“Emiratization”: the employer may give the worker leave from his annual balance during the probationary period

4 cases permitting the worker to terminate the contract without warning

During the second meeting of employers.

From the source

The legal expert, head of the Labor Complaints Department at the Ministry of Human Resources and Emiratisation, Dr. Ahmed Al-Qarah Al-Shehhi, confirmed that the probationary period for the worker may not exceed six months, and he may agree with the employer that the probation period be for a month, noting that the work contract is considered Effective in respect of salary and other benefits as soon as the employment relationship commences.

While the first appellate judge, head of the technical office of the Labor Court in Dubai Courts, Judge Dr. Ali Muhammad Al Hosani, explained that there are four exclusive cases that allow the worker to terminate the contract without warning: the employer’s breach of his obligations, the evidence of assault, violence or harassment against the worker, a threat to his safety, and his assignment A different action than agreed.

In detail, Dr. Ahmed Al-Qarah Al-Shehhi said, in statements on the sidelines of the second employers’ forum under the title “Developments in the Labor Law” that was held yesterday, that the employer may agree to grant the worker leave from the balance of his annual leave during the trial period, while preserving his right to compensation. On the remaining balance of his annual leave in case he did not pass the probation period, pointing out that with regard to the termination of the work relationship, employers have become at a high level of awareness of ways to end labor relations through awareness campaigns carried out by the Ministry in coordination with its partners.

He added, "We also saw through the two parties to the labor relationship the positive impact that the decree-law had on regulating labor relations in terms of protecting the rights of both production parties." The employer does so in writing at least 14 days before the date specified for the termination of the contract, and in the event that he wishes to return to the country and obtain a new work permit within three months from the date of departure, the new employer is obligated to compensate the original employer with the costs of recruitment or contracting with the worker unless there is agreement between the worker and the original employer to the contrary;

This contributes to achieving efficiency, protection and flexibility for the labor market through an integrated system that serves all parties to the relationship.

For his part, the first appellate judge and head of the technical office of the Labor Court in Dubai Courts, Judge Dr. Ali Muhammad Al Hosani, said that the new labor law was keen that everything that brings together the worker and the employer be in writing;

Not as a sword that is shed on employers, but rather to protect them and the worker, pointing out that there are cases registered in the courts related to employment without work contracts, and requests registered in the courts related to requests for workers to hand over their passports and birth certificates.

He said that the payment of salaries through exchange shops is evidence of the deposit of the salary and not the delivery of the salary, noting that according to the reality in the courts, there are fictitious work contracts such as the owner of an institution writing work contracts to his relatives, and he warned of the seriousness of these contracts, indicating that when any problem occurs Simple between the two, the worker comes to file a lawsuit demanding his wages, asking: “Why should the employer involve himself in the problem of granting a fictitious work contract to anyone?”

Al Hosani presented a number of statistics on labor cases, as Dubai Courts recorded a decrease in the number of labor cases last year 2021 compared to the previous year 2020, as the number reached 13,381 cases, of which 2379 were reconciled, compared to 14,952 cases in 2020, of which 1812 were reconciled.

He explained that there are four exclusive cases that allow the worker to terminate the contract without warning: the employer’s breach of his obligations contained in the work contract or the law, evidence of assault, violence or harassment against the worker, threatening the worker’s safety or health to start work, and assigning the worker a work fundamentally different from the one agreed upon. He has a contract of employment.

He explained the cases that represent arbitrary dismissal that deserves compensation, namely: the case of termination of his services due to filing a complaint with the Ministry, termination of his services due to filing a complaint against the employer that has been proven to be true, and compensation estimated by the court according to the type of work / amount of damage / length of service, and compensation does not exceed three months’ wages .

Salem Al Qaseer, head of the Labor Standards Development Authority in Sharjah, said, "The new law regulating labor relations is the largest update to the law since it was issued more than 40 years ago.

That is why we, in the Labor Standards Regulatory Authority, were keen to devote this forum to talking about the developments of this law, which we consider a qualitative leap in regulating labor relations as part of efforts to develop and sustain the labor market.”

He pointed out that this law aims to ensure the efficiency of the labor market in a way that contributes to attracting and maintaining the best talent and skills.

• The new labor law ensures that everything between the worker and the employer is in writing.

Dr. Ali Al Hosani:

• «We saw through both sides of the labor relationship the positive impact of the law regulating labor relations».

Dr. Ahmed Al Shehhi:

• «The employment contract is considered valid in relation to the salary and other benefits as soon as the work relationship begins».

Unpaid wages issues

An appeals judge and director of the technical office at the Dubai Labor Court, Ali Al Hosani, said: “The cases of non-payment of wages are still at the fore in the labor cases in the courts so far,” adding: “We hope that after a sufficient period of time has passed since the application of the current law, we will see a decrease in the number of cases in general.” ».

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