Birlesik Arap Emirlikleri Is Kanunda, Isci ve Isveren arasindaki iliskileri duzenleyen genel kurallar
Birlesik Arap Emirlikleri Is Kanunda, Isci ve Isveren arasindaki iliskileri duzenleyen genel kurallari asagida bulabilirsiniz.
Not: Bu bilgiler fikir amacli konulmustur, kanunlarin son halini lutfen resmi makamlardan aliniz. (Free Zone yani serbest bolgelerde kurallar degisiklik gostermektedir, bilginize)
Employment Relationship According to the U.A.E. Federal Labor Law
General introduction
The Labor law is the law that governs the relationship between the employees and the employers
The concerned Authorities are mainly the Ministry of labor, Free Zone Authorities, Police and the Courts.
The scope of the law doesn’t cover certain employees such as employees of private residences and others.
The scope of the law
Article 1 of the Federal labor law states that:
“ any agreement , whether for limited or an unlimited period concluded between an employer and an employee, whereby the latter undertakes to work in the employee’s services and under his management and control, in return for remuneration, the employer undertakes to pay;”
Particles of the Contract of Employment
Names
Date of contract conclusion
Term of employment
Occupation
Salary and allowances
Nationality- important (pension law for locals)
Other information
Types of contracts of employments
Limited contracts
Shall not exceed 4 years and may be renewed by mutual agreement
Upon the termination or the end of employment there are certain important issues related to the limited contract
Unlimited contracts
A contract shall be deemed unlimited if:
1- it is not made in writing;
2- if it is concluded for an unlimited contracts
3- if it was concluded for a limited period and the parties continued to perform without written agreement
4- if the contract is to execute works and the contract continues after the completion of the works
Probation period
Period of probation should not exceed 6 months (Article 37)
The service of the employee may be terminated during the period without notice or severance pay
1- Employee’s rights
General rights
Right to be paid for the work
Right to have safe and healthy place of work, social care and preventive measures
Right to leave (sick leave- leave for pilgrim-weekends and annual leaves)
Women’s rights
Shall not work at night
Shall not be employed in a job that is dangerous arduous or detrimental to health or morals.
Shall be entitled to maternity leave with full pay for 45 days
Entitled for absence of leave for 100 days without pay
Entitled to additional breaks during nursing period
Young person’s rights
It’s unlawful to employ young person before he reaches 15 years of age.
Shall not be employed at night in an industrial undertaking
Shall not be employed in jobs that are dangerous, detrimental to health
Special working hours not more than 4 consecutive hours and shall not exceed 7 consecutive hours.
No overtime work
2- Employees’ obligations
Undertake or be available to undertake works assigned to him
Obey the rules, policies of the employer ( Discipline).
3- Employer’s rights
To be provided with the works needed.
Compliance with working hours
Confidentiality
4- Employer’s obligations
Assign the works required to the worker
Pay the remunerations on time
Provide safe environment of work
Payment of treatment/hospitalization cost for workers involved in an accident while on the line of duty.
Remunerations
Yearly or Monthly
Weekly or daily
Piece rate
Prove of payment (burden of proof is on the employer) in writing.
Disciplinary Rules
The penalties that may be imposed by an employer on the employee are:
1- a warning
2- a fine
3- suspension from work with reduced pay for a period not exceeding 10 days
4- forfeiture or deferment of periodic increment
5- forfeiture of promotion
6- dismissal without prejudice to severance pay
7- dismissal with forfeiture of all or part of severance pay.
A fine imposed shall be registered on a special record
A fine shall not exceed the remuneration of five days
No charges may be taken after 30 days from the date of the offence.
Temporary suspension may be imposed on the worker if he is accused of committing a deliberate offence or crime relating to honor and honesty or the offence of unlawful strike
During the suspension period the worker shall not be entitled of remuneration.
Accidents and compensations
The employer should take the measures on the occurrence of an accident (such as reporting to the authorities).
Payment of cash allowance equal to full pay for 6 months
If the worker dies as a result of an employment accident or disease, the member of his family shall be entitled to compensation equal to the basic salary for 24 months provided that the amount shall not be less than AED18,000 or more than AED 35,000
Termination of contract
Limited contracts
If the employer revokes the contract for reasons other than those mentioned in (120), he shall be required to compensate the employee (the amount of compensation shall in no case exceed the aggregate remuneration due for a period of 3 months or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary.
If the contract is revoked by the employee for reasons other than those mentioned in (121), he shall be required to compensate the employer( the compensation shall not exceed ½ of the remuneration for 3 months or the residual period of the contract whichever is shorter)
If the employee leaves his work before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds 5 years
Unlimited contracts
If the employee leaves his work :
- if the service is not less than 1 year and not less than 3 years, he shall be entitled to 1/3 of the severance pay
-if the services exceeded 3 years but those not exceed 5 years, he shall be entitled to 2/3 of the severance pay.
- if the service exceeds 5 years, he shall be entitled to the full severance pay