Question 1: Questioner from Dubai asks: I worked for a company in Dubai for one-and-a-half years. Two weeks ago, my company terminated my unlimited labour contract without any reason. My company wants to calculate my end of service for one year only and my half year is not includes in my end of service because this period was a probation period not to be included in my end of service as per my company manager. My question here is, as per the UAE Labour Law am I entitled to one-and-a-half years or one year only as per my company manager? Please advice.

 

Answer 1: To answer this question, Article No 37 of the UAE Labour Law No 8 of 1980 mentions the following:

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.

 

 

Contract Termination

Question 2: Questioner from Dubai asks: I worked in a company for more than three years with a limited labour contract. Two weeks ago, my company terminated my service by breaking my limited contract. My company does not want to pay me compensation for terminating my limited contract. I filed a complaint with the labour ministry. My problem is that my company is forcing me to vacate my flat which is rented by my company. The tenancy contract is in the name of the company and I can’t vacate it as I’m living there with my family and I need two to three months to find a new flat. My question is what is my right as per the UAE Labour Law? Can I request the Labour Court to allow me to stay for three months until I get a new job and search for a new flat? I need detailed advice.

 

Answer 2: To answer this question as per article No 131 of the UAE Labour Law No 8 of 1980 repeated paragraph two until six which mention the following:

 

2- In case where the employers provide accommodation to the worker, the worker shall be obliged to vacate the premises within thirty days from the date of termination of his service.

3- The worker should not delay vacating the premises for any reason, provided that the employer pays the worker the following; A. The expenses specified in paragraph one of this Article. B. Severance pay and any other entitlements the employee is obliged to pay in accordance with the labour contract or the establishment regulations or the law.

4- If the worker disagrees with the amount of the expenses and entitlements referred to above, the Labour Department concerned shall determine, as a matter of urgency and within a week from its being notified of the same, these expenses and entitlements and shall inform the worker of the same as soon as they are determined.

5- In this case the counting of the thirty days’ grace period for vacating the premises referred to in paragraph two of this Article shall commence from the date of employer deposits of the value of the expenses and entitlements as determined by the Labour Department, with the assistance of the authorities concerned in the emirate shall take necessary administrative measures for the vacating of the same.

6- The provisions of this article shall not deprive the worker of his right to take his case to the court concerned.

 

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