I have been working in a Dubai company on an unlimited contract for more than four months. I am currently on probation. My contract requires me to work eight hours a day, but since the day I joined, I have worked 10 hours a day without overtime pay. My manager claims that an employee under probation is not entitled to overtime pay in that period. He also said that my probation period can be increased to another six months.
Article 65 of Federal Law No 8 of 1980 states: “The maximum normal hours of work for adult workers shall be 8 hours a day or 48 hours a week. The hours of work may be increased to nine a day in commercial establishments, hotels and cafes, guard duties and any other operations authorised by the Ministry of Labour. The hours of work may also be reduced in case of arduous or unhealthy operations. The normal hours of work shall be reduced by two during Ramadan. Therefore, the questioner should get paid for doing overtime regardless of the probation period.
As per the Article 37 of Federal Law No 8 of 1980, “a worker maybe engaged on probation for a period not exceeding six months, during which his services may be terminated without notice or severance pay. On completion of probation, the said period shall be taken into account for end-of-service benefits.
Therefore, the employer has no right to increase the probation period to more than six months.
False absconder complaint
I have worked in a company for more than two years. I am now planning to change jobs, but I fear the company will file a false absconder complaint against me. What penalties does the Ministry of Labour impose on companies filing false absconder complaints?
If it is proved to the Ministry of Labour that the absconder complaint made by the employer is false, such a complaint will be considered to be forgery of an official document. The ministry may refer the employer who filed the false complaint to the Public Prosecution for forging an official document and filing a false complaint.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
