Once again, the Lawyers in Dubai or Dubai Legal Consultants, can be seen for the better understanding which is a right and need as well. The continuity in this article is about;
∙ Gratuity
∙ Probation Period
∙ Discrimination and Harassment
∙ Maternity Leaves
∙ Other Leaves
∙ Annual Leaves
∙ Non-Competition
Gratuity:
1980 UAE Labour Law distributes the end of service benefits and gratuity as gratuity for limited contract employees and gratuity for unlimited contract employees for five years or less than five years. For unlimited it was one third, two third and more than 5 years of service. New Rules do not change this at all except recognizing the gratuity for those who resign the employment but after one year of the service. But now the gratuity should be paid within 14 days of the terminations or resignations. Now a fine of 5000 AED to 1 million AED has been announced.
Probation
Previously the employment could have been terminated in probationary period and probationary period can be up to 6 Months, maximum. Now a 14 Day Notice period is made compulsory if the employer wants to terminate the employee on probation period. If an employee wants to leave the employer on probation for the new employer, then he has to provide a minimum 1-month notice period and the new employer will pay the old employer the entire recruitment cost but that should be agreed first between two parties. If the employee has to leave the UAE, then the notice period will be 14 Days. But addition to this if he comes back within three months and get a new employment then once again new employer will compensate the old employer
Discrimination & Harassments
There is no Gender difference or discrimination. Same salary, protection, respect, protocols, increment and chances to grow for a woman as provided for a man. No racism, biased behavior, harassment etc. All such things were also made part of OLD Law before but now there is a big emphasis where such things are taken on high note.
There are no tolerance police of harassment and bullying at the workplace. What Law says that harassments, sexual harassments, discriminations might cause a fine of 5K AED to 1 Million AED.
Leaves: Maternity
Previously the maternity leave was 45 days with full salary. Apart from this employee was also given 100 days maternity sick leave if she suffers from a serious medical issue. If the delivery has created serious issues, then the employee can take another 100 Days leave as per Law. Second employees can take 2 Breaks, each one must have a 1 Hour limit.
Now the maternity leave has been increased to 60 days with full salary as per the employment contract. The salary in maternity leave can’t be reduced if the employee has worked for more than one year in the company. Now the two breaks in a day have been decreased from 18 months to half a year.
Leaves: Others
If there is a demise/death of the husband and death of the wife then 5 days will be off (consecutive 5 days). 3 days leave if the death is of father, mother, brother, sister, grandparents. The parental leave is 5 days but must be used within 6 months of baby delivery. The study leave is 10 days, if he is studying and approval is granted by the employer.
Leaves: Annual
∙ Paid Leave, 30 Days
∙ Now Basic Salary will be paid only.
∙ Now leaves must be used by the employee, in annual leave year
Non-Competition:
If the limit is reasonable e.g. reasonable time, location, and work type. More than six months were not entertained by the court. Now the reasonable limits are kept the same but restriction has been increased to 2 years, from the day employment is terminated. But if the termination is not valid then the contract becomes null and void for implementations. Salary can also be paid in any other currency other than UAE Dirhams.