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We would like to inform you that referring to the UAE Domestic Workers law, contracts are binding on both parties and therefore if the contract provides the payment of air tickets allowance, the employer is obliged by the provisions of the law stipulated as following:
Article 21
1- Where a dispute occurs between one or more employers and all or a certain group of their workers, which the parties fail to settle amicably, they should refer to the ministry of labour.
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.
Termination of the contract
Article 22
1. The employment contract shall be considered terminated in any of the following cases:
a. Its term has expired and it has not been renewed in accordance with the provisions of this law, its implementing bylaws and executing ministerial decrees.
b. The death of the worker or when the worker becomes disabled while at and as a consequence of work. The disability and its extent shall be documented in a report from a competent medical authority. The employer shall bear the expenses of repatriating the remains of the deceased worker, or returning the disabled worker to his/her origin country.
c. The employer’s death; however, the contract may be allowed to remain in force until its expiry date with the approval of the Ministry.
d. The conviction of the worker of a felony or his receiving a freedom constraining court sentence for a felony of a misdemeanor.
e. Agreement by both parties to terminate the contract.
f. The worker reaching 60 years of age. The Minister shall determine the cases where service may be extended beyond this age.
g. The worker exhausting his sick leave or lack of physical ability to work.
h. The worker’s absence without an acceptable reason for 10 consecutive days or fifteen intermittent days during a contractual year
i. It is established that one of the contracting parties violated his obligations under the law or the contract, in which case, the provisions of article (23) of this law shall apply.
2. The employer shall settle all of the worker’s financial dues within 10 days of the contract termination date.
Article (23):
1. Any party to the contract of employment shall be dissolved by the individual will if the other party breaches its obligations stipulated in Articles (15) and (16) of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equivalent to one month's comprehensive pay, other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the trial period, the worker shall bear the expenses of his return to his country, in addition to payment of compensation to the employer equivalent to the comprehensive wage for one month and any other entitlements to the employer in respect of the worker and any other damages that may be decided by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.