إسأل Lawyer الآن

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Dear Mohammed, I would like to know about gender...

تم تقييم هذه الإجابة:
Dear Mohammed, I would like to know about gender discrimination at the workplace in Dubai under DDA. I worked for a multinational IT company as an office manager in 2018 till April 2021 and I have been denied a job promotion ever since 2018. They have restructured the organization and put in my place a male colleague who was given the same position but at a higher salary and job level. I am still working for the same company under the title of Executive Assistant but I feel I was treated poorly as I am a woman. Can the uae law protect me to get back my lost rights? Would it be easy if I have all the proofs of my past requests to promote me according to my job responsibilities but those have not been addressed. Thanks in advance, Salam

إطرح سؤالك

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that, according to the data provided to us in your inquiry, and in accordance with the Federal Civil Transactions Law, as well as the Civil Procedures Law, from a legal point of view, discrimination is not permissible. Here, the seniority and experience of the employee is taken into account when he is promoted. Therefore, if the structure is restructured to work from you, another employee with a higher degree is appointed with him. Promotion: An objection to this may be submitted before the employer, taking into account the administrative hierarchy at work.
If the response is not met, you can then resort to the administrative court for jurisdiction, since the decision to promote or not is within the jurisdiction of this court, and the employer or its legal representative can be litigated to obtain your just legal claims under a court ruling.

الرد من العميل

Thanks a lot Advicate Waleed Al-Helo. My employer without any valid reason just removed me from my job after 3 yrs spending there, assigned me to another manager and got the accountant to take it over ( although he has no clue on the office manager job). so I did the transition to him and then knew that he was given a higher job code than mine which I had been requesting for from 2018. Cannot explain everything here but can we meet? Thanks in advance, Salam

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

With the utmost respect and appreciation to you. First, it must be explained to you that the scope of our work and the provision of legal services electronically, with no one to be able to delegate due to the nature of electronic work, but in the event that your work is terminated without a legal justification, it is considered an unfair dismissal that obliges the employer to pay compensation according to the labor law of the Union
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
*** Therefore, the complaint can be submitted before the Labor Office, and if it is unable to end the dispute, it can be resorted to the Labor Court

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
المحادثات تتم ضمن هذه البنود

في الأخبار