- Legal Articles
- Ask Elhais
June 25, 2020|
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.
April 30, 2020|
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.
April 06, 2020|
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.
March 11, 2018|
In my publication this week, I discussed about the occupational injuries and the procedure to appoint a lawyer in UAE.
October 12, 2016|
In my interview in The Filipino Times newspaper, I explained about the labour law regime in UAE. I discussed various aspects of labour law like post-termination rights, claiming of rights, difference between free zone and mainland companies etc.
Total Publications: 7