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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I want to know that labour laws are same for...

تم تقييم هذه الإجابة:
I want to know that labour laws are same for private and semi government property
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
As per my employer im not entitled for graduaty

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                      
Thanks for joining and trusting us, much appreciated!

We would like to inform you that The UAE Labor Law does not apply to the following categories:
the employees, the federal government workers and the governmental department in the UAE, the members of the state, the employees and workers of the municipalities, and other workers or employees in the public entities and federal public and local institutions, including the employees and workers of the federal and local governmental projects.
If your employer tells you that you are not entitled to your benefits, you should first review your employment contract, as well as the Ministry of Human Resources and Emiratisation, to ensure that you are subject to the UAE Labor Law In addition, according to the UAE Labor Law, a worker is not deprived of end of service benefits if he completes one year of continuous service with the employer except in some cases stipulated in Article 120 of the Labor Law such as:

- Attack on the employer.

- Discontinuation of work seven consecutive days or twenty separate days.

 

Here is the text of the UAE Labor Law regarding your inquiry:

 

Article (3)

The provisions of this law shall not apply to the following categories:

-the employees, the federal government workers and the governmental department in the UAE, the members of the state, the employees and workers of the municipalities, and other workers or employees in the public entities and federal public and local institutions, including the employees and workers of the federal and local governmental projects.

 

-the armed forces and police members

 

-the private domestic workers

 

-the workers who work in the agriculture and farms except for the those who work in the agricultural institutions which manufacture its products, or who repair mechanical machinery required for agriculture

 

Article 120

An employer may dismiss a worker without notice if and only if the worker:

 

  1. Assumes a false identity or nationality or submits forged certificates or documents.
  2. Is engaged on probation and is dismissed during or at the end of the probationary period;
  3. commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
  4. disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
  5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
  6. is finally convicted by a competent court of a crime against honour, honesty or public morals
  7. reveals any confidential information of his employer;
  8. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
  9. assaults the employer, the manager in charge or any of his workmates during working hours; or
  10. absents himself from work without a valid reason for more than 20 nonsuccessive days in one single year, or for more than seven successive days.

 

 

Article 139

 

 A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:

 

  1. If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
  2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).

 

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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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