There are various labour laws to protect the interests of employees in the UAE and you can always find a way to reclaim your benefits or your rights.
However, there are also laws to protect the interests of the employer and we have listed five things that could result in financial or legal loss for the employee if the employer decides to go to court.
These are based on questions submitted by our readers and answered by a legal expert and lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
Note: When we say employees 'cannot' do something, all it means is that there would be legal, work-related and/or financial consequences to these actions.
Employee cannot break a limited contract
If you break a limited contract before the end of the agreed term, you stand at risk of getting a one-year ban if the employer requests it from the ministry. You could also be liable to pay compensation for up to 45 working days if the employer can prove any loss that occurred from your resignation.
This could also result in not getting your end-of-service gratuity pay. All these laws apply, regardless of whether you're sponsored by family (husband or father) or by the employer.
Your employer cannot, however, refuse to accept your resignation.
Employee cannot claim overtime for commute
Do you take two hours to get to work every day, adding to your total 'work' hours? According to law, commute is never included in calculation of work hours, so you cannot claim compensation for these hours as overtime from your employer.
Employee cannot claim labour dues after one year
Even if your employer does not cancel your visa after resignation or dismissal, your dues (such as gratuity, leave benefits and any other financial claim) should be claimed and received within one year of such entitlement becoming due.
After this period of one year, even the ministry would not be able to help you get your entitlements. The best thing to do would be to make sure you claim and receive everything from the employer within one month of leaving the job, even if the visa hasn't been cancelled.
Employees must, ideally, not cause equipment damage
Equipment damage can cost the employee a lot if he or she is responsible for such damage. Employers are allowed to cut the cost of repair or replacement from wages or salary every month, such amount not exceeding five days of remuneration at a time.
However, if the employee resigns, this amount can be deducted from end-of-service benefits such as gratuity.
No paid sick leave during probation
There is no provision for paid sick leave for employees during the probation period. If there's no way for you to work while you're sick, get a doctor's certificate proving the same, and discuss this at length with your reporting manager. This may not get you a paid sick leave, but can ensure that your illness doesn't adversely affect your job situation.
Here's a guide to everything you need to know about sick leave in the UAE
Gulf News is not responsible for any amendments made to the UAE Labour Law. All labour disputes must go through the Ministry of Labour. This article may only be used as a guide. Call centre For any Labour issues, call 800 665
Locate your nearest Ministry of Human Resources and Emiratisation office
