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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
My name is Anjum Jehan. I am a DHA registered...
My name is Anjum Jehan. I am a DHA registered General Practitioner (License 77233236). I am seeking a legal advise with regards to my employment rights in UAE in the following situation.In Oct 2019 I got hired by a clinic in Dubai as Medical Director. I was already 6 months pregnant at that time. My employer got me signed an Offer letter and told me verbally to join within a week. However the actual joining only started after one month of signing that offer letter because of the reasons best known to clinic management. From Dec 2020 I started working in clinic. As I was having husband's visa, I provided all my documents for processing my legal contract and Labour card after the clinic management requested me for those documents. but after that the employer never replied to my emails and verbally said that the labour card will take some time. I sent multiple emails from time to time to give me my labour card, however they never replied.I left for my maternity leave in last week of January 2020. On completion of my 45 days of maternity leave, my employer asked me to wait some more time and requested me not to join. After that the employer kept on ignoring me so that i can not join back to my job. I was paid only for the time I worked (Dec 2019 & Jan 2020). I was pushed to work more than 48 hours a week, also during national holidays while being on my last days of my pregnancy. However, those extra time was not paid. Instead i was threatened to be fired if I ask questions. As my professional license was being used by the clinic, I missed many job offers during this time. Also, I was not being paid and more importantly I couldn't get a chance to work for my society during this pandemic time. And hence I resigned from this Job. Now as i requested the clinic to cancel my license and clear my account. The clinic management replied to my email saying they don't owe me anything.
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry is related to that your employer refused to let you return to work, here are the following legal facts:
- The employer has the right to terminate the employment contract without notice or indemnity during the probation period, which shall not exceed six months.
-The worker may prove his rights even if he does not have a written contract of employment.
- The employer shall pay the worker all his rights related to his salary and overtime.
If the employer violated this, the worker may file a complaint at the Ministry of Human Resources and Emiratisation
Here are the texts of the UAE Labor Law related to your inquiry:
Article 37:
The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
Article (65)
The maximum normal working hours for adult workers is eight hours per day or forty-eight hours per week. Working hours may be increased to nine hours per day in commercial business, hotel business, canteens, guarding and other work that may be added by decision of the Minister of Labor.
It is also permissible to reduce the daily working hours for exhausting or harmful health work by a decision of the Minister of Labor and Social Affairs and the normal working hours are reduced by two hours during the month of Ramadan and the periods spent by the worker in the transition between his place of residence and the workplace are not counted within
Article (66)
Daily working hours are organized so that the worker does not work more than five consecutive hours without periods of rest, food and prayer that are not less than one hour in total, and these periods are not included in the calculation of working hours.
As for factories and laboratories where work is in successive regiments, day and night, or in work in which technical and economic reasons are imperative to continue the work without stopping, the Minister organizes, by a decision, how to give workers rest periods, food, and prayers.
Article (67)
If the working conditions call for the employee to work more than the normal working hours, the period of increase is considered an additional time for which the worker receives a wage equal to the wage corresponding to the normal working hours, plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require that the workers work an additional time between nine o'clock in the evening and four o'clock in the morning, the worker shall be entitled to the extra time determined for the normal working hours, plus an increase of not less than 50% of that wage.
Article (69)
The actual additional hours of work may not exceed two hours per day unless work is necessary to prevent a serious loss or a serious accident or to eliminate its effects or mitigate them.
- The employer has the right to terminate the employment contract without notice or indemnity during the probation period, which shall not exceed six months.
-The worker may prove his rights even if he does not have a written contract of employment.
- The employer shall pay the worker all his rights related to his salary and overtime.
If the employer violated this, the worker may file a complaint at the Ministry of Human Resources and Emiratisation
Here are the texts of the UAE Labor Law related to your inquiry:
Article 37:
The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
Article (65)
The maximum normal working hours for adult workers is eight hours per day or forty-eight hours per week. Working hours may be increased to nine hours per day in commercial business, hotel business, canteens, guarding and other work that may be added by decision of the Minister of Labor.
It is also permissible to reduce the daily working hours for exhausting or harmful health work by a decision of the Minister of Labor and Social Affairs and the normal working hours are reduced by two hours during the month of Ramadan and the periods spent by the worker in the transition between his place of residence and the workplace are not counted within
Article (66)
Daily working hours are organized so that the worker does not work more than five consecutive hours without periods of rest, food and prayer that are not less than one hour in total, and these periods are not included in the calculation of working hours.
As for factories and laboratories where work is in successive regiments, day and night, or in work in which technical and economic reasons are imperative to continue the work without stopping, the Minister organizes, by a decision, how to give workers rest periods, food, and prayers.
Article (67)
If the working conditions call for the employee to work more than the normal working hours, the period of increase is considered an additional time for which the worker receives a wage equal to the wage corresponding to the normal working hours, plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require that the workers work an additional time between nine o'clock in the evening and four o'clock in the morning, the worker shall be entitled to the extra time determined for the normal working hours, plus an increase of not less than 50% of that wage.
Article (69)
The actual additional hours of work may not exceed two hours per day unless work is necessary to prevent a serious loss or a serious accident or to eliminate its effects or mitigate them.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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