Frequntly Asked Questions (UAE LABOUR LAW)




Q: How does the Ministry of Labour deal with Free Zone workers?
The Free-Zone workers can approach the Labour Office and accordingly the complaint is transferred to the Labour Court without any interference from the Ministry of Labour with all decisions to be made by the Labour Court.
Q: Is employee allowed to reject the employment termination?
An employer cannot rejects an employee’s resignation, provided the employee gives due notice and obtains the employer’s signature on his/her resignation letter, or sends the resignation letter by email, fax or postal mail.

Q: Is resignation have any validity, or if employee can work beyond the resignation notice period?
The worker should get the employer’s written approval for any request to work beyond the notice period. Point to be noted that employee who continues to work beyond 4 months of the notice period, should automatically withdraw his resignation.

Q: When is the Employee eligible to get the return ticket as specified (stipulated) in the Employment or Labour contract? 
In the case of dismissal or leaving the country, the employee is entitled to get the return ticket to his/her home country, as well as in the event of completion of the agreed contract term. In case of the employee’s resignation or being dismissed as per the Article No. (120) of the Labour Law, then the employee is not entitled to receive a return ticket from Company.

Q: If the employer (company) has no contracted work, is the employer allowed to stop & suspend the staff without paying their salaries, or he allowed to send the employee on vacation on force for more than 1 month?
That is not allowed and is considered a violation to UAE Labour Law and in case the employee agrees, he/she is also considered as a violator. The employee (worker/staff) is supposed to inform the Ministry of Labour relations department that he/she has been suspended from the duty, not later than three months from the suspension date.

Q: How to Calculate Overtime? Is it according to the  basic salary or gross salary?
The overtime is calculated upon the gross salary (basic salary + written allowances) and the employee is entitled for overtime with an increase of not less than 25% of the total wage. In case the overtime is performed between the hours of 9 pm and 4 am, then the employee ought to be paid an increase not less than 50 % of that wage.

Q: Is employer (company) allowed to refuse my annual vacation request despite me completing 1 year of service with him?
Yes, the employer (company) has the legal right and he/she can decide when the annual leave starts. In addition, the employer can divide the annual vacation period into two and transfer the remaining days to the following year. (only in a very critical business situation).

Q: How to Calculate End of Service Remuneration? Is it based on the basic salary to the gross salary?
The End of Service Remuneration (Payment, salary, Reward) is calculated according to the last paid basic salary only, without any allowances written in the Contract.

Q: Can an Employee work for 2 companies at same time?
Yes, after obtaining a part-time work permit from Employer and MOL  to work for another company.

Q: Can an employer transfer employee contract to work for another company registered under their name?
Yes, but only if they are owned by the same sponsor and offering the same profession, salary and the allowances.

Q: Difference between Limited and Unlimited Contracts?
In general limited contracts mention start/end dates, whereas the unlimited contracts only specify joining dates, each follow respective provisions depending on the situation.

Q: In case of work resignation and the employee have not yet completed 2 years, will he face Ban under Limited or Unlimited contract?
For Employees who are working under Limited contracts, they must complete the term of the contract to avoid 1 year ban from working in the UAE.
For Unlimited contracts, the worker must inform the employer about the resignation then complete the assigned notice period.
while taking into account the cases contained in the Ministerial Decree No. 1186 of 2010 concerning the controls and conditions for granting a new work permit for a worker after the end of the working relationship and other relevant decisions.

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21 comments:

  1. Dear whom May it concern

    I have been working as an Area manager in one LLC company . Company based in Jebel Ali (Apparel group) MY visa is readymade clothes Sale. MY sallary with accom is 12k. İts 11 months but im not happy. Can I change without ban ? Note ; I have highschool diploma. Still student in university .. Please help me

    Best Regards

    Elissa

    ReplyDelete
    Replies
    1. Thank You for contacting us.
      Please confirm your visa, is it FREE ZONE visa or LLC?

      Delete
  2. Hi

    Its LLC . According To MY Company Contract says 3 months notice period but as far as I know 45 Days (for labours law ) They Are askıng 45 days payment for realise me without ban... The New Company that I got Offer Highest Than MY sallary but its Also LLC Company not Free zone. But New Contract unlimited . Please advice

    Thanks for Your support and time

    Best Regards

    ReplyDelete
    Replies
    1. Yes you can leave this company without ban.
      You will require attested educational certificates, you will get ban if applying for category 3 and 4 position.
      Thank you

      Delete
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  4. Hai ,

    This is Ram,

    last year my company closed. there are not pay salary & cancel every one visa's. so i'll put case for labour. at the same time there are not provide my passport. so i'll apply for dubai court then i got my passport after 3 months. but now i have absconding case. my passport in al aweer . how to solve the problem.

    ReplyDelete
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    1. Where are you now ?
      Have you exit country or not?

      Delete
    2. Hai sir,

      already two i complete with al aweer legal consultant Room no 17 A, july 14 i;ll goto
      My second th complete time he say goto general investing room, al aweer police send to CID there are but jail , after 11 day there deporting 26th July 2016. but there not inquiring me . why this much , i just work with that company there not pay salary so dubai rule i will goto file labour case but deporting me,
      al aweer jail police officer tell me u got blacklist,
      plz help me now what can i do for my case

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  5. I need to know how gratuity is calculated if my salary is 6500 which is send to the bank and my contract is 3000. On which basis is the gratuity calculated? As when i asked MOL they said its according to the salary which u have earned last month on bank & my company is calculating it with my contract basis.

    ReplyDelete
    Replies
    1. Of 3000 as my basic and rest amount was shown as my allowance.

      Delete
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    ReplyDelete
  7. Hi. I have a question regarding ban. I worked for 6 months for a company and suddenly they closed the brand and that brand was taken by another company. Then most of the employees had to find another job. But some of the employees were interviewed by the second company and hired. I was hired as well. But the problem is they didn't increase the wage, even they didn't ask about it either. Now I've been working here for 2 months.
    However I am looking for another job. If I find one can I terminate my contact within probation period? Will there be any ban or not? (Because I couldn't get proper answer regarding labor ban)
    In which case ia there a ban: during probation or after probation?

    Thank you for answer beforehand!

    ReplyDelete
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    I am from india I was selected to work in Abu dadhi company. They was apply my visa 4 time but all time UAE Embassy was reject my visa. After this I Apply for the visitor visa then again i got rejection.

    when this is first time when i was apply in UAE as well out of india. also my record in india is clear mean i was never do a crime in india so please help me what can I do? for get visa conform from UAE. please help me

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