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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi, I work for a 60k employees multinational from...
Hi, I work for a 60k employees multinational from UAE since 1 year. My employer is asking all employees to take 4 days of unpaid leave every month for minimum 6 months. They justify it by the coronavirus crisis that push them to do so instead of firing employees. Is it legal?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah, uae
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No, only that there is no written agreement, everything is done verbally. And they are forcing employees to apply these unpaid leaves on their own
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the Federal Labor Law, first legally, it is not permissible to compel migrant workers on unpaid leave, otherwise the matter is considered a legal offense for the employment contract, as is the labor law
But in exceptional cases and because of the force majeure, yes, companies may reduce the wages in order to avoid any loss the company may incur, so it is legal in the emergency situation
And we advised to comply with the company’s request now, and in case the emergency ends, it is possible to return to work and not obligate you to any unpaid leave, otherwise you have the right to file a complaint in the labor office
But in exceptional cases and because of the force majeure, yes, companies may reduce the wages in order to avoid any loss the company may incur, so it is legal in the emergency situation
And we advised to comply with the company’s request now, and in case the emergency ends, it is possible to return to work and not obligate you to any unpaid leave, otherwise you have the right to file a complaint in the labor office
الرد من العميل
Thank you.The force majeure is not written anywhere in my contract. Can they still use it?Thanks Faïza
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Yes, it is possible to use and does not require writing the force majeure. Rather, the application takes place as explained in the previous answer. Thank you.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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