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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hello dear Maha Saeed , my question is : can the...

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Hello dear Maha Saeed , my question is : can the employer send the employee on unpaid leave by notifying the employee via e-mail and is this mail can be an official document in court if the employee answered positively (he agreed to the condition), in the same time the e-mail did not contain the exact date of the end of the unpaid leave. Thank you in advance
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai . United Arab Emirates
Lawyer's Assistant: Has anything been filed or reported?
no official documents were provided
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I have only this question

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that according to the data contained in us in your inquiry and with reference to the Federal Labor Law regulating the nature of the contractual relationship between the worker and the employer first, yes, the employer can send the employee on unpaid leave by notifying the employee via e-mail, and with him this mail can be a document Official in the court, this is in the event that the employee agrees to this leave, and therefore the e-mail is also considered an electronic document
*** As for the lack of clarity of the date to end the leave, the worker or employee can interrupt it by agreement and consensus between them, and in the event of any problem and with the presence of the case before the court here, the court offers an amicable solution to the parties to the contractual relationship, otherwise its ruling is the decisive factor in ending the dispute as it is possible to enter into this Link and find out details
Query human resources

الرد من العميل

Thank you .

الرد من العميل

if it can be argued that a text message via e-mail is an official document for sending on unpaid leave, then if the rules of unpaid leave are not followed by the employer, namely: from the issued resolution from the ministry No. 279 from 2020. states that the employer must provide housing benefits until the employee leaves the United Arab Emirates or finds a new job. Is it possible to consider that the unpaid vacation was canceled due to the failure to comply with its requirements by the employer (all events took place since March 2020, when the ministry issued a decree on the closure of private sectors and transferring them to a remote type of work). Returning to the question of whether the email could be an official document, I want to add that the email did not contain any documents with a seal or signature, it was just a text message.

الرد من العميل

Thank you in advance

الرد من العميل

Good afternoon

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 according to what the country is going through, imposing the social distancing and implementing the emergency law to limit the spread of the krona epidemic and in accordance with Ministerial Resolution No. 279 for the year 2020, which indicated the limits of the nature of the contractual relationship to ensure the stability of the economic and commercial situation, and that the decision in its legal articles indicated the possibility of remuneration in a manner that is appropriate for the interests of both parties, as it stipulated Article (2) Establishments affected by the precautionary measures that wish to reorganize the work have to include in their procedures in agreement with the worker to limit the spread of the new Corona virus.
1- Apply working from home system
2- Grant him a paid vacation
3- Granting him leave without pay
4- Reducing the wages temporarily during the period referred to
5- Permanently reducing his wages. This is the text of the decision in Article (2).
** As for whether the electronic message via the mail is reliable in all its circumstances, and if it does not bear any signature, it is sufficient for it to be conveyed in the name of the company, especially since each company has an approved e-mail, and the burden of proof of the opposite falls on the injured

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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