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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Wat are rules and regulations abt house maid in...
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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It should be noted that after reviewing your inquiry and legal scrutiny we would like to providethat there is no minimum salary limit
But the Employment Law provides that the salary shall be according to the agreement with the employer according to the Domestic law
Article (5)
1. A contract, modeled on the unified standard contract mandated by the Ministry, shall be entered into by the recruitment agency and the employer that sets out the obligations related to the worker’s recruitment. This contract shall include in particular the following:
a. The profile and qualifications that the employer expects of the worker to be recruited by the agency.
b. The basic rights and privileges that the employer commits to honor, notably as they relate to the type of work and the total wage.
c. The financial commitments by the employer that relate to the worker’s travel from his/her home country to UAE, the compensation due to the agency in return for its services, etc. The Minister or his representative are empowered to decree the terms and value of this compensation.
d. The time-frame for completing the worker’s deployment procedures.
2. In case the recruitment agency fails to comply with the provisions of the contract that are mentioned in clause (1) of this article, the employer is entitled to decline to employ the recruited worker. Notification by the employer of the decision not to employ the worker shall be made in writing and the provisions of article 4/4 of this law shall apply, without prejudice to the employer’s right to seek from the recruitment agency the payment of a compensation for any damage incurred due to the violation of the terms of the contract .
Article (10)
The monthly wage shall be paid in UAE Dirham within a period not exceeding ten days from the date of entitlement. The Ministry may lay down the system which it deems appropriate for how and to ensure payment of remuneration.
The total remuneration of the worker shall be due from the date of entry of the worker to the State, or from the date of the modification of his status. The performance of the comprehensive wage shall be determined by written receipt or other means of proof determined by the Ministry.
Article (11)
The total wage of the worker shall be deducted from the total wage required for the fulfillment of the debts in implementation of a judicial decision and not exceeding one quarter of the total wage.
UAE domestic labor law stipulates in its articles,
Article (12)
- The worker shall have the right to a paid weekly day off in accordance with the executive regulations of this law. He / she may be employed to work on his / her weekly day off, in which case he /she shall have the right to an alternative day off or a cash allowance equal to full wage for that day.
- The executive regulations of this law shall regulate working and rest times, so that the daily off period of the worker shall not be less than twelve hours per day, provided that at least eight consecutive hours.
Article (13)
- The worker is entitled to annual leave of 30 days on each year, and shall be paid before the date of employment. If the period of service is less than one year and more than six months, he / she shall be entitled to two days leave for each month. If the working conditions require that the worker be employed during all or some of his annual leave, and the period of leave during which he / she worked during the following year is not transferred, the employer shall pay the worker his / her wages plus a leave allowance for his / her working days equal to his basic wage. In all cases, the worker may not be assigned to work during his / her annual leave more than once during two consecutive years.
- It shall enter into account the period of annual leave given to the worker on the holidays stipulated by law, agreement or any other periods due to sickness if they are entered in such leave.
- without prejudice to the provisions of Article (7) of this Law, in case of renewing the employment contract, the worker may collect the due leave days for more than two years and get it once..
- The employer shall afford the expenses of the worker's ticket to and return from his / her country every two years, or cash allowance equal to two-years pay for the worker, in addition to a ticket if the worker shows his desire to continue the work and not to take a leave.
- If the employment contract is terminated or has been terminated by one of its parties without the employee having gotten his / her annual leave, the worker is entitled to an allowance equal to the number of leave days he / she deserves. The wage shall be calculated in its category at the time of the leave, unless the reasons of not taking the leave is caused by the employer, then the wage shall be calculated, in this case, by its category at the time of delivering to the worker.
Article (14)
The worker shall have the right to a sick leave for a period no more than thirty days in the contractual year, and shall be taken intermittently. That is to say, whenever it is proved necessary by a medical report issued by the health authority official and accredited in the country.
to be calculated as follows.
- The first fifteen days with full pay
- The next fifteen days without pay.
Any obligations of employer and employee.
Article 15
The employer should also do the following for the domestic-service worker:
- Provide the needed for work performance.
- Providing a decent place to live the worker.
- Provide the worker's needs of meals and assigned clothes for the performance of work as long as he/she works full-time and not on temporary laborer system, unless otherwise was agreed.
- To afford the costs of medical treatment for the worker according to the health system in the country.
- Dealing with the worker in an appropriate manner preserves his dignity and the safety of his body.
- The worker shall not be employed by third parties except in accordance with the conditions and regulations stipulated in the executive regulations of this law. And shall not employ any worker unless the worker is licensed to work in match with the provisions of this law and its executive regulations.
- Paying all the necessary compensation resulting from work injuries and diseases in accordance with the compensation regulators annexed to the Law on the Regulation of Labor Relationships in effect, unless the insurance company pays such compensation.
- The worker shall not be hired for working in a profession which is different from this/her specialty, except upon his/her consent and provided that it must be among the professions covered by this law.
- Ensuring that the worker re-gains all his/her own ID documents.
- Provide the heirs of the dead worker during service the full wage for the month in which he/she died, and any other entitlements for the worker.
- He/she shall not charge himself or through any mediator from the worker any amounts or any entitlements, unless stated in this law or in the executive regulations or in the contract letter approved by the Ministry.
- To notify the Ministry of any breach by the worker of the provisions of the applicable legal systems. As, the employer must comply with what the Ministry requires in these cases
Article (26)
A worker who has completed one or more years of continuous service shall be entitled to end of service benefits at the end of his/her service. Leave days are not included in the benefits.
Benefits shall be calculated on the basis of 14 days' wages on each the year of service, paid at the end of the contract, and it can be renewed with the contract's renewal.
The worker shall be paid for the fractions of the recent year at work equal to the number of working days, provided that he/she shall be completed one year of continuous serviceالرد من العميل
More question how much is d compensate with worker after 2 years contract
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that you may terminate the contract but only when it term has ended, as the UAE Domestic Workers law states that:
- The employment contract shall be considered terminated in any of the following cases:
- 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.
- 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.
- The employer’s death; however, the contract may be allowed to remain in force until its expiry date with the approval of the Ministry.
- The conviction of the worker of a felony or his receiving a freedom constraining court sentence for a felony of a misdemeanor.
- Agreement by both parties to terminate the contract.
- The worker reaching 60 years of age. The Minister shall determine the cases where service may be extended beyond this age.
- The worker exhausting his sick leave or lack of physical ability to work.
- The worker’s absence without an acceptable reason for 10 consecutive days or fifteen intermittent days during a contractual year
- 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.
- The employer shall settle all of the worker’s financial dues within 10 days of the contract termination date.
End Of Service Benefits
Article (26)
- A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages. The worker shall be paid the end of service benefits at the end of the contract and the bonus account shall be renewed by renewing the contract.
- The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
Article (27)
The worker shall be deprived of the end of service benefit if the contract of employment ends the unlawful interruption of work, or if the contract is terminated by the worker without a legitimate reason.
I would like to clarify to you that
Article 23 of the UAE assistance employment act stipulates that
Either the employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and for a reason not in the hands of the worker, the employer will be obliged to give a ticket for the worker's repatriation, in addition to paying a compensation equal to one month's wage and any other damages that the court may rule for.
In all cases of termination of work contracts, the Ministry shall have the power to give the worker a new work permit or not in accordance with t. The worker has the right to receive the benefits upon his/her finish. The benefits shall be renewed with the contract's renewal. he rules apply in this regard. Take into account the provisions in force in the country.
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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