor Department of the Ministry for amicable settlement if the company is onshore.
The same regulation is applicable in the Free Zones. However, Free Zones have their own Legal Department where lawyers should not attend. For this reason before filing a case to the Court, one should take a letter of reply from Free Zone Legal Department for his claim.
In a case if an employee works for Governmental Entity, he should apply to the ruler office first and they have to issue Non-Objection Certificate (NOC).
The application is then handed to the concerned labor authority, who will arrange a meeting between the employee and the employer. The goal of such meeting is to come to the settlement of the issue.
One may wonder about the reasons of going through the above mentioned steps. Indeed, it is one of the most important requirements of Labor Code. Applying through these labor authorities help people to settle a high rate of issues between employers and employees. Moreover, such measures save time and decrease the number of cases before the courts. However the lawyers are not able to attend the meetings with the labor authorities. This step has to be made personally by employee. The filing of claim to labor authorities does not cost anything, which can be counted as additional benefit of this procedure.