After stopping the recruitment of workers from countries suffering from an outbreak of the pandemic

Labor exploits Corona’s procedures to demand an increase in salaries

“Emiratisation” set 3 conditions for ending the contractual relationship.

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Employers and sponsors have confirmed their exposure to bargaining by workers in their facilities in order to increase their salaries by rates of up to 20%, or to threaten to resign and move to other workplaces, taking advantage of some of the decisions issued as part of the precautionary measures to address the Corona virus, including stopping the recruitment of workers. From some countries where the pandemic is spreading.

While the Ministry of Human Resources and Emiratisation affirmed the right of either party to the work to terminate the contractual relationship unilaterally, provided that the injured party is compensated, explaining that if the worker wishes to resign, he shall be obligated to compensate the employer for the loss of the contract termination, provided that the amount of compensation does not exceed the worker's wage for a period of 45 days. Or, the remaining period of the contract, whichever is shorter.

In detail, employers and sponsors complained about what they described as the exploitation of some workers in their companies and facilities of the effects resulting from the precautionary measures taken by the state to confront the outbreak of the (Covid-19) pandemic, the most prominent of which is the decision to temporarily stop the recruitment of expatriate workers from some countries where the Corona virus is spreading. Emphasizing that as soon as this worker becomes aware of the decision to freeze recruitment, she is bargaining with employers to demand an increase in salaries of up to 20%, claiming that they have received job offers in other places, with a threat to resign in the event of rejection.

An employer, Hassan Prince Al-Hashemi said: “Since the recruitment of foreign workers was stopped due to the spread of Corona, some local companies have lured workers in other companies within the country with higher salaries by not less than 20%, which prompted some of my workers to bargain with me either to increase the salary or By moving to another facility ».

He added, "Today I am in a dilemma. If I refuse to resign, they will have the right to complain to the Ministry of Human Resources and Emiratisation, and if their salaries are raised, I will suffer losses."

This was confirmed by the owner of a contracting company, Abdullah Thani Al-Ghawi, expressing his anger at this type of employment that is taken from the workplace that is recruited by a ladder to reach jobs in other regions with better salaries, without considering the losses incurred by their original employer.

Al-Ghawi said: “This problem is not a product of the Corona crisis, but rather it is related to individuals planning this matter even before they are brought in to work in the country, and we do not know how to deal with them. If we submit to their bargaining and increase their salaries, we will lose, and if we allow them to resign, we will have to resume looking for another labor. From within the state, and at that time the salaries will be higher », stressing that this problem has become a phenomenon that most service companies in the state suffer from.

The owner of a food establishment, Bu Khaled Al-Zarouni, held: “Some companies and establishments within the state are responsible for the growth of this phenomenon by offering inducements to withdraw workers from their companies and establishments that brought them, at a time when some workers do not show any loyalty to their employers and prefer to leave it even for an additional 100 dirhams, and it remains Loss on the original employer », calling on the Ministry of Human Resources and Emiratisation to intervene to confront this phenomenon.

Al-Zarouni confirmed that he knows workers who have not completed several months in their establishments, and as soon as they complete their official residency in the country, they begin to search for work in other establishments with higher salaries with the help of their relatives or friends of their nationalities, and when they ask to resign, the employer is unable to refuse it because that is illegal, and if His salary was raised, and other workers will be required to raise their salaries, which leads to huge losses. While the owner of an engineering design and decoration company, an engineer, Hamda Atiq, saw that the worker is like any person looking for better job opportunities, whether in salary or privileges, saying: “If the employee or worker gets a job offer at a higher value, the employer must negotiate with him. Either he increases his salary or terminates the contractual relationship with him, and if I was an employee and I got more offer, I will move to him ».

On the other hand, the Ministry of Human Resources and Emiratisation has set three conditions for the termination of the contractual relationship between the two parties to work in the private sector: the first if the two parties agree to terminate the contract (provided that the worker's approval is in writing), and the second if the period specified in the contract expires unless it has been extended explicitly or implicitly, And the third is the termination of the contractual relationship based on the will of one of the parties in the indefinite period of work contracts, provided that the provisions of the Federal Law regarding the organization of the work relationship, related to the notice period and the acceptable reasons for terminating the contract, are adhered to without arbitrariness.

The Ministry stated that if the work contract was for a fixed period and the employer terminated it without the conditions and reasons stipulated in the law, then the employer is obligated to compensate the worker for the harm he has suffered, provided that the amount of compensation does not in any case exceed the sum of the wage owed for a period of three months or the remaining period of the contract Whichever is shorter, in the event that there is no provision in the contract stipulating otherwise.

She said: “As for the worker's termination of the contract for reasons other than those stipulated in the law, the worker is obligated to compensate the employer for the loss he has suffered as a result of the termination of the contract, provided that the amount of compensation does not exceed half a month’s wages for a period of three months or the remaining period of the contract. Whichever is shorter, and all of that is unless there is a text in the contract stipulating otherwise.

Employment contract is in effect notice period

The Ministry of Human Resources and Emiratisation said that the work contract remains in place during the notice period and ends with its end, and the worker is entitled to his full wage for that period on the basis of the last wage he was receiving, and he must do the work during it if the employer asked him to do so.

• “Human Resources”: The work relationship may be terminated by unilateral will, provided that the injured party is compensated.

• Local companies lure employees of companies within the state with salaries higher than 20%.

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