UAE Labour Laws: The UAE labour law is applicable to all UAE courts and below are some of the laws, people should be aware of:
Every worker is entitled to his basic wage and housing allowance, if applicable, as per UAE Labour Law, Article-78. But if the circumstances of work, makes it necessary to work on all or part of worker’s Annual Leave or in leave days and the same is not carried to the following year, then the company has to pay, worker’s remunerations, plus worked leave allowance, at a rate equal to employees basic wage. Employing a worker during his annual leave for 2 successive years, under any circumstances, is unlawful. But for company’s benefit, the employer has the right to delay all or part of annual leave of the employee.
For a Limited Contract, the employee cannot resign from it before the period. On employer request, he may be banned for a year, may be liable to pay Compensation for 45 working days if it is proved that the employer suffered a loss and even end-of-service gratuity pay.Applicable for sponsored employees too.
If Ownership change occurs in an establishment in the form or legal status, then as per Federal Labour Law No-8of 1980 of Article-126, the employment contract that was valid at the time of change will remain in force, between the new-employer and the existing workers.For 6 months, both the original-employer and the new-employers, are liable to continue the services. After that, the discharge of any obligations, resulting from the contracts of employment, during the period preceding of the change. Once this period expires, the new-employer will solely bear liability.
Every worker is entitled to get a fully paid Official Holidays, as per Federal Labour Law No-8 of 1980 of Article-74.
As per the Labour Law, Article-120, no Consent of the Employer is required for Resignation.
The member of a family is entitled to receive Compensation equal to employee’s basic remuneration for 24 months, if a worker dies due to employment accident or occupational disease, as per Federal Labour Law No-8 of 1980 of Article-149. The compensation is limited betweenDh18000 to Dh35000. Compensation will be calculated, based on the last remuneration, the worker was receiving before death. The compensation will be distributed among the deceased workers dependents.
As per the law, commute is never included in calculation of working hours, so Overtime for Commute is non-chargeable.
All dues like gratuity, leave benefit,etc., should be Claimed and received within 1 Year from separation. Beyond that period, no one can help you getting the entitlements.
Any Damage of Equipment ideally, will be compensated from the workers wage monthly or from end-of-service benefits, if terminated. The repair or replacement cost compensation should not be exceeding5 days of remuneration, at a time.
During probation period, an employee cannot take sick leave. If it’s un-avoidable, then employee can discuss it with doctor’s certificate to reporting manager, to ensure that the job situation is not adversely affected for illness.