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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good morning, just need some guide on Housemaids...

تم تقييم هذه الإجابة:
Good morning, just need some guide on Housemaids laws that protect them in UAE
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?
nothing much...

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الرد من العميل

As a house maid what actions can I take if the employer is mistreating me.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that referring to the UAE Domestic Workers' Domestic Workers Law First, with the expiry of the employment contract, you can leave the job and you cannot be compelled to sign a new contract while retaining all your labor rights as provided for in Article 13
Article (13)
1. The worker shall be entitled to an annual leave of thirty days for each year, which shall be paid before it is performed. 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. The employer shall determine the date of commencement of the annual leave and may, if necessary, split it up to two periods at most. 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. The period of annual leave granted to the worker shall be included in the statutory holidays, an agreement or any other periods due to sickness if it interferes with such leave.
3. Subject to the provisions of Article (7) of this Law, a worker may, in case of renewal of the employment contract, collect the leave due to him for more than two years and collect them.
Every two years, the employer shall bear the value of the worker's ticket to and from his country of origin, or the cash allowance equal to the leave pay for the worker for two years, in addition to the value of the ticket if the worker expresses his desire to continue work and not to take leave.
5. If the employment contract expires or is terminated from one of the parties without the worker having received his annual leave, the worker shall be entitled to a cash allowance equal to his wage for the number of days of leave due to him. For the employer, in this case, the wage is calculated in its category at the time of dismissal.
Article (14)
The worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year. He shall receive it continuously or intermittently when it is proved to be necessary by a medical report issued by the official health authority in the State, and shall be calculated as follows:
1. The first fifteen days with comprehensive pay
2. The following 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.
3. The case shall not be accepted before the competent court before following the procedures provided for in this law and its executive regulations.
Article (22)
1. The employment contract shall terminate in one of the following cases:
a. Unless it is renewed in accordance with the provisions of this law and its executive regulations and ministerial decisions issued in this regard.
B. The death of the worker or his incapacity during and after the work, and the disability shall be determined and determined by a report from a competent medical committee. The employer shall bear the costs of returning the body of the deceased worker or the incapacitated worker to his country
C. The employer may die, and the contract may continue until the end of its term with the approval of the Ministry.
D. Conviction of the worker in a felony or sentenced to a penalty restricting freedom in a felony or misdemeanor.
e. Agreement of the parties to terminate the contract.
f. The worker shall be sixty years old, and the Minister shall determine the cases in which the service may be extended beyond this age.
G. Exhaustion of sick leave, or lack of fitness for work.
H. Disruption of work without an acceptable excuse during the contractual year for ten consecutive days or fifteen consecutive days.
I. A breach by one of the parties to the contract of the obligations established by law or agreement has been proved, in which case the provisions of article 23 of this Act shall be applied.
2. The employer shall perform all the financial employee's dues within ten days from the date of
Article (26)
1. A worker who has completed one year or more in continuous service shall be entitled to the end of service gratuity at the end of his service. The days of uninterrupted work shall not be included in the calculation of the period of service. When the contract expires, the bonus account is renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year in proportion to what he spent in the work provided
that he has completed one year of continuous service.
** So you can go to the Ministry of Labor and submit a complaint explain the matter in detail and claim all labor rights to you

الرد من العميل

What happens if an employee stop working within the stated period in the contract! Let's say he/she joined and want to stop working within a period of 6 months or less!

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that if the company filed an absconding report against you because of leaving the work, then the below article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated 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.
Note that the period is a year once it is issued, but staying in the country without cancelling it by settlement with the employer, then you will have many fines because of overstay and you didn’t transfer the sponsorship as you need the sponsor to cancel the visa as he is the only one who can cancel or ny one represent him.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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