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about Labor and employment services
Labor and employment services encompass a wide range of services related to the field of work and labor. This includes various aspects that impact the relationship between employers and employees, and these services vary according to market needs and local and international regulations. Al Dhaheri and Co. Advocates provides its services to individuals and companies in this sector, including but not limited to:
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Providing legal advice and drafting employment contracts that comply with local legislation while safeguarding the interests of both the employee and the employer.
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Legal representation in labor and employment disputes as well as administrative lawsuits.
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Assisting employers in recruitment processes and selecting suitable candidates for vacant positions within the legal framework.
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Developing human resources policies that outline the company's internal regulations, including leave and bonus policies.
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Developing appropriate disciplinary penalty regulations and obtaining approval from the Ministry of Human Resources and Emiratization.
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Drafting necessary documents to protect companies from disclosure of secrets and competitive practices.
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Managing and reviewing employee training program contracts from various training companies.
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Providing legal advice and support regarding occupational health and safety laws.
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Providing legal advice and support in implementing employee health insurance programs and insurance against work-related disabilities.
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Providing legal advice and services related to the legal termination of employment relationships.
How is end-of-service gratuity calculated in the private sector?
End-of-service gratuity in the UAE for an employee working under a full-time contract is calculated as follows:
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No end-of-service gratuity is payable if the employee's service with the employer is less than one year.
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The gratuity is calculated at a rate of 21 days' salary for each year of service if the employee's tenure ranges from one to five years.
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The gratuity is calculated at a rate of 30 days' salary for each year of service if the employee's tenure with the employer exceeds five years.
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The total gratuity amount should not exceed the equivalent of two years' full salary for the employee.
What are the types of leaves in labor law?
Labor law specifies the types of leaves that employees are entitled to during their tenure, including all aspects related to leave laws in the UAE, reasons for taking them, and their requirements. The types of leaves are:
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Annual leaves
The employee is entitled to annual leave with full pay after fulfilling all the employment conditions, and the leave is as follows:
-Thirty days per year for each year of service.
-Two days per month if the service exceeds 6 months.
-The employee is entitled to leave for the parts of the last year that have elapsed in employment, in case the employee's service ends before the expiration of their leave balance. -
Maternity Leave
A woman who has given birth is entitled to a 60-day leave, divided as follows:
-45 days with full pay.
-15 days with half pay.
Moreover, she may extend her leave for another 45 days, either consecutively or intermittently, without pay, in case she or her newborn suffers from any kind of illness. -
Sick Leaves
After completing the probation period, an employee is entitled to 90 days of sick leave, which can be taken either consecutively or intermittently, applied as follows:
-The first 15 days with full pay.
-The following 30 days with half pay.
-The remaining days are unpaid. -
Mourning Leave
Under the UAE Labor Law, an employee is entitled to bereavement leave in the event of the death of a family member, which varies according to the degree of kinship:
-5 days for the death of a spouse.
-3 days for the death of a father, mother, child, sibling, grandchild, grandfather, or grandmother. -
Parental Leave
This leave is granted to either parent upon the birth of a child, and it consists of 5 days that can be taken either consecutively or intermittently within 6 months from the date of the child’s birth.
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National Service Leave
The UAE Labor Law permits granting leave for the performance of national service, in accordance with the state's enforced legislation, provided that the employee submits proof thereof.
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Educational Leave
The new UAE Labor Laws encompass granting an employee a 10-day leave per year for workers enrolled or regularly attending one of the state's recognized educational institutions.
Frequently asked questions about labor and workers services
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What are the cases for terminating an employee without notice under the labor law?
The labor law has set a limit on the cases where an employee can be dismissed without notice, and has regulated their occurrence by preventing the employer from doing so except in the following cases:
- Proof of the employee impersonating another person or forging their documents.
- The employee committing a mistake that resulted in substantial losses to the employer.
- The employee's violation of the work establishment's safety instructions.
- The employee not fulfilling his duties despite being warned and after a number of proven investigations.
- Disclosure by the employee of the company's secrets resulting in losses to the company or the employer.
- The employee being at work under the influence of alcohol or drugs.
- The employee assaulting the employer during working hours.
- The employee's absence without a legitimate reason for more than 20 non-consecutive days or 7 consecutive days. -
What is the Probation Period in the UAE Federal Labor Relations Law?
The probation period allows the employer to assess the employee’s performance and capabilities before formally appointing them to a permanent, full-time position, ensuring the rights of both the employee and the employer.
It gives both parties time to decide on continuing the employment relationship, with the employee testing whether the job suits them and the employer evaluating whether the employee meets the job requirements. -
What is the maximum duration of the probation period in an employment contract?
An employee may be hired on probation for a period not exceeding six months. The employee cannot be placed on probation more than once with the same employer.
If the employee successfully completes the probation period and continues working, the probation period will be counted as part of their service period. -
Can an employee terminate the employment contract during the probation period?
• If the employee wishes to terminate the contract during the probation period to leave the UAE, they must give the employer written notice at least 14 days prior to the intended termination date.
• If the employee wishes to return to the UAE and obtains a new work permit within three months from the date of departure, the new employer is obligated to compensate the previous employer unless there is an alternative agreement between the employee and the former employer.
• If the employee wishes to transfer to another employer within the UAE during the probation period, they must give the original employer written notice at least one month before their intended termination date. The new employer is required to compensate the original employer for recruitment or contract costs unless otherwise agreed. -
Is the employer required to give notice during the probation period?
If the employer wishes to terminate the employee during the probation period, they must give the employee written notice at least 14 days prior to the termination date.
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Is the employee entitled to an end-of-service gratuity during the probation period?
An employee whose contract is terminated before completing the probation period, which can last up to six months, is not entitled to end-of-service gratuity or annual leave.
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Is the employee entitled to leave during the probation period?
Employees are not entitled to paid leave during the probation period.
However, they may take unpaid sick leave during this period.
For more information and legal consultations on labor rights under the UAE Federal Labor Relations Law, contact us.
For more information about our legal services, do not hesitate to contact our team of skilled lawyers and legal consultants specializing in all areas of law and litigation in the United Arab Emirates or visit us at one of our branches in the cities of Al Ain and Abu Dhabi.
