Here's all yous demand to know almost the UAE labour law
As an expat inwards the UAE, yous demand to maintain yourself informed as well as abreast of your rights as well as responsibilities surrounding occupation inwards the country. The UAE follows the Federal Law No. 8 of 1980 on regulating labour relations.
In 2006, The Dubai Government came upwards alongside a landmark Human Resources Law for authorities employees that include code of conduct, go environment, recruitment as well as occupation policies as well as compensation as well as benefits.
Khaleej Times capsules the labour law's stipulations on employee disciplinary rules, termination, their rights as well as end-of-service settlements, thus yous don't possess got to read through the fine print.
Disciplinary action
Article 102 of the labour constabulary states that disciplinary rules may hold out imposed past times the employer or their representative inwards the next forms:
WarningFinesSuspension alongside reduced pay for a menses non exceeding 10 daysDeprivation from or deferment of periodic bonus (if such bonuses are applicable inwards your company)Deprivation from promotionDismissal from work, without affecting end-of-service gratuityDismissal from work, alongside full loss of end-of-service gratuity or a business office of it
The constabulary includes safeguards to protect the employee's sweat as well as welfare equally well. For instance, the higher upwards mentioned fine may non go past times the equivalent of the employee's pay for v days (Article 104), as well as such fines may alone hold out imposed in 1 trial a twelvemonth (Article 106). H5N1 go advertisement too cannot hold out withheld for to a greater extent than than 1 promotional wheel (Article 107).
Any of the Article 102 rules tin displace alone hold out imposed on the worker later issuing a notice alongside details of the charges against them inwards writing, as well as alone later having heard them out commencement as well as the reasons investigated (Article 110). Any such disciplinary activity too has to hold out taken as well as issued inside xxx days of the uncovering or allegations made (Article 111).
Know the termination laws
1. When tin displace an occupation contract hold out terminated?
a) If both parties handgrip to cancel the contract, alongside the employee's consent given inwards writing.
b) If the contract menses expires, unless it is explicitly or implicitly extended according to the law.
c) If the contract menses is unspecified as well as whatsoever political party wishing to terminate it, provided they stick to the acceptable grounds as well as provisions surrounding contract termination (Article 113).
2. What happens inwards representative of decease or disability of the worker?
The occupation contract cannot hold out terminated inwards the trial of the employer's death. However, it tin displace hold out if the employee dies or is completely disabled, alongside approved medical certificate given past times the country's wellness authorities (Article 114). In representative of partial disability, as well as the employee tin displace go on to exercise tasks inside their capacity, they should hold out retained or moved to such a chore role, without whatsoever final result on their rights or compensation.
3. What happens if the employer or employee terminate the contract earlier its end-date?
If the employer does it, they are to compensate the employee alongside an amount non to a greater extent than than their iii months' full salaries, or for the remaining menses of the contract, whichever is shorter (unless the contract states dissimilar rules), according to Article 115. The same applies inwards vice-versa if the employee cancels the contract (Article 116).
4. When tin displace the employer dismiss the worker without prior notice?*
a) If the employee assumes a imitation identity or nationality, or submits imitation certificates or documents
b) Within or at the cease of the employee's probation period
c) If the employee makes errors resulting inwards major cloth or fiscal loss to employer, as well as the Labour Department is informed of it inside 48 hours of the incident
d) In the trial of violation of security or workplace rules, communicated inwards prior to the worker clearly
e) If the employee fails to perform his or her duties equally stipulated inwards the contract, as well as non amend their surgery inwards spite of warnings
f) If they give away whatsoever confidential information regarding the companionship or workplace to the public
g) If they are charged alongside a criminal offence of honour, honesty or world ethics past times a court
h) If flora nether the influence of alcohol or drugs during go hours
i) If they assail the employer, director or coworkers
j) If they are absent without go out or valid sweat for over xx non-consecutive working days inwards a year, or over vii consecutive days
(*all nether Article 120)
NOTE: H5N1 crucial betoken hither is the employee's termination volition hold out deemed arbitrary if the sweat is non work-related, and especially if it follows whatsoever serious complaint or claim filed past times the employee against the employer to valid authorities (Article 122). In this case, the employee has to hold out compensated equally assessed as well as ruled past times the court, based on factors such equally type as well as duration of go as well as impairment caused to the worker. The worker is too entitled to their gratuity inwards such cases (Article 123).
NOTE: H5N1 crucial betoken hither is the employee's termination volition hold out deemed arbitrary if the sweat is non work-related, and especially if it follows whatsoever serious complaint or claim filed past times the employee against the employer to valid authorities (Article 122). In this case, the employee has to hold out compensated equally assessed as well as ruled past times the court, based on factors such equally type as well as duration of go as well as impairment caused to the worker. The worker is too entitled to their gratuity inwards such cases (Article 123).
5. When may the employee quit go without notice?
If the employer breaches their contractual obligations made to the worker, or if they or their legal representative assail the worker (Article 121).
6. Things the employer may NOT do:
a) Terminate employee for medical unfitness earlier their medical leaves are exhausted (Article 124).
b) Deny the employee (if the latter requests, or at cease of contract period) the certificate of the end-of-service settlement, alongside details of joining/leaving dates, type of work, concluding paid salary as well as benefits; handgrip dorsum whatsoever of the employee's certificates, documents or items at the cease of contract (Article 125).
c) Take upwards other occupation if they go out go without valid sweat (with or without notice given) earlier the cease of contract menses (for non-UAE nationals only), for 1 twelvemonth from the engagement of leaving (Articles 128, 129).
7. Things the employee may NOT do:
a) If the go involves coming together clients or the cognition of occupation concern secrets, they cannot convey business office inwards whatsoever activity that competes alongside the employer's interests later the contract menses (if agreed upon alongside the employer beforehand), as well as such a menses may alone hold out for a express menses of time, alone allowing for the legal interests of the employer. The employee too has to hold out 21 years of historic menses or over for this to apply (Article 127).
8. What are the rules on repatriation of the worker later contract termination?
a) The employer has to comport the expenses of repatriation to the location from where the employee was hired. This includes their go ticket, as well as whatsoever contractual obligations on go expenses for their family, terms of transportation of personal items etc.
b) If the termination is attributable to the worker, the latter has to hold out repatriated on their ain expense (Article 131).
c) If companionship accommodation is provided, the employee has to vacate it inside xxx days from engagement of termination, provided the employer pays the higher upwards expenses, end-of-service settlements or whatsoever other entitlements equally previously agreed upon.
Making a compensation claim
If an employee contests the end-of-service settlements as well as repatriation expenses inwards courtroom against the employeer, the labour subdivision volition specify these entitlements inwards a calendar week from the engagement of notification. The employer as well as thus has xxx days to pay upwards these amounts to the Ministry of Labour. The labour constabulary does non prejudice the correct of the worker inwards contesting such compensations inwards court.
How the end-of-service (or) severance pay is calculated:
According to Article 132 of the UAE Labour Law on the calculation of gratuity/severance pay:An employee who has completed 1 or to a greater extent than years of continuous service is entitled to severance payThe amount is calculated equally 21 days' basic pay for each of the commencement v years of employment; xxx days' basic pay for each extra twelvemonth of service, provided the full pay does non go past times the employee's 2 years' pay. The calculation does non include whatsoever allowances (like housing, transport, travel, overtime etc), other benefits or bonus.If the worker is nether an indefinite contract term as well as leaves go later continuous service of non less than 1 twelvemonth as well as non to a greater extent than than iii years, he or she is entitled to one-third of the severance pay.If the employee quits later continuous service of to a greater extent than than iii years, upwards to v years, they larn two-third of the severance pay.If a worker nether a definite term contract quits earlier the contract menses expiry, they are non entitled to severance pay unless they possess got worked v years.