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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Hi do you deal with labour law in Abu Dhabi for...
الرد من العميل
Hello I was made redundant from my position last Thursday Nov 7th. I has planned to resign do to the work environment and expectations of one person to do. I am a manager of case management in the hospital I work at. When the human capital members met me my mama gerbil was not there. Only the manager of Human Resources and another HR liaison. I was told my position would be made redundant and that I would be expected to work my 3 months resignation period. The resignation period was changed on the 23 October from 1 month to 3 months. I had signed the document not realizing the change. When I asked when my last working day was I was told Feb 6th. I then offered to work until my ANnual leave date which is Dec 2nd. I mentioned this to help. As I know All employees before me were instantly given garden leave on the day they were terminated and given there notice period. But I was shocked to find out during this meeting that I would be expected to work my full resignation. I was further told that this was never how it was done before and that both Human Resources staff were surprised it has now been changed. They informed me the new Chief operations officer didn’t agree to allow me to take garden leave and this process has now stopped starting with me and the other staff made redundant on the same day as me. (They have been given 1 month resignation period only) when I asked why mine is now 3 months and no longer 1, I was informed because I am considered clinic it is now changed has it is more difficult to height into a clinical position as it takes longer. I told them that if my position is now considered redundant why do I still need to work 3 months. Also, they are still hiring for my position. I am a manager but have not been managing as I am the only one doing the position - I has one employee with me but she was not reporting to me as per my director - I would not be managing but would work along side her and we would be do the position equally. This staff member resigned after only 2 months. And was called by the CEO to ask why she was leaving and if they could do anything for her to stay. I am now being sent resumes and invites to interviews for the position of case management. I was further told by my director my position will be turned from manager of case managers to 3 case managers position. Therefore, my position as per HR manager would be made redundant. My company didn’t give me the option of stepping into the Case managers role; which is the role I am doing now my manager title is only as per HR. I was initially hired to be the manager of the paediatric department which was my speciality - during the commissioning I brought up that case managers will be required - I was asked by the director of operations to start the department along with my Manager if paediatrics role. After a couple of months the company were unable to find a manager of case management due to the salaries being offered. I informed them I wanted to stay as the Paediatric manager. After another month both the head of nursing (who has now been made redundant) and the operations director asked me to take in the role of the manager for case management as it was becoming unfair to expect me to do both and that the case management will be required for the patients coming in and referrals. The head of nursing said please do this for us until we have more time to find a manager for case management . I will leave the position for paediatric manager open for you till Jan 2020. I reluctantly agreed as I had options. As the role began to develop. I mentioned we will require an admissions and referral department I was then asked to develop this up TIL a suitable manager could take over. I explained a business development manager would be required. I developed the department by my self and came into a lot obstructions along the way. I was finally offered an assistant to allow us to take in all the referrals coming in. After several months there was no Business development staff member hired. The CEO suggested I be the one to take in the BUsiness develop emend Title. I denied it as I wanted to stay in the Case Management role and explained the admissions and referrals I would develop and build and handle only until the BD manager arrived. Which was agreed to previously I was continuously told I was doing a great job by my direction of operations and by the CEO directly. As I was the one finding the referrals and getting in the patients. A BD manager was found. And would be arriving after my Annual leave in August. When I left the department to go on my AL the department had a priority coordinator my assistant and two Registered nurses to asses patients in outside hospitals. Process and policies were in place. During the time I was in admissions and referrals I requested to have a case manager to start in the inpatients. A charge nurse was designated to do this role for the patients in the interim - I trained him on minimal aspect of ther
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
It is different whether your contract is fixed-term or unfixed
If your contract is fixed-term, you cannot terminate it unless after the expiration of the contract term
If your contract is unfixed, you must notify your employer before the terminating the contract, depending on the period you have spent with the employer. The UAE Labor Law stipulates that:
Article 113
An employment contract shall terminate in any of the following cases:
By mutual agreement of the Parties, provided that the worker's consent is given in writing;
Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article 116
Where a contract is revoked by the worker for reasons other than those specified in
Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract
Article 117
Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
For the daily-paid workers, the notice period shall be as follows:
One week: if the worker has been employed for more than six months but less than one year.
Two weeks: if the worker has been employed for not less than one
year.
One month: if the worker has been employed for not less than five
years.
According to the given facts and for clarification purposes, we would like to explain to you,
According to the federal labor law in regards of resigning from work without the consent of the employer, it is the two cases
Article (118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.
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.
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 129
A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term
الرد من العميل
Con’tI also had another case manager in line that had the experience due to come in who would take on the role in my absence. On returning to work I began my position in the hospital as case manager with the staff already hired. I was told a second staff member would be arriving in Dec as decided on when staffing was initially looked a for my department. On arriving to the ward I was doing the same exact job and when I met with my now new director of nursing. As case management was placed under nursing and no longer operations. The department I left was now under operations. I was informed by the nursing director that both myself and the new staff member that we would report direc to the nursing head. I explained if I am the manager the new case manager reports to me. I was told no you will both doing the same position because of the requirements in the hospital. I had no problem with doing the exact job but as the manager she should still report to me. As I am the head. I was told no this how it will be. After a month the new staff member resigned due to immigration to a new country. She was very concerned about leaving me. As we required more staff. I spoke to HR and asked them to bring in the Dec candidate early I was told there is no longer a dec candidate. The position was removed as two positions salaries were given in order to hire the staff member who has now resigned .I was not made aware of this as the manager. It was decided without my input. I asked them to have the Dec candidate brought in now to cover the staff member who was resigning. After a total of about 5 emails being ignored I escalated it to the directors. HR replies to say they were trying confirm a date and time with the candidate. As the candidate had already been approved she was only coming as a informal meet and greet with me agin and the director of nursing. The candidate was brought in (I was not informed) and she was instead interviewed by the Buisness development manager for his department that I had left admissions and referrals. The candidate obviously was not interested in this role. Which I would have informed HR if they had asked. Because she was not interested she wa then given back to case management. For some strange reason she was then asked to meet the COO and CEO. As per the candidate she was not happy with the interview post. The candidate eventually pulled out and now is not avail either for me. I blame this on how HR handled it.I went to my director and explained how unfair I felt I was being treated in regards to my own department. And that I could no long continue to work here because if the lies and disloyalty. My director said I would not put up with this treatment also. I had planned to put in my resignation and was advised to wait until after the he weekend as my labour form and visa would be ready. And if I wanted to resign then I can still go forward. I discussed the issues with HR. And they said it sounds like they are trying to get rid of case management and have another department. Buisness development take over. If they make you redundant you will be given now 3 months notice garden leave. Within a week of my papers coming back. I was made redundant in my position. Indirectly spoke to the CEO who I knew and he informed me he will fix it and sortitnoutnfor me the same day. I informed the manager of HR who stated he will call me as soon as he receives the CEO email. That was on Thursday the 7th Nov. on the 10th of November I called the HR manager no answer, then the head if nursing no answer I then txt the CEO. Only to be told he tried his best but I would need to speak to the line managers. On speaking to the line managers HR, head of nursing and the operations director all informed me they had made an approval for me to work until dec 2nd my annual leave day. They had then proceeded to have the new COO who started 5 weeks ago sign off. When he saw what was proposed he denied it and said I must work my 90 days, they then went back again with the help of another director, he again said no. And was angry that all other employees had been given the option of garden leave and it stops now with me. All were sorry to tell me and said they supported me as I was always a hard worker and that they tried their best. I told them to inform the COO I would be making a formal complaint with MOHRE about this. They again informed him and he said again no!. Many people have been let go for no reasons even staff that should have been fired where given the option of being fired or made redundant and still given the notice period as garden leave in order for them to acquire a new position without the stress of having to look for a position while still working. Yesterday I went it MOHRE only to be told I must work my 90 days if not I will receive nothing there was no amicable options proposed for me. I felt unfairly treated in the meeting as 70% was spoken in Arabic.
الرد من العميل
The legal advisor at MOHRE said if I cont to take this to court I will lose everything including I will receive a 1 year ban. I was informed by 2 legal advisor to go to court because I have a case of unfair dismissal and also arbitrarily being demised My contract is unlimited — I am well aware of the labour law I have read it several times my question based on the information given is can I take it to court and win based on unfair dismissal and arbitrary dismissal As 1. I was not offered another position when there are avail either positions in fact the one I am doing now not the managers role if case management but as a case manager - I was not given the same rights as all the many many many staff let go before me. I am the first one not being offered the garden leave. I was told I can have time to look for a position but due to the nature of my work it is impossible to leave I am coming in earlier then supposed to and leaving after my scheduled hours due to the amount of work to be done. Being at work has caused stress amongst the physicians nursing and therapy as they know that my leaving will add extra work into their full time positions
الرد من العميل
I could have pasted the labour law myself here. What I’m asking is advice in English not in legal terms please based on the information I have sent.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
If you do not receive all of your entitlements to terminate the contract e.g. cash allowance for unpaid benefits, end of service benefits, unpaid salaries, repatriation expenses and airline tickets as stipulated for in the federal labor law.
You have to file a complaint against the employer at labor office
Support your complaint with proof documents on the validity of the complaint. Hence, to claim your entitlements after termination.
If there is any arbitrariness in termination, you have to claim compensation for this arbitrary termination.
about that and ask for compensation. As the UAE Federal Law states:
Article 123
Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
الرد من العميل
But is my claim within email considered arbitrary dismissal do I have a claim - as they are hiring into my position and saying it is redundant. Again you are only copying pasting but not giving me your advice
الرد من العميل
Based on my particular circumstance
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Claiming that the worker is redundant is not legal reason for termination and that is arbitrary dismissal.
You have to provide the email as a proof of termination you in order to get compensation states in the law.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Claiming that the worker is redundant is not legal reason for termination and that is arbitrary dismissal.
You have to provide the email as a proof of termination you in order to get compensation states in the law.
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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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