Labour lawyer

Remuneration Under Uae Labor Law:

Payment of remuneration owed to employees under a labour contract, regardless of their amount or nature, is credited only in writing, by declaration or oath. 

Deductions from Salary:

Amounts may not be deducted from the worker’s remuneration to recover certain entitlements except in the following cases: 

1. Reimbursement of advances or amounts paid to the employee above his entitlement, but the deduction, in this case, cannot exceed 10% of recurring expenses 
2. Fees paid by law by employees on their remuneration, such as social security and insurance schemes.
3. Employee subscriptions to the savings bank or advances due to the fund.
4. Fees of any social system or other privileges or services e) Fines imposed on the employee for offences committed by him. 
5. Any debt payable pursuant to a court judgment, provided that not more than one quarter of the employee’s remuneration is deducted. In the case of many claims or creditors, not more than half of the remuneration may be deducted and the amounts awarded shall be distributed among the beneficiaries upon payment of alimony equivalent to one-quarter of the remuneration. 

Leaves:

1. The worker shall be entitled, for each year of his employment service, annual leave at least: 1. Two days a month, when the worker’s period of service exceeds six months but less than one year. 2, 30 days a year, when the worker’s period of service exceeds one year.
2. Where a worker’s service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.

3. The employee receives his basic salary in addition to the accommodation allowance, if applicable for vacation leave. 

However, if the work require that the employee work in whole or in part during his vacation leave and the period of leave during which he worked was not extended until the following year, the employer must pay him his salary in addition to cash leave instead of leave for his or her working days on the basis of his basic salary. 

The Disciplinary Sanctions That May Be Imposed By The Employer On Its Employees Are As Follows: 

1. Warning
2. penalty fine
3. work Suspension with reduced remuneration for a period not exceeding 10 days. 
4. Seizure of the postponement of the periodic increase in establishments where the increment system is applied
5. Forfeiture or postponement of promotion 
6. termination from service but reserving end of service right and benefits.
7. Dismissal of service accompanied by the forfeiture of all or part of the benefits 

Cases Where The Employer May Terminate The Employee’s Contract Without Notice In The Following Cases:

1. If the employee provides a false identity or nationality or presents fake or falsified documents or certificates. 
2. If the employee is appointed on probation and the dismissal occurred during or at the end of that period
3. If he makes an error that causes significant material losses to the employer, provided that the employer reports the incident to the Labour authority within 48 hours of becoming aware of the incident. If the employee violates the establishment security instructions, provided that these instructions are posted in writing in visible places and, in the case of an illiterate employee, he is informed verbally thereof. 
4. If he does not perform his basic duties under the employment contract and keep to violate rules despite the official employment investigation with him in this regard and warn him of dismissal if same will be repeated
5. If he announce establishment secrets where he is working.
6. If he is addressed final judgement by the competent court subject of an offence prejudicing honour, honesty or public morals.
7. found employee drunk or under the influence of drug during working hours.
8. If in the course of his working hours he commits an assault on the employer, his colleagues or his manager.
9. If he usually absents without lawful excuse for more than twenty intermittent days or for more than seven successive day during one year.

The Employee May Leave The Employment Service Without Notice In The Following Cases

1. If the employer fails to respect with his obligations to the employee as mentioned in the employment contract or in accordance with the work rules under the United Arab Emirateslabor law

2. If the employer has committed an act of assault against the employee

Unfair Dismissal :

Termination is considered unfair dismissal by the employer of an employee’s service if such termination reasons not related to the work. 

work termination is considered arbitrary in the following cases:

• the employee’s service was terminated for  no reasons 
• or a reasonable employment complaint lodged by him to the competent authorities,
• or for the reason of a justifiable action brought by him against the employer. 

• If the employee was arbitrarily dismissed, the competent court has jurisdiction to rule against the employer for the compensation to the employee. 

• the compensation amount the court determines the amount of this compensation, taking into account the work nature performed by the employee, the period of service and after the investigation into the circumstances of the dismissal.

Provided that in all cases under UAE labour law the compensation amount should not exceed the employee’s salary for a period of three months

Employment Certificate

The employer shall provide a work certificate to the employee at the end of his employment service free of charge. this Certificate shall include : (date of appointment and date of termination, the total work period, nature of work performed by worker and his last pay plus allowances if any. Certificates or diplomas, * Amended by Federal Law No. (12) of 1986. – 34 – papers and tools belonging to the employee shall be returned to him. )

End Of Service Remuneration 

The employee who has completed (1) one year or more in the continuous employment duties is entitled to the gratuity/end of service remuneration at the end of his service. and is to be calculated as follows

1. for each year of the first ( 5) five years of work: pay Twenty one 21 day’s.
2. Thirty days pay for each additional year. 

under UAE law: The employee shall be entitled to end of service remuneration in respect of fractions of the year payable pro-rata to the time actually worked provided that he has completed one year of continuous service.  

Employment Injury:

If the employee suffers from an occupational injury or occupational disease listed in the Labour Act, the employer or his representative must immediately report the accident to the Department of Labour and the police. 

The report must include employee’s name, vocation, age, nationality, address, and a brief to outline the accident, its circumstances and the necessary arrangements made for the employee’s treatment or medical aid. The police make necessary investigation, upon receipt of the report which includes statements of witnesses and employer and statement of injured if his condition so allows, and the report must indicate that was work accident related to work, and whether it was deliberate or a result of gross misconduct on the part of the employee. 

If The Employee Dies Cause Of Work Accident Or Occupational Disease:

his relatives are entitled to compensation equal to his basic salary for a period of 24 months, provided that the amount of the compensation ( is not less than 18,000 dirhams or more than thirty-five thousand dirhams). The allowance amount is calculated on the basis of the last salary received by the employee before his death.

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