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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
How are you . Im a domestic worker housemaid and...
How are you . Im a domestic worker housemaid and im not happy with where im currently working no days off no paid overtime 16hrs or 17hr working. My 6months is due on 3April so i wanted to resign and give my employer 1month notice because she is holding my passport so my worry now is she might refuse to give me back since she paid money to my former employer. I now want to look for another job which is more flexible interms of resting and the salary and suitable hours . I didnt sign a contract she refused to show me saying my contract doesnt allow me to have an off day. How best can you help in this situation
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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 labor law in the UAE, the employer can terminate the work of the maid, as Article (16) of the law stipulates that the worker shall abide by the obligations mentioned in the labor contract in addition to the following:
Article (16)
The Employee shall abide by the obligations contained in the contract of employment in addition to the following:
1. The performance of the work itself, according to the direction and supervision of the employer, and according to the contract, and to do the necessary care, and not to stop working without an acceptable excuse
2. To observe the customs and traditions of society and to abide by public morals
3. To comply with the orders of the employer for the implementation of the agreed work unless such orders violate the contract, law, public order, public morals, or jeopardize it or legal accountability.
4. Preserving the employer's property, work tools and everything in his custody, or at his disposal, taking care of it and taking all necessary measures for its preservation and safety.
5. Respect for privacy and not to disclose the secrets that he is aware of by virtue of his work even after it has ended.
6. Not to use work tools outside the workplace without the consent of the employer and keep these tools in the places assigned to them
7. Providing necessary assistance and assistance in the event of disasters and threats to the place of work or the safety of those present therein.
8. Works under any form except in accordance with a work permit issued by the Ministry and in accordance with the terms of this permit.
9. Notify the Ministry in case of change of residence in the work permit within a period of time not exceeding seven days from the date of change
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.
3. The case shall not be accepted before the competent court before following the procedures stipulated in this law and its executive regulations.
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
** So you can go to the Ministry of Labor and file a complaint against the maid, explain the matter in detail, and request to cancel the visa
Article (16)
The Employee shall abide by the obligations contained in the contract of employment in addition to the following:
1. The performance of the work itself, according to the direction and supervision of the employer, and according to the contract, and to do the necessary care, and not to stop working without an acceptable excuse
2. To observe the customs and traditions of society and to abide by public morals
3. To comply with the orders of the employer for the implementation of the agreed work unless such orders violate the contract, law, public order, public morals, or jeopardize it or legal accountability.
4. Preserving the employer's property, work tools and everything in his custody, or at his disposal, taking care of it and taking all necessary measures for its preservation and safety.
5. Respect for privacy and not to disclose the secrets that he is aware of by virtue of his work even after it has ended.
6. Not to use work tools outside the workplace without the consent of the employer and keep these tools in the places assigned to them
7. Providing necessary assistance and assistance in the event of disasters and threats to the place of work or the safety of those present therein.
8. Works under any form except in accordance with a work permit issued by the Ministry and in accordance with the terms of this permit.
9. Notify the Ministry in case of change of residence in the work permit within a period of time not exceeding seven days from the date of change
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.
3. The case shall not be accepted before the competent court before following the procedures stipulated in this law and its executive regulations.
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
** So you can go to the Ministry of Labor and file a complaint against the maid, explain the matter in detail, and request to cancel the visa
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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