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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I'm Domestic helper in sharjah and my employer is...

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I'm Domestic helper in sharjah and my employer is Iranian i have 1 year working here without and more than 10 hours working

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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 Labor Law, if there is any violation from the employer regarding the granting of the leave if it is due, the complaint can be addressed to the Ministry of Labor and explained in detail, which may be justified to leave the work and give you permission to know the ministry without the need for NOC if proven violation on the employer
Article (12)
1. A worker shall have the right to a weekly rest day for a comprehensive remuneration in accordance with the Executive Regulation of this Law, and may be employed on his weekly rest day.In this case, he shall have the right to an alternate rest day or be paid in monetary equivalent to the comprehensive wage for that day.
2. The Executive Regulation of this Law shall regulate working and resting hours so that the daily rest of the worker shall not be less than twelve hours a day, provided that they shall be at least eight continuous hours.
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 (15)
1. Provide the required work performance requirements
2. Creating a decent place to live the worker.
3. Provide the worker with meals and clothing suitable for the performance of the work as long as he works full-time and not the temporary operating system, unless otherwise agreed.
4. To bear the cost of medical treatment for the worker in accordance with the health system in force in the State
5. Treatment of the worker as a good treatment to preserve his dignity and integrity of his body.
6. The worker shall not be employed by third parties except in accordance with the conditions and conditions stipulated in the executive regulations of this law. And not to employ any worker unless he is licensed to work in accordance with the provisions of this law and its executive regulations.
7. Payment of the necessary compensation resulting from occupational injuries and occupational diseases in accordance with the compensation schedules attached to the Law on the Regulation of Labor Relations in force, unless the insurance company pays such compensation.
8. The worker shall not be employed in a profession that is different from the nature of his work, except in his consent and provided that he is one of the professions covered by this law.
9. Guaranteeing the worker's right to keep his / her own identity documents.
10. Grant the heirs of the deceased worker during the service the comprehensive wage for the month in which he died, and any other entitlements to the worker.
11. He shall not charge, by himself or by his intermediaries, any sums or any remuneration, unless provided for in this Law, by the Regulations or by the contract form approved by the Ministry.
12. To notify the Ministry of any breach of the worker by the provisions of the applicable legal regulations, and the employer shall comply with what the Ministry requires in these cases.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
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