Labour & Employment Issues in UAE. Labour & Employment Issues is a hot topic in the UAE. The reason is quite simple, which is a large opportunity for employment available in the UAE. All such things create a rivalry, enmity, professional jealousy, competition etc, which lead to a serious mess. Please be informed that every expatriate employee in UAE, whether male or female, need to have an employment visa/residence visa to start employment in UAE. From the employer’s perspective, the Employer needs to open a Company which he can in Free Zone or in MainLand, which provides him with a residence. He is considered as living in employer or company owner VISA, which is also called the entrepreneurship VISA.
When Employer sponsors the employee or employees then they get approval from the Ministry of Labour through Labour Contract followed by Internal Contract, Medical Insurance, and Emirates ID Card along with other requirements. It provides you with the surety that all the expense has to be incurred and borne by the employer. If the employer is forcing you to pay VISA processing charges then he is committing a mistake and he is not allowed to do so. The reasons are very simple, UAE Labour Law puts a restriction which has to be followed by every employer. Emirati Labour & Employment Lawyers can help out you to understand it if you want in a more elaborative manner. Please keep in mind that UAE Labour Law puts very significant penalities upon the employers who make the fraud with the employees and do not meet with the certain conditions of the UAE Labour Law. UAE Rulers make sure that no expatriate employee, as well as local citizen, should not be exploited by the employers here. Please jump to Importance of Legal Consultation and the Lawyers in UAE.
Free Zone e.g. DIFC, Jebel Ali, DAFZA have their own Labour Law Policies which might be little different than other Free Zones or Main Land Polices. You can also say that these policies of Free Zones are little different that Labour Law. Once again Lawyers & Legal Consultants having expertise in UAE Labour Law can help out you to understand these technical points. Therefore the Employment Disputes happen in these Free Zones will be dealt under the MOL Labour Law Rules created for these Free Zones. One who has been gone through the Main Land Company matters might find a little change while going through the litigation of these Free Zones, however, mostly the Labour Law rules are almost the same. One should not expect that if a Free Zone has different rules then the company listed in that Free Zone can be treated with the standard UAE Labour Law Rules. DIFC is the best example of this.
While discussing the Labour Law rules and regulations we would like to throw the light on a few considerable points that few categories are not included the part of UAE Labour Law e.g Domestic Employees like Maid, Driver, etc, security personnel, army guys, national security people, employees hired by the government etc. There is UAE Labour Law which does exist for such services and service personnel but it is treated in a different way, not like other standard rules. MOHRE created by Government and the relevant Free Zone dispute sections are built up to resolve the labour issues, lodging the labour complaints, referring to court levels etc
Type of Labour & Employment Lawyers can be countable but there are many in numbers e.g. Unpaid Salary, Unpaid End of Service Benefits, Unpaid Final Gratuity, the Labour Bans, the Immigration Bans, Violence at Work Place, Discrimination, Harassment, Pressurizing, not giving breaks or enough amenity to the employee which is his or her right, Unpaid profits etc. These all the disputes which are connected with Labour and Employee matters, and should be managed by using and applying Legal Management. Legal Management means to contact expert of Law, getting legal consultancy services, legal court services, arbitration services as well as the expert idea about what to do in case one has to face serious employment, criminal and financial charges.
As we mentioned above that Employment Contracts are needed so one could start his employment career in UAE. Employment Contract must be told about the salary, nature of the job, work locations, work environments, basic salary, total salary accommodation, labour rights, annual leave, relocation job etc. The job description is also very important. Types of VISA, workplace and the nature of the job required, should be made the very important part of pre-job debate and interviews. It is observed that it creates a really big CHAOS when one is offered a different job that described in his or her employment contract. Whatever the CHAOS is, whatever the dispute is, and the employee should be explained about his job, working Hours as well as work salary.
Last, but not the least, Article 120 UAE Labour Law or Labour Law UAE is used by the employer to dismiss the employee, in the circumstances in which dismissal is possible by the employer without notice, payment in lieu of notice or without the End of service benefits. It’s a serious kind of termination which puts a question sign on the profile of the redundant/dismissed employee because this is the termination which shows that employee is terminated on the grounds of very poor performance, he is not eligible to perform such tasks, he is incapable, he is extremely non-serious and having behaviour issues at the workplace. Article 120 UAE Labour Law is a very technical point, one should consult with the Lawyers to understand this first.