Employer

“Can my employer dismiss me without notice? »

My the employment contract was terminated without notice. I worked with the company for seven months and they owe me money.

Can I claim all unpaid wages and any supplements as I expected to stay with the company for two years? BY, Sharjah

If an employer terminates an individual’s employment, they must give notice in accordance with the terms of their contract and provide a valid reason.

This is covered by Article 43 Part 1 of the UAE Labor Law. “Each party to the contract of employment may terminate the contract for any legitimate reason, provided that the other party is notified in writing and that the work is performed during the notice period agreed in the contract, provided that this period does not be no less than 30 days and no more than 90 days,” the law states.

BY is entitled to full payment for all time worked. The employer should also have complied with the notice period rule.

“The party who has not complied with the notice period pays the other party an indemnity, called notice indemnity, even if the absence of notification does not cause prejudice to the other party and the indemnity is equal to the worker’s salary. for the whole of the notice period or the remaining part thereof”, in accordance with Part 3 of Article 43.

BY must be paid for all days worked and for an additional 30 days in respect of the notice period, which the employer did not respect.

I recommend that he contact the Ministry of Human Resources and Emiratization (MoHRE) to register an action against the employer for non-payment of sums due and for compensation under Part 3, Section 43 of the Employment Act. work.

The phone number for the MoHRE is 800 60. BY should find the MoHRE favorable as it is clear that it has not been handled properly.

I run a small business and can’t understand our staff days off on public holidays.

Our business deals with the public, so employees work different days, with two days off per week which is not always the traditional Saturday-Sunday weekend.

Public holidays in the UAE often fall on a weekend. While our employees who work these specific days receive a day off to compensate, the others are absent.

We thought about taking our own steps to make it fair. Can we update our business advice? What does the law say about this? DP, Dubai

I am happy to see that an employer tries to treat all its employees fairly. We need to clarify what the law says about working on a public holiday.

The subject of public holidays and who is entitled to which days off can be confusing, so I asked Sarah Brooks, managing director of UAE-based Fikrah HR, which advises small businesses on best practices in terms of HR, to clarify the law.

“I have had discussions with the legal team at the Ministry of Human Resources and Emiratisation, particularly regarding the Eid break, but this applies to all public holidays in the UAE,” said Ms Brooks.

“What is important to note is that all official public holidays are just that – a public holiday – and that means that if an employee works on one of these days, they must be paid overtime. pursuant to Article 28, clause 2.”

If the working conditions require employees to work on public holidays, the employer must compensate them with another day for each day worked on the public holiday, in accordance with the clause.

Alternatively, the employer may pay them that day’s pay, based on the established pay for normal working days, plus an increase of at least 50% of that day’s base pay, the clause says.

The same conditions apply to any employee who works on weekends, in accordance with Article 19, clause 4.

This means that any employee who works on a public holiday can either benefit from a compensatory rest day or be paid overtime. The day of the week on which the holiday falls does not matter.

These are the minimum requirements according to UAE law, but any employer can exceed them if they wish.

“A company may have an internal policy that provides for additional days off, but this must be properly documented and understood by all parties to avoid confusion,” Ms Brooks adds.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information purposes only.

Updated: 08 May 2022, 05:00

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