إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I am alm0st 1yr here in abu dabhi.im sick and my...
I am alm0st 1yr here in abu dabhi.im sick and my d0ct0r said,i have liver pr0blem,infction in my lungs and pneum0nia.i went to the h0spital in seha with my own expense.n0w im weak and want to rest,but stil im w0rking.whats the best way to do? Pls help me
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dabhi.here in mur0r r0ad
Lawyer's Assistant: Has anything been filed or reported?
N0.can i break my c0ntract with them?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
May i ask als0? D0es ok f0r locals n0t to give us day off? Is it ok to sleep 2am or 3am?
إطرح سؤالك
إجابة الخبير: 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 welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the UAE Law, the employer can’t take the worker’s passport, so you can claim for it, and if they refused then you can file a complaint in the labor office to prove the violation, as it is just allowed to the governmental companies to take the passport with legal reason, otherwise it is legal violation.
However, the law permits that the passport be held at any government department affiliated to the Ministry of Interior, with the legal justification for the reservation. Otherwise, it is considered illegal. This is contrary to the employers in the private sector who are prohibited from holding their workers' passports
As for salary, according to the UAE Domestic Law,
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 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. The performance of the comprehensive wage shall be determined by written receipt or other means of proof determined by the Ministry.
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 of equivalent to the comprehensive wage for that day.
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 next fifteen days without pay.
Article (21)
1. If there is a dispute between the parties to the contract and a failure to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take whatever it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law
So you can go to the Ministry of Labor and submit the complaint and explain the matter in detail to force the employer to pay full rights and leave the work if you can prove the violation and change the employer with the knowledge of the Office of Recruitment and the Ministry of Labor without the requirement to get a NOC
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the UAE Law, the employer can’t take the worker’s passport, so you can claim for it, and if they refused then you can file a complaint in the labor office to prove the violation, as it is just allowed to the governmental companies to take the passport with legal reason, otherwise it is legal violation.
However, the law permits that the passport be held at any government department affiliated to the Ministry of Interior, with the legal justification for the reservation. Otherwise, it is considered illegal. This is contrary to the employers in the private sector who are prohibited from holding their workers' passports
As for salary, according to the UAE Domestic Law,
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 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. The performance of the comprehensive wage shall be determined by written receipt or other means of proof determined by the Ministry.
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 of equivalent to the comprehensive wage for that day.
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 next fifteen days without pay.
Article (21)
1. If there is a dispute between the parties to the contract and a failure to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take whatever it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law
So you can go to the Ministry of Labor and submit the complaint and explain the matter in detail to force the employer to pay full rights and leave the work if you can prove the violation and change the employer with the knowledge of the Office of Recruitment and the Ministry of Labor without the requirement to get a NOC
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود