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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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About housemaid law in sharjah, about insurance my...

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About housemaid law in sharjah, about insurance my rights and what i can do
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al madam sharjah
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Nothing
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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you the below:
Article (4)
The recruitment office is committed to:
1. Not to bring the worker from his country unless he declares the type of work and its nature, the amount of the comprehensive wage and the availability of proof of fitness, health, psychological, professional and other conditions specified by the executive regulations of this law, taking into account the nature of each profession.
2. He shall not request, by himself or by third parties, or accept any worker, whether before or after the commencement of the work, any commission in return for receiving the work or to receive any expenses.
3. Conduct the necessary medical examinations for the worker within thirty days at the most prior to entering the country.
4. To bear the expenses of returning the worker to his country, in addition to providing an alternative without charging the employer any additional expenses, or refunding all the amounts paid by the employer, at the latter's option, if any of the following during the trial period referred to In Article (9) of this law:
a. Lack of professional competence and good personal behavior in the world.
B. It is proved that the worker is not fit according to the conditions stipulated by the executive regulations of this law after entering the state and during the trial period, taking into account the nature of each profession.
C. The employee shall leave the work in other than the licensed conditions, as set out in the executive regulations of this law.
D. Termination of the contract by the worker's desire or because of it for failure to meet the conditions agreed upon in this factor.
5. Awareness and awareness of the worker in the customs and traditions of society in the State.
6. Provide temporary accommodation for the worker equipped with decent means of living whenever it is necessary for the worker to stay with the office for a period where he must have a place to reside.
7. Good treatment of the worker and not subject to violence.
8. Informing the worker of the competent authorities to consider his complaint regarding any violation of his rights and freedoms
9. Handing over the employer's handbook with receipt of payment.
10. The employer shall refund all amounts paid by the latter to the office, or part thereof, as determined by the executive regulations of this law, in any of the following two cases:
(A) The termination of the contract by the worker, after the probationary period, and without reason due to the employer.
(B) After the probationary period, the worker leaves the employer without an acceptable reason.
Article (5)
1. A contract shall be concluded, in accordance with the approved model of the Ministry, between the recruitment office and the employer to regulate the obligations for the recruitment of the worker, provided that this contract includes in particular the following:
(A) The conditions specified by the employer in the worker assigned to the office by his employer
(B) the basic rights and obligations to which the employer is bound by the worker, especially the type of work and the amount of the comprehensive wage;
(C) The financial obligations necessary for the transfer of the worker from his country to the State and in return for the services due to the Office and others. The Minister or his delegate may issue a decision on the controls and the value of such remuneration.
D) The period specified for implementing the recruitment procedures
2. If the Office of Recruitment violates the conditions agreed upon in the contract provided for in clause (1) of this Article, the employer shall have the right to refuse to employ the worker who has been brought in. The notice of refusal shall be in writing and the provisions of Article 4/4 of this Law shall be applied without prejudice. Of the right of the employer to claim the Office of Recruitment for any damage caused by the breach of the terms of the contract.
Article (6)
The employer is obliged to conclude a contract of employment with the worker in accordance with the approved form of the ministry, provided that the contract is written in four copies, one of which is delivered to the worker and the other to the employer and the third deposited with the recruitment office and the fourth with the ministry.
In all cases, the parties to the contract may prove any additional conditions in an extension contract.
Article (7)
The contract of employment shall include the names of the parties, the place of work, the date of its conclusion, the date of commencement of employment, the type and length of the contract, the amount of the total wage, the method of payment, the permitted leave of the worker, the period of experience, the rest periods and the conditions that may result in the termination of the contract, Other conditions required by the nature of the work, and are contained in the contract form approved by the Ministry.
In all cases, the duration of the first contract shall not exceed two years and may be renewed for other periods by mutual agreement
Article (8)
The right to claim any of the rights arising under the provisions of this Law after six months from the date of termination of the employment relationship shall not be heard at the time of denial.
Article (9)
The worker shall be tested for six months from the date of receiving the work.
Article (10)
The monthly wage shall be paid in UAE Dirham within a period not exceeding ten days from the date of entitlement. The Ministry may lay down the system which it deems appropriate for how and to ensure payment of the remuneration
The total remuneration of the worker shall be due from the date of entry of the worker to the State, or from the date of the modification of his status, and the performance of the comprehensive wage shall be confirmed by written receipt or any other means of proof determined by the Ministry.
Article (11)
1. The total wage of the worker shall be deducted from what is necessary for the fulfillment of the debts in accordance with a judicial ruling and not exceeding one quarter of the total wage
2. If the worker commits an act to the detriment of the employer to the loss or damage of the tools, machines, products or materials owned by the latter, or that is in the custody of the worker or at his disposal, whenever this is caused by the mistake of the worker or the violation of instructions, In this case, with the consent of the worker, and with the consent of the relevant authority in the ministry, if the worker does not agree, the total wage shall be deducted from the total wage, and not exceeding one fourth of the amount required for reparation as estimated by the ministry. If the conciliation is not approved by the ministry, To the judiciary.
3. In all cases, the termination benefit may be deducted from the end of service benefit if it is not possible to withhold the wage to pay the fixed amounts due to the worker
Article (12)
1. The worker shall have the right to a weekly rest day with a comprehensive wage in accordance with the executive regulations of this law. He may be employed on his weekly rest day, in which case he shall have the right to an alternative day of rest or a cash allowance instead.
2. The executive regulations of this Law shall regulate working and rest times so that the daily comfort of the worker shall not be less than twelve hours per day, provided that at least eight continuous hours
Article (13)
1. The worker shall be entitled to annual leave of thirty days for each year, and shall be paid before it is carried out. If the period of service is less than one year and more than six months, he shall be entitled to leave two days for each month. If the working conditions require that the worker be employed during all or some of his annual leave and the period of leave during which he worked for the following year is not transferred, the employer must pay his wages plus A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. It shall take into account the period of the annual leave granted to the worker on the holidays determined by law, agreement or any other periods due to sickness if it interferes with this leave.
3. Subject to the provisions of Article (7) of this Law, the worker may, in case of renewing the employment contract, collect the accrued leave for more than two years and obtain it collected.
4. The employer shall bear the value of the worker's ticket to and return from his country every two years, or the cash allowance equal to the two-year pay for the worker, in addition to the value of the ticket if the worker shows his desire to continue the work and not to take the leave.
5. If the employment contract is terminated or has been terminated by one of its parties without the worker having obtained his annual leave, the worker shall be entitled to a monetary allowance equal to the number of days of leave due to him. The wage shall be calculated in his category at the time the leave is due unless the failure to obtain leave is due For the employer, the wage shall be calculated, in this case, by its category at the time it is paid to the worker.
Article (14)
The worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year, and shall be obtained intermittently or intermittently if it is proved necessary by a medical report issued by the health authority officially accredited in the State.
1. The first fifteen days of comprehensive pay
2. The following fifteen days without pay.
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to the comprehensive salary for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
Article (24)
All sums due to the worker or to his heirs under the provisions of this law shall be a concession on all the movable property and real estate of the employer and shall be paid directly after the amounts due to the General Treasury and the legal maintenance.
Article (25)
In all cases of termination of the employment relationship, the employer shall not be liable for the expenses of returning the worker to his country if the worker joins another work, as set out in the executive regulations of this law.
Article (26)
1. A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages for the year, Service at the end of the contract, and the bonus account shall be renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
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إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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