إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Yes
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the Domestic Law, this is legal violation by the employer and with regard to rights, leave and salary as the law specified the working hours of the maid here provided the Domestic Workers Assistant Law provides legal protection for wages
Article (10)
The monthly wage must be paid in UAE Dirhams within a period not exceeding ten days from its due date. The Ministry may establish the system that it deems most appropriate for how and to ensure payment of the wage.
Comprehensive remuneration shall be payable to the worker from the date the worker enters the State, or from the date on which his / her status has been modified, and the performance of the comprehensive remuneration shall be established by means of a written receipt or any other means of proof established by the Ministry.
1. A worker shall have the right to a weekly rest day for a comprehensive remuneration in accordance with the Executive Regulation of this Law, and may be employed on his weekly rest day.In this case, he shall have the right to an alternate rest day or be paid in monetary equivalent to the comprehensive wage for that day.
2. The Executive Regulation of this Law shall regulate working and resting hours so that the daily rest of the worker shall not be less than twelve hours a day, provided that they shall be at least eight continuous hours.
ARTICLE (13)
1. The worker shall be entitled to an annual leave of thirty days for each year, which shall be paid before it is performed. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. The employer shall determine the date of commencement of the annual leave and may, if necessary, split it up to two periods at most. A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. The period of annual leave granted to the worker shall be included in the statutory holidays, an agreement or any other periods due to sickness if it interferes with such leave.
3. Subject to the provisions of Article (7) of this Law, a worker may, in case of renewal of the employment contract, collect the leave due to him for more than two years and collect them.
Every two years, the employer shall bear the value of the worker's ticket to and from his country of origin, or the cash allowance equal to the leave pay for the worker for two years, in addition to the value of the ticket if the worker expresses his desire to continue work and not to take leave.
5. If the employment contract expires or is terminated from one of the parties without the worker having received his annual leave, the worker shall be entitled to a cash allowance equal to his wage for the number of days of leave due to him. For the employer, in this case, the wage is calculated in its category at the time of dismissal.
ARTICLE (14)
The worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year. He shall receive it continuously or intermittently when it is proved to be necessary by a medical report issued by the official health authority in the State, and shall be calculated as follows:
1. The first fifteen days with comprehensive pay
2. The following fifteen days without pay.
Obligations of the Employer and the Worker
Thus, it is possible to go to the Ministry of Labor and submit a complaint to the employer Article (21)
1. If a dispute occurs between the parties to the contract and fails to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take such action as it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law.
Therefore, it is possible to go to the Ministry of Labor and submit a complaint and explain the matter in detail to force the employer to pay full rights and you leave work if you can prove the violation and change the employer by the Office of Recruitment and the Ministry of Labor without the requirement to obtain NOC.
Article (10)
The monthly wage must be paid in UAE Dirhams within a period not exceeding ten days from its due date. The Ministry may establish the system that it deems most appropriate for how and to ensure payment of the wage.
Comprehensive remuneration shall be payable to the worker from the date the worker enters the State, or from the date on which his / her status has been modified, and the performance of the comprehensive remuneration shall be established by means of a written receipt or any other means of proof established by the Ministry.
1. A worker shall have the right to a weekly rest day for a comprehensive remuneration in accordance with the Executive Regulation of this Law, and may be employed on his weekly rest day.In this case, he shall have the right to an alternate rest day or be paid in monetary equivalent to the comprehensive wage for that day.
2. The Executive Regulation of this Law shall regulate working and resting hours so that the daily rest of the worker shall not be less than twelve hours a day, provided that they shall be at least eight continuous hours.
ARTICLE (13)
1. The worker shall be entitled to an annual leave of thirty days for each year, which shall be paid before it is performed. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. The employer shall determine the date of commencement of the annual leave and may, if necessary, split it up to two periods at most. A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. The period of annual leave granted to the worker shall be included in the statutory holidays, an agreement or any other periods due to sickness if it interferes with such leave.
3. Subject to the provisions of Article (7) of this Law, a worker may, in case of renewal of the employment contract, collect the leave due to him for more than two years and collect them.
Every two years, the employer shall bear the value of the worker's ticket to and from his country of origin, or the cash allowance equal to the leave pay for the worker for two years, in addition to the value of the ticket if the worker expresses his desire to continue work and not to take leave.
5. If the employment contract expires or is terminated from one of the parties without the worker having received his annual leave, the worker shall be entitled to a cash allowance equal to his wage for the number of days of leave due to him. For the employer, in this case, the wage is calculated in its category at the time of dismissal.
ARTICLE (14)
The worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year. He shall receive it continuously or intermittently when it is proved to be necessary by a medical report issued by the official health authority in the State, and shall be calculated as follows:
1. The first fifteen days with comprehensive pay
2. The following fifteen days without pay.
Obligations of the Employer and the Worker
Thus, it is possible to go to the Ministry of Labor and submit a complaint to the employer Article (21)
1. If a dispute occurs between the parties to the contract and fails to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take such action as it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law.
Therefore, it is possible to go to the Ministry of Labor and submit a complaint and explain the matter in detail to force the employer to pay full rights and you leave work if you can prove the violation and change the employer by the Office of Recruitment and the Ministry of Labor without the requirement to obtain NOC.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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