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April
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Labor & Employment Lawyers in the UAE
Introduction
This article delves deeper into the realm of labor and employment law in the UAE, shedding light on the indispensable role played by lawyers specializing in this specific field. Navigating the intricacies of labor relations and workplace regulations can be a daunting task for workers and employers in the United Arab Emirates, that is why it is important to find the best lawyers in the country that serves as pillars of support for businesses and individuals through their expertise, dedication, and commitment to upholding justice, these legal professionals contribute significantly to fostering a fair and harmonious work environment in the UAE.
What Are The Types of Employment Contracts?
There are two types of contracts in the UAE with each comes with its own unique traits, so it’s important to wrap your head around them right from the start especially when you’re planning to work in the country for the time being.
Limited Contract - They refer to this type of contract as “Limited Contract” which means that the duration of your employment is agreed upon by both you and your employer and is the kind of agreement that are typically for one-time jobs or particular projects with a usual three-year expiration date from the date of start. It ceases on its own when the term is completed, but can end sooner if both sides agree or keep going if they both want to.
Unlimited Contract - The unlimited contract does not have an expiration date, unlike the limited contract. It’s an ideal contract for people who are looking for a long-term commitment, such as joining a large project that requires a long time or remaining with a company for an extended period of time.
Can An Employee Take A Sick Leave During Probation?
During the probationary period, workers are not eligible for a paid sick leave. However, the employer has the discretion to grant unpaid sick leave if it is supported by a medical report from a recognized medical institution certifying the necessity of the leave.
And when the probationary period is complete, workers are entitled to sick leave not exceeding 90 days per year of service. It is not possible for an employer to terminate an employee or provide them with a termination notice while on sick leave. However if the employee exhausts their 90 days’ sick leave and cannot report to work, the employer may terminate their services, and in such scenario, the employee is entitled to receive end-of-service benefits as per the provisions outlined in the labor law.
What is a Labor Ban?
Labor ban is commonly heard by expats who are planning to work or already working in a company in the UAE and being aware of this kind of ban before you decide to sign a contract with an employer is important, it ensures that you’re treading on the right path.
The labor ban is usually imposed on workers who do not do as per the signed agreement that they have with their employers, a typical case with parties that sign on a limited contract.
An automatic six-month ban is given to an employee if a scenario of breach happens, employers can also request it to be a full year if they want, which means that you will need to wait for a full year before you can legally work in the UAE.
How to Lift A Labor Ban?
There are three ways to get your labor ban lifted. One way is by finding a job that gives you a good position in a company and offers you a higher salary with qualifications differ based on professional levels. The other way is the most common way to get your ban lifted, it is by being hired by a company that is situated in any free zone area in the UAE or any government organization, and lastly the ban can be lifted if there is an agreement signed by both parties (employee and employer) to have the contract canceled and a ban will not be given or be lifted.
Can An Employee Get A Compensation for a Wrongful Termination?
If an employer terminates an employee’s contract due to the employee filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or initiating a lawsuit against the employer, provided the validity of such actions is proven, the termination is considered illegal.
And when employees believe that they have been unlawfully dismissed by their employers can file a complaint with the Ministry of Human Resources and Emiratisation. The Ministry then will make efforts to resolve the matter through amicable means and if an amicable settlement cannot be reached, the case will be referred to the appropriate court.
And when the arbitrary dismissal is proven, the Court will mandate the employer to compensate the employee with the amount being determined by considering various factors, and they can claim their end-of-service gratuity, any outstanding notice period dues, or any other unpaid entitlements from their employers.
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