إسأل محامي الآن
المحامي وليد الحلو
محامي
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
محامي
Hi, good morning i want to know about labour law...
Hi, good morning i want to know about labour law of UAE in hotels and restaurants working times and breaks in a day
إطرح سؤالك
إجابة الخبير: المحامي وليد الحلو
المحامي وليد الحلو
محامي
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform that all of the above is considered contrary to the Labor Law and the Employment Contract specify the law for working hours:
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (66)
The daily working hours shall be organized so that the worker shall not work more than five consecutive hours without periods of rest, food and prayer not less than a total of one hour. These periods shall not be included in the calculation of working hours.
In the factories and laboratories where the work is on successive cohorts at night and day or in work where it is imperative for technical and economic reasons to continue work without stopping, the Minister shall regulate by decision how to grant workers rest periods, food and prayer.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
Article (69)
Actual overtime hours may not exceed two hours per day unless work is required to prevent, eliminate or mitigate serious loss or serious accident.
Article (70)
Friday is the normal weekly rest day for all workers except for day laborers. If circumstances require the worker to work on that day, he shall be compensated for another day of rest or to be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.
So we advise you to file a complaint in the Labor Office and explain the matter in detail and in the event of proof of the violation can then leave the work without forcing you to pay any compensation to the employer as a result of leaving the work and without notice to them while you retain all the rights of the workers. You also have to hire a lawyer to handle the complaint procedures and following.
We would like to inform you that according to the UAE Labor Law which is applied in all areas including Free Zone, for leaves and allowances is calculated according to the basic salary if the work finished, but if the worker is still working then it is according to the total salary including allowances and bonuses.
As below articles state:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than: 1. Two days a month, where the worker’s period of service is more than six months but less than one year. 2. 30 days a year, where the worker’s period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
Article 78
Each worker shall be entitled to his basic wage and the housing allowance, if applicable, in respect of his days of annual leave. Where it was imperative for the work interest to put a worker on duty during all or part of his annual leave, and if the leave days on which he worked were not carried forward to the following year, the employer shall pay him his normal wage plus an allowance in lieu of leave, for the actually worked days, calculated on the basis of his basic wage. In no case shall a worker be made to work during his annual leave more than once in two successive years.
Article 79
A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article 81
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his employer shall pay him 150 per cent of his basic wage in respect of the days worked.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (66)
The daily working hours shall be organized so that the worker shall not work more than five consecutive hours without periods of rest, food and prayer not less than a total of one hour. These periods shall not be included in the calculation of working hours.
In the factories and laboratories where the work is on successive cohorts at night and day or in work where it is imperative for technical and economic reasons to continue work without stopping, the Minister shall regulate by decision how to grant workers rest periods, food and prayer.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
Article (69)
Actual overtime hours may not exceed two hours per day unless work is required to prevent, eliminate or mitigate serious loss or serious accident.
Article (70)
Friday is the normal weekly rest day for all workers except for day laborers. If circumstances require the worker to work on that day, he shall be compensated for another day of rest or to be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.
So we advise you to file a complaint in the Labor Office and explain the matter in detail and in the event of proof of the violation can then leave the work without forcing you to pay any compensation to the employer as a result of leaving the work and without notice to them while you retain all the rights of the workers. You also have to hire a lawyer to handle the complaint procedures and following.
We would like to inform you that according to the UAE Labor Law which is applied in all areas including Free Zone, for leaves and allowances is calculated according to the basic salary if the work finished, but if the worker is still working then it is according to the total salary including allowances and bonuses.
As below articles state:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than: 1. Two days a month, where the worker’s period of service is more than six months but less than one year. 2. 30 days a year, where the worker’s period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
Article 78
Each worker shall be entitled to his basic wage and the housing allowance, if applicable, in respect of his days of annual leave. Where it was imperative for the work interest to put a worker on duty during all or part of his annual leave, and if the leave days on which he worked were not carried forward to the following year, the employer shall pay him his normal wage plus an allowance in lieu of leave, for the actually worked days, calculated on the basis of his basic wage. In no case shall a worker be made to work during his annual leave more than once in two successive years.
Article 79
A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article 81
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his employer shall pay him 150 per cent of his basic wage in respect of the days worked.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
إسأل محامي
المحامي وليد الحلو
محامي
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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