Lawyer Ibrahim Al Hosani confirmed that some companies owners understood the decision of the Ministry of Human Resources and Emiratisation regarding the stability of employment in private sector facilities incorrectly, and implemented it without the consent of the worker or employee.
Commenting on inquiries received by «Emirates Today», he clarified that companies may not reduce salaries or grant leave to workers or employees without their approval, but they may dismiss the worker due to the precautionary measures and the repercussions of the Corona virus crisis, with two conditions: providing housing and paying dues.
In detail, attorney Ibrahim Al Hosani said that the decision of the Ministry of Human Resources and Emiratisation to grant private sector enterprises affected by the precautionary measures related to the epidemic of "Corona" virus, which you wish to reorganize work with, to include in their procedures in agreement with the employee in order to balance between The interest of all parties, because the emergency circumstance of the Corona virus led to material and moral pressure.
He added that the owners of companies cannot control the damage, because their companies will not be able to work normally and achieve the required revenues from them, and pay the obligations resulting from them from wages and rents due to the precautionary measures and decisions issued by the state, pointing out that the decision came to balance between all parties.
He explained that «it is not permissible for the employer to apply one of the decisions regarding the reduction of wages, except in agreement with the worker, and companies are not allowed to take these decisions individually.
He added that the decision also stipulated the necessity for the employer to gradually take precautionary measures and apply the “remote” work system if that is appropriate and he may not move to the second procedure, which is to reduce the employees ’salaries without their consent. In the event that the “remote” work system does not match the nature of the company's work, then it moves to the third procedure, which is to give the employee a paid vacation. In the event that he does not have an available balance of annual leave, he is granted unpaid leave, and then move to the fourth and fifth procedures of the decision, which stipulate the employee's monthly or temporary salary reduction.
He continued: «In the event that the employer does not agree with the workers or employees to take the measures issued by the Ministry, then he may not take them. If the procedures are applied individually, without their consent, the employee or worker may file a complaint with the Ministry.
He pointed out that companies can implement the decisions issued by the ministry at any time of the year, without an emergency crisis such as "Corona", in the event that companies suffer from a revenue crisis, so that the owner of the company collects employees and agrees with them to amend the contract permanently or temporarily Reducing wages and granting them unpaid and unpaid leave.
He added that the Ministry’s decision did not come up with anything except by reformulating the legal understanding of it, according to the emergency circumstances, and re-putting it in an orderly manner before the private sector, pointing out that the decision stipulates the conclusion of an additional annex to the work contract that regulates the relationship between the employer and the worker or employee.
He added that the new in the decision came in the third article, which stipulated that the enterprises affected by the precautionary measures, which have a surplus in the number of non-national workers authorized to work with it, must register their data in the virtual labor market system, to enable them to recycle according to the needs of other enterprises. To keep its commitment to workers in terms of housing and fulfillment of their entitlements (other than wages), until they leave the country or authorize them to work in another facility.
He explained that the decision stipulated that if the worker and the employer did not agree on the precautionary measures stipulated, and the employer got involved with the workers or employees because of his surplus labor, low revenues, and his inability to pay his obligations, then he may dismiss the workers from the service, Provided that housing is provided to them and their dues are paid from the end of service gratuity and leave allowance, if the worker has a vacation credit balance in the company, until he leaves the country or joins another employer.
He added that the dismissal of the worker or employee in this case is not considered arbitrary, because there is a justification, which is the "Corona" crisis.
He pointed out that the decision removed fatigue from the employer and permitted him to separate his surplus in the number of workers, provided that the employee or worker is registered in the virtual labor market before his dismissal, until he finds another job with other companies in the state.
5 procedures
The Ministry of Human Resources and Emiratisation's decision regarding employment stability in private sector establishments stipulated five measures:
Implementing the "remote" work system.
Grant the employee a paid vacation.
- The employee was granted unpaid leave.
- Reducing the employee’s wages temporarily during the period of applying the precautionary measures, provided that the company is obliged to conclude an additional temporary attachment to the work contract between the two parties, according to the form attached to the decision, provided that it ends with the end of its term, or the period of validity of the decision, whichever comes first.
- Reducing the employee’s wages permanently, provided that the establishment wishing to reduce the wages of the non-citizen worker permanently to submit to the service of modifying the data of an employment contract to obtain the approval of the Ministry, according to the procedures in place.
- "The employer may not reduce the salary or grant leave to the employee without obtaining his approval."