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UAE law: forty five days paid maternity depart, eviction observe laws

Question: if a lady in service of a company for more than a year, and her employment contract states that she is not entitle for a maternity leave due to any restriction imposed by the company or for the reasons being operation under any of the free Zones area and leu of this the company may state to grant a one month leave to be deducted from the employee annual leave or granting un paid leave is that proper and permitted under the UAE Labour law? Continue reading “UAE law: forty five days paid maternity depart, eviction observe laws”

His Highness Mohammed Bin Rashid issues new legislations to address rehabilitation of substance and alcohol abuse in Dubai

 His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and leading Minister of the UAE and Ruler of Dubai. Image credit: Twitter

Dubai: Dubai primarily based Erada Centre for medication and Rehab will now offer rehabilitation services to both UAE residents and Emiratis.

Continue reading “His Highness Mohammed Bin Rashid issues new legislations to address rehabilitation of substance and alcohol abuse in Dubai”

New employment legislations introduced in Dubai

In his potential as Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, vice president and prime Minister of the UAE, enacted a new DIFC Employment legislation, legislation No. 2 of 2019 on Wednesday.

Dubai International financial Centre (DIFC) issued an announcement asserting that the newly-enacted legislations compliments the DIFC’s commitment to overseas choicest follow, with the Employment legislation addressing key considerations akin to paternity leave, sick pay and end-of-service settlements.

His Excellency Essa Kazim, Governor of DIFC, referred to: “The DIFC Employment legislations enhancements are vital to growing a pretty environment for the almost 24,000-robust personnel primarily based within the DIFC to thrive, whereas preserving and balancing the pursuits of each employers and personnel.”

Steadiness employer-worker needs

The new law, a good way to come into impact on August 28, 2019, clarifies the utility of DIFC’s employment regime to employers and personnel, together with seconded, part-time and brief-term personnel.

The legislation centers across the necessity to balance the needs of employers and personnel within the DIFC while retaining a robust framework of employment requirements that make contributions to the success of the Centre.

Corporation-focused provisions include enlargement of employee duties, reduction of the statutory ill pay, limiting the application of obligatory late penalty payments for end-of-provider settlements and recognising contract agreements between employers and personnel.

Leaves and penalties

Employee-focused provisions consist of the introduction of five days of paternity depart and penalties for discrimination. Penalties have additionally been added to ensure adherence to simple circumstances of employment, visa and residency sponsorship.

The brand new legislations was area to huge analysis and international benchmarking, as well as thorough public consultation, which helped shape the law to make certain that the DIFC continues to be the most refined and company-friendly ordinary legislation jurisdiction in the area.

The brand new law will also be considered at: www.difc.ae/company/legal guidelines-laws/legal-database

Am I entitled to take 30 days of paid annual depart in UAE?

This article is published by Khaleej Times and we though we share it with our Clients for guidance and for awareness purposes of their annual leave entitlement.

An employment contract states that the employee entitled to 30 days of unpaid depart for 365 days of service with the service provider. What are the employees’ rights related to paid leave and the way to avail it?

Pursuant to the above question, we anticipate that the employee employed by using an agency based in the mainland of UAE and for this reason, the provisions of Federal law No. (eight) of 1980 regulating employment members of the family within the UAE (the ‘Employment legislations’) can be relevant.

As per the provisions of the Employment legislations, it can be stated that an employee will likely be entitled to a paid annual go away of 30 days upon completion of twelve months of employment with an agency. This is in accordance with Article seventy five of the Employment legislations which states: “An employee shall, for each year of carrier, be entitled to an annual go away of at least:

  1. Two days a month, where the worker’s length of provider is more than six months but under twelve months.
  2. 30 days a year, the place the worker’s length of carrier is greater than three hundred and sixty five days.”

It may possibly, hence, be referred to that the employer may still pay the revenue, which includes simple pay and housing allowance if applicable as part of the annual go away salary. Here’s based on Article 78 of the Employment legislation, which states: “each and every worker will be entitled to his basic remuneration and the housing allowance, if applicable, in admire of his days of annual leave.”

Employer is obligated to pay the revenue for the annual leave which might be amassed to employee as on the date of graduation of employee annual vacation. The annual leave salary can be paid by using employee agency previous to the graduation of employee vacation. This is in keeping with Article 80 of the Employment legislations, which states: “earlier than the commencement of an worker’s annual go away, his service provider shall pay the total remuneration due to him plus the go away pay prescribed for him beneath this legislations.”

Any leave taken by employee beyond the annual depart could be an unpaid go away. this is in line with Article 89 of the Employment legislations, which states: “field to the provisions of this legislations, any employee who fails to resume work instantly after the expiry of his depart shall instantly forfeit his remuneration for the duration of his absence, with impact from the day instantly following that on which the go away expires.”

If the 30 days of go away distinct for the employee employment contract is apart from the annual go away then employee business enterprise is not beneath an duty to remunerate the employee for the further 30 days of leave as mentioned on employee job settlement.

however, if the company construes the clause regarding 30 days of unpaid go away mentioned within the employment contract as the average annual go away entitlement, then such provision is opposite to the Employment legislation and may be considered as null and void. here is based on Article 7 of the Employment legislations, which states, “Any stipulations opposite to the provisions of this legislations, in spite of the fact that it have been made just before its commencement, can be null and keep away from except they’re more beneficial to the worker.”

According to the aforementioned provision of the Employment law, the organization is obligated to remunerate the employee for the annual depart. Despite the fact, any extra leaves, apart from annual go away and unwell leave, availed through an employee will be unpaid and the company may additionally no longer be beneath an obligation to remunerate the employee for any additional leaves taken. within the adventure the company agency does not pay the employee income for the annual leaves or any accrued annual leaves, employee might also file a criticism in opposition employee enterprise with the Ministry of Human components and Emiratization (MOHRE) involving non-price of profits for annual leaves.

Comprehend the legislations

Any worker who fails to resume work instantly after the expiry of his depart shall immediately forfeit his remuneration for the duration of his absence.

Ref: https://www.khaleejtimes.com/legalview/am-i-entitled-to-take-30-days-of-paid-annual-leave-in-uae

Important Announcement about Fraudulent Emails and Internet Spam

Dear Clients/Users of “Abdulhakim Binherz Advocates and Legal Consultants” Website

Recently, there have been several spam emails fraudulently portraying that the emails were sent by the “Emirates National Schools” with an attachment in regards to a job offer letter in their institution where our firm name is mentioned to contact for the several documentation with amounts mentioned.

Continue reading “Important Announcement about Fraudulent Emails and Internet Spam”

Abdulhakim Binherz joined as a Distinguished Judge in “TILA International Moot Court Competition on Energy Laws” (TIMCCE-II)

I was invited to be a Judge in “TILA International Moot Court Competition on Energy Laws” (TIMCCE-II) held on 12th and 13th October 2019 at Banastali University Jaipur, Rajasthan, INDIA.

The “TILA International Moot Court Competition on Energy Laws” (TIMCCE-II) allows participants Continue reading “Abdulhakim Binherz joined as a Distinguished Judge in “TILA International Moot Court Competition on Energy Laws” (TIMCCE-II)”

Lawyers Working in United Arab Emirates

The United Arab Emirates (UAE) is a federal states constitutes of Seven Emirates (Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Um Al Quwain, Ajman and Fujairah). The Federal Constitution splits authority between the Emirates and the federal government.
In General the UAE Federal Law recognizes three classifications of lawyer: Practising Lawyers, Non-Practising Lawyers and Lawyers in Training. Continue reading “Lawyers Working in United Arab Emirates”

Overstaying Individuals in UAE is subject to Fines and ramifications

People while visiting UAE either they come on tourist or visit visa and some of these individual the purpose of their visit is to look for a job and a number of them when their visa comes to expiry the decide to stay in the state with the hope to find a job and overstaying in UAE is subject to penalties and implications and the visitors should be aware off;

“The official website of the Government of United Arab Emirates specified six (6) different types of Visa permits, these are: Tourist Visa, Patient and his/her companion entry permits, e-Visa for GCC residents, Retirement Visa for UAE residents, Transit Visa and Student Visa (government.ae). In addition, overstay for Tourists and visit visa holders will be given a grace period of 10 days. Beyond the grace period, AED 200 will be fined for the first day of the overstay. This will be followed by AED 100 in succeeding day.

On the other hand, Residence and or employment visa holders will be granted 30 days grace period after the cancellation of visa. Note that during the grace period, fines do not apply. You will be subject to fine in the event of over-stay, although it will not become a criminal case. Your kids staying with you; however, will each be subject to AED 125 fine for the first day and then AED 25 for each day.

Overstayed individual within the jurisdiction of the United Arab Emirates can face the following ramifications:

  1. Your name is to be blacklisted
  2. You can be punished with an immigration ban
  • You can also go to prison for up to 3 months
  1. You may be ordered to be deported

Aside from being fined, an Individual who overstay will also deal with critical matters as indicated under the UAE Labour Law.

UAE Visa Amnesty Programme 2018

UAE Amnesty Programme is for those illegal and violators residents in the country. Overstaying individuals had the choice of leaving the nation without paying penalties or facing jail or obtaining a ban or rectifying their status by acquiring a valid newly sponsored visa.

Applicants for Amnesty can be as follows:

  • Violators residing illegally in the UAE
  • Overstaying work seekers
  • Those who have entered the country illegally
  • People with accounts that are absconding
  • Nationals from nations experiencing wars and disasters
  • Widows or women who have divorced

Blacklisted and those with legal instances against them are not qualified for amnesty. During the five-month visa amnesty system that ended on December 31,2018 millions of dirhams in penalties were waived off. The government had earlier advised that individuals caught staying illegally in the nation after the end of the amnesty period would face severe penalties, including penalties, jail sentences and deportation”.

We hope that all visitors to the UAE , keep them self aware of the above restriction and the penalties imposed on overstaying in the UAE.