Probation Period

A questioner asks: I have been working in a company in Dubai for more than six months, but am still on probation. It is stipulated in the employment contract that the probation period is six months, but my manager told me that the probation period is 10 months as per the company’s policy. I has signed a letter accepting these terms. What my legal status? My manager claims that my services will be terminated of I object to the company’s probation period.

Article 37 of the UAE Labour Law states: “A worker may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay; provided that a worker shall not be engaged on probation more than once in the service of any one employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service”. Therefore, in this case, the questioner’s employer is violating the labour law. The questioner should file a complaint before the Ministry of Labour if he cannot reach an amicable solution with the company.

Working hours

A questioner asks: I’ve been working in a company for more than three years. According to my employment contract, I am required to work eight hours a day or a maximum of 48 hours a week. Two months ago, my company introduced new rules and increased work timings to 10 hours a day. The company also does not reduce working hours by two during Ramadan. Can I object to the company’s order? Does the company have the right to terminate my labour contract if I protest? We spend more than three hours in a company bus commuting to work. As per UAE Labour Law, is this period considered part of working hours? Do we have the right to ask for overtime?

Article 65 of the UAE Labour Law states: “The maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes and of guard duties and any other operations where such increase is authorized by order of the Minister of Labour and social affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the Minister of Labour and social affairs. The normal hours of work shall be reduced by two during Ramadan. The time spent by a worker in commuting to work shall not be included in his hours of work.”

Therefore, the employer has to pay overtime for extra working hours and the questioner has the right to file a complaint before the Ministry of Labour if this is not done. If the employer terminates the questioner’s services over this matter, the labour court will consider it arbitrary dismissal and the employee may seek compensation. Finally, the employee has no right to ask for overtime for the time spent commuting to work.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

— Compiled by Bassam Za’za’, Legal and Court Correspondent