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It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that referring to the UAE Labor Law in the UAE according to your inquiry, this is considered a violation to the law by the sponsoring employer. She can go to the Ministry of Labor and submit a complaint and explain the matter in detail for the possibility of leaving the work with keeping of all the rights of the workers according to the law and here are the law that organized the case as provided to us in your inquiry.
Article (12)
1. The worker shall have the right to a weekly rest day at 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 is entitled to annual leave of 30 days for each year, and shall be paid before the date of the employment. If the period of service is less than one year and more than six months, he shall be entitled to two days leave 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 during the following year is not transferred, the employer shall pay the worker 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. He shall enter into account the period of annual leave granted to the worker on the holidays prescribed by law, agreement or any other periods due to sickness if they interfere with such leave.
3. Subject to the provisions of Article (7) of this Law, in the case of renewing the employment contract, the worker may 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 employee having obtained his annual leave, the worker is 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 of the leave, 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 of its expiry.
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 (15)
The employer shall abide by the obligations stipulated in the contract of employment and its annexes, in addition to the following:
1. Provide the required work performance requirements
2. Creating a decent place to live the worker.
3. Provide the employee's needs of meals and clothing suitable for the performance of work as long as he works full-time and not the temporary operating system, unless otherwise agreed.
4. To bear the cost of medical treatment for the worker in accordance with the health system in force in the State.
5. Treatment of the worker in a good manner that preserves his dignity and the integrity of his body.
6. The worker shall not be employed by third parties except in accordance with the conditions and conditions stipulated in the executive regulations of this law. And shall not employ any worker unless he is licensed to work in accordance with the provisions of this law and its executive regulations.
7. Payment of the necessary compensation resulting from occupational injuries and occupational diseases in accordance with the compensation schedules annexed to the Law on the Regulation of Labor Relations in force, unless the insurance company pays such compensation.
8. The worker shall not be employed in a profession which is different from the nature of his work, except on his consent and provided that he is one of the professions covered by this law.
9. Guaranteeing the worker's right to keep his / her own identity documents.
10. Grant the heirs of the deceased worker during the service the comprehensive wage for the month in which he died, and any other entitlements to the worker.
11. He shall not charge himself or any intermediary from the worker any amounts or any remuneration, unless provided for in this law or in the executive regulations or in the contract form approved by the Ministry.
12. To notify the Ministry, any breach of the worker as required by the legal systems in force, and the employer must comply with what the Ministry requires in these cases.
Article (23)
1. Either party to the contract of employment may terminate 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 equivalent to one month's comprehensive pay, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the trial period, the worker shall bear the expenses of his return to his country, in addition to payment of compensation to the employer equivalent to the comprehensive wage for one month and any other entitlements to the employer in respect of the worker and any other damages that may be decided 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 country.
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