إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hi

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Hi

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

يمكنك طرح استفسارك تفصيليا وسوف نقوم بالرد على سيادتكم في اسرع وقت ان شاء الله طبقا للوقائع المعروضه علينا

الرد من العميل

Sorry can u plz respond in english

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

 Kindly, could you clarify your question in details so we could help you better with pleasure.

الرد من العميل

If definition of remuneration, as per federal law 08 of 1980, is as per below :   ++Quote++Remuneration is whatever is given to the employee in consideration of his services under the employment contract, whether in cash or in kind, payable annually, monthly, weekly, daily, hourly, or by piece-meal or pro rata to the production or as a commission.The remuneration includes the high cost of living allowance, and any benefit given to the employee in reward for his honesty or efficiency, provided always that these amounts are prescribed in the Company bylaws or in the employment contract, or normally practiced or granted to the employees, until they have been regarded by these as an integral part of the remuneration rather than a donation.++Unquote++Would be grateful if you could, clarify how court will interpret 02nd para of remuneration, which “inter alia” states, “provided always that these amounts are prescribed in the Company bylaws or in the employment contract, or normally practiced or granted to the employees, until they have been regarded by these as an integral part of the remuneration rather than a donation” –a)       What does normally practiced and granted to employees mean ? Can we establish that bonus is routine practice of the establishment and that’s why they had declared bonus through the official award letter ?b)      What does prescribed in the company bylaws mean ?c)       Does the court interpret the entire remuneration clause in favour of the employer, as it’s 1st part states that remuneration is subject to employment contract ?d)      Under UAE law, Free zone employment contract would be considered as binding contract or company issued employment contract ? Look forward for your expert advise on above referred queries, please. 

الرد من العميل

Plz may I have your contact number to explain the query in detail

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that answer (a):
 This means the usual wage that is paid to employees of the same category and job title, and this matter is resorted to if the contract does not explicitly stipulate the wage, meaning that if the contract does not explicitly stipulate the wage, the wage that is given to the employees for this job title is calculated.
 
 answer (b):
 
 Any company that is established has an internal system and regulations approved by the Ministry of Commerce. These regulations shall stipulate the wage and what it includes.
 
answer (c):
 
 The remuneration is always interpreted in favor of the worker so that the worker who has completed a year or more in continuous service is entitled to the end-of-service indemnity at the end of his service, and the days of absence from work without pay are not included in the calculation of the service period and the remuneration is calculated as follows: 1- Twenty-one days' wage for each year from the first five years of service.  2- An wage of thirty days for each year that exceeds that.  The aforementioned stipulated that the total remuneration should not exceed two years' wages.
 
answer (d):
 
 Concerning employment contracts in the free zone
 
 The cadres working in the free zones in the UAE are not subject to the Federal Labor Law directly, as there is in each free zone an entity or authority that has its own laws and regulations that apply to employees working within its scope. And every employee working in one of the free zones in the state shall have an employment contract subject to the authority or the concerned free zone authority.  The provisions stipulated in the employment contract shall be consistent with the UAE Federal Labor Law in general.
 
 In addition, each free zone, not the company or the employer, provides sponsorship for employees working in the companies in its jurisdiction.

الرد من العميل

Thank you for your detailed explanation.In June 2020, Our company has distributed letters of bonus for the year 2019. However, now company has started to terminate employees withoy paying bonus of last year citing reason that same is not covered under UAE labour law. Does company not liable to make payment of committed remuneration/bonus ? Does interpretation of para 02 of remuneration (under federal law) not covers bonus paid for honesty, hard work and efficiency ?

الرد من العميل

How does Hamriya Free Zone contract protects employees in above case ?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that it is monetary compensation (or remuneration, personnel expenses, labor) paid by an employer to an employee in exchange for work done. Payment may be calculated as a fixed amount for each task completed (a task wage or piece rate), or at an hourly or daily rate, or based on an easily measured quantity of work done. Payment by wage contrasts with salaried work, in which the employer pays an arranged amount at steady intervals (such as a week or month) regardless of hours worked, with commission which conditions pay on individual performance, and with compensation based on the performance of the company as a whole. Waged employees may also receive tips or gratuity paid directly by clients and employee benefits which are non-monetary forms of compensation. Since wage labour is the predominant form of work, the term "wage" sometimes refers to all forms (or all monetary forms) of employee compensation.
Thus, the company is obligated to pay the bonus, so we recommend that you file a complaint against the worker through the following link:
Complain
The ministry's website is not working now. You have to wait until evening to be able to submit a complaint

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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