Legal Period

Question 1: I worked in a company for more than two years; I have already filed a complaint against the company before the Ministry of Labour to claim my labour rights and my three months salary, plus commission. When I informed the company about the date of hearing with the labour ministry, the company PRO told me they would not attend the hearing on the scheduled date and that they would delay such complaint in the ministry for a long period since they knew about my new job offer with another company. As per the company PRO they will keep delaying the hearing as long as they can until I lose my new job offer. My questions here are; 1- What is the maximum legal period that such a complaint can be delayed with the Ministry of Labour? 2- When the labour case is filed before the competent court, what is the amount to be paid by me as court fee? Please advice.

 

Answer 1: I would like to clarify to the questioner that amended article no. 6 of the Federal Labour Law No. 8 of 1980 states the following: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned labour department. This department shall summon the two parties to the dispute and take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from the date of submitting the request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from the date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law shall be heard if brought to court after the lapse of one year from the date on which such entitlement becomes due, and no claim shall be admitted if the procedure stated in this article are not adhered to.” As for the question on the charges of the labour case, I would clarify to the questioner that all labour cases filed by employees against the employers shall be free of charge.

 

Maternity Leave

Question 2: A woman from Dubai asks: I have worked in a company for almost eight months. Right now I am pregnant and am due to deliver in two months. My questions here are;

A: What are my rights in terms of maternity leave, is it paid? And how much is the period of leave I am entitled for?

What does the UAE Labour law state in this regard.

B: Does the company have the right to terminate my services due to pregnancy, especially as I have not spent significant time in service. In my side contract with the company, the company made me sign a stipulation that female employees during the first year of service are not entitled for maternity leave and the company has the right to terminate the service in case the woman employee insists on maternity leave. I signed this side-agreement after signing the official labour agreement. That is why my company says that this side agreement surpasses the labour agreement.

C- According to UAE Labour Law, how many times is a working woman entitled for such leave. Is it for only one time? Please advise.

 

Answer 2: I would like to clarify to the questioner that the Federal Labour Law No. 8 of 1980, article no. 30 states the following: “A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer’s service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay. On the expiry of her maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms the illness was caused by the female employee’s work or confinement. The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave”.

As for the question whether the company has the right to terminate the services of such an employee due to pregnancy, the employer has no right to terminate the working employee due to pregnancy as per UAE Labour Law. In case of termination for such a reason, the concerned court might consider it as an arbitrary dismissal. Finally, I would tell the questioner that the Labour Law entitles the working female employee to get such leave in each period of pregnancy and not for one time only. And regarding the article in the side agreement which the questioner has signed with the company, it is against labour law and will be considered null.

— Mohammad Ebrahim Al Shaiba is lawyer at Al Shaiba Advocates and Legal Consultants

(Compiled by Bassam Za’za’, Legal and Court Correspondent)