Stabilising work relations is the thinking behind a number of new measures issued by a Ministry of Human Resources and Emiratisation decree that will penalize companies who fail to pay their staff on time. Al Rowad Advocates managing partner Dr. Hasan Elhais told Khaleej Times in an article on the new measures that this is an upgrade to penalties introduced in 2009, providing stronger legal options against late-paying firms. This includes regular notices to require payment from day 3 of late payment, to potential suspension of new work permits, fines and a notice to public prosecution for the worst offenders.
Previously if you lost your job in the UAE, you would have to leave the country almost immediately. Those days are gone as part of an overhaul of the UAE labour law system, following on from fundamental legal changes in a number of other areas. Now residents are granted 180 days' grace to find a new job; meanwhile, people have the right to have flexible working hours, undertake part-time work and work multiple jobs, as Al Rowaad Advocates managing partner Hassan Elhais explains in this The National article. There is also study leave and mandated bereavement and parental leave; however, contracts can now only be given for three years at a time before renewal.
I explain the rule around employment relationships in my recent column in Gulf News, after a reader wrote in with a concern about whether they would be subject to a travel ban. The reader had recently travelled to Dubai to commence employment but when the person arrived, the employer offered unfair employment conditions of Dh650 a month on a three-year limited contract. The reader refused to sign the contract and feared a travel ban may be issued by the potential employer. However, as I explain, the would-be employer can do no such thing as no employment relationship existed in lieu of the contract.
A distressed Dubai employee sought my legal advice through a Gulf News column, detailing how she had received unwanted advances by her male boss that she rejected, that included asking for her address and for a personal relationship. This led to unpleasant treatment and heightened workload and went as far as potential stalking, the woman noticing the boss's relatives, also employees, tracing her movements. I explain that while the boss is required to keep a file on each staff member, including their personal address, that comes with limitations and "excessive annoyance" of a person is a crime that can result in a Dh10,000 fine or one year in prison.
A man who patiently waited to join his job for six months was bitterly disappointed when the company, who had asked him to wait to join due to COVID-19, terminated his contract before he was ever paid. The man was uncertain of his legal rights but as I explain in a Gulf News article the man may have still been on probation in accordance with his contract, and therefore the company may have been legally able to cancel the contract - depending on what else was written in there and as long as the period had not exceeded six months.
Every worker in the UAE is entitled to gratuity pay at the end of their contract, regardless of whether they quit or were fired - except if you were fired for performance or conduct issues under Article 120 of the UAE Labour Law. I explain how calculations are made in this article in Gulf News, which is a simple formula depending on your basic salary and how many years of service you completed. However, you cannot be paid any more than two years' of basic salary and any money owed to your company will be deducted from this gratuity.
One Dubai resident shares a tale of woe that starts at the beginning of the COVID-19 pandemic, when he had to fly home as his mother was on her deathbed. Whilst in his native India, flight restrictions kicked in and the man was unable to return for four months ‐ only to find out he'd lost his job on his first day reporting back. His company was sold and, to add to the woes, his residence visa expired. I explained to the Gulf News reader in an article that he may be eligible for three months' salary as compensation for arbitrary termination and can also file a case with the Labour court.
I answer one Gulf News reader's legal inquiry about what can be done with overstaying fines that were incurred because he resigned during the grace period for visa renewal and his company therefore didn't renew. I explain that while ordinarily it would be an individual's responsibility to pay a fine if they do not renew their visa or leave the UAE within 30 days of the expiry of the last one, there are extenuating circumstances in the present case that would mean there could be an exemption to the overstaying fines. Additionally, I explain the General Directorate of Residency and Foreign Affairs has extended the grace period during the Covid-19 pandemic.
Many people have been placed on temporary salary cuts during COVID-19, including one Gulf News reader who wrote in asking whether gratuity will be calculated on their original salary or on the revised temporary salary cuts in the event of redundancy during this time. Gulf News consulted with me and I explained in this article that this is dependent on what was established in the accompanying appendix to the salary cut - the legal document that outlines the temporary salary cut arrangements. However, as I explain, these appendices were prepared by the Ministry of Labour and, unless any amendments were made, the gratuity should be calculated based on the employee's original salary.
As teachers around the UAE report being asked to accept changes to their contracts, including reduced working hours and unpaid leave, I explain the legal context of a new Ministry of Human Resources and Emiritsation statute that gives private businesses grounds to make adjustments to working practices, as quoted in The National newspaper. I explain that any changes require consent, and employees are within their rights to refuse requested changes to their contracts. Termination that follows on from such refusal would be deemed arbitrary and could lead to claims for damages, as termination must be linked to an employee's performance.
I explain the legal situation according to temporary guidelines issued by the UAE's Ministry of Human Resources and Emiratization to ensure remote-working is conducted in the best interests of the employee and the employer during the COVID-19 pandemic. That includes ensuring employees have the necessary tools to perform their work using online platforms as well as adequate management and oversight of working hours and productivity. In return, employees have an obligation to be available via communications channels and must report to their place of work when requested. Employees must perform duties within a certain timeframe, maintain confidentiality of information and keep devices provided by the employer in good working condition.
This initiative will provide the expat employees with the opportunity to receive additional financial returns along with the end-of-service gratuity payment.
在我本周的出版物中，我讨论了工伤和在阿联酋任命律师的程序。 当雇员面临工伤时，雇主应将事故通知有关警察局和劳工部。警察需就此事进行调查，以确定事故是否与工作有关，是否故意或由雇员的疏忽造成。根据警察的报告，来决定工伤事故有关的赔偿问题。我还解释了任命律师的重要步骤，该任命工作必须根据管理律师的法律来完成。
全部文章: 17
询问表
联系我
