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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi goof

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Hi goof
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Hi good morning..Im from Abu Dhabi.. I would like to ask an advice regarding my employer. I AM working with TIRANA GENERAL CONTRACTING LLC for about 5 months now. From April my visa was not stamp on my passport, and I dont have insurance card untill now. Monthly salary is always delayed, spacially for the month of August. I didnt recieved it untill now. Aside from that, they let me worked in dubai as a driver for more than 12 hours a day without overtime pay. But my visa is secretary. They let me worked also for the 3 companies which my employer has a part on that. From thursday (Sept. 12, 2019) I didnt worked on them, I stopped. Because I cant take it anymore, and I am afraid that i will be caught by a police because I am working in 3 companies and thats illegal. Kindly give me advice how can I take my salary from them.
Lawyer's Assistant: Has anything been filed or reported?
At this moment not yet...
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only that mam please, kindly advise

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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 that according to the UAE Labor Law, what you mentioned is considered violation to the Labor Law and the work Contract and therefore the law provides legal protection for wages in the articles below:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
The law determine the working hours:
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (66)
The daily working hours shall be organized so that the worker shall not work more than five consecutive hours without periods of rest, food and prayer not less than a total of one hour. These periods shall not be included in the calculation of working hours.
In the factories and laboratories where the work is on successive cohorts at night and day or in work where it is imperative for technical and economic reasons to continue work without stopping, the Minister shall regulate by decision how to grant workers rest periods, food and prayer.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
Article (69)
Actual overtime hours may not exceed two hours per day unless work is required to prevent, eliminate or mitigate serious loss or serious accident.
Article (70)
Friday is the normal weekly rest day for all workers except for day laborers. If circumstances require the worker to work on that day, he shall be compensated for another day of rest or to be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.
So we advise you to file a complaint in the Labor Office and explain the matter in detail and in the event of proof of the violation can then leave the work without forcing you to pay any compensation to the employer as a result of leaving the work and without notice to them while you retain all the rights of the workers. You also have to hire a lawyer to handle the complaint procedures and following.
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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