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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Urgent! Please I'm Oppong Janet, I'm Ghanaian, I...

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Urgent! Please I'm Oppong Janet, I'm Ghanaian, I have been working as a domestic helper under Tadbeer company in Ajman for 1 year 6 month now, I'm sick and admitted at Rashid hospital in Dubai, on 8th of April 2022 till 18th April. I have been Discharged 6days ago, but Tadbeer has not been here to check on me, Tadbeer is my Sponsor, now they must pay my hospital bills, but they have refused to do so. Now I'm still in the hospital with no help. Again, Tadbeer has hung up my salary, now I can't redraw my money 😥, please help me. Now I want them to come n clear my hospital bills and also. Give back my salary. Please help me 🙏

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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 the Domestic Law, you can go to the Ministry of Labor and submit a complaint of not receiving salaries, which provided the legal protection since it has not been paid, in addition to working abroad is considered a justification for leaving work after submitting the complaint and proving it.
Article 6
The employer is obliged to conclude a contract of employment with the worker in accordance with the approved form of the ministry, provided that the contract is written in four copies, one of which is delivered to the worker and the other to the employer and the third deposited with the recruitment office and the fourth with the ministry.
In all cases, the parties to the contract may prove any additional conditions in an extension contract.
Article (7)
The contract of employment shall include the names of the parties, the place of work, the date of its conclusion, the date of commencement of employment, the type and length of the contract, the amount of the total wage, the method of payment, the permitted leave of the worker, the period of experience, the rest periods and the conditions that may result in the termination of the contract, Other conditions required by the nature of the work, and are contained in the contract form approved by the Ministry.
In all cases, the duration of the first contract shall not exceed two years and may be renewed for other periods by mutual agreemen
Article (8)
The right to claim any of the rights arising under the provisions of this Law after six months from the date of termination of the employment relationship shall not be heard at the time of denial.
Article (9)
The worker shall be tested for six months from the date of receiving the work.
Article (10)
The monthly wage shall be paid in UAE Dirham within a period not exceeding ten days from the date of entitlement. The Ministry may lay down the system which it deems appropriate for how and to ensure payment of remuneration.
The total remuneration of the worker shall be due from the date of entry of the worker to the State, or from the date of the modification of his status. The performance of the comprehensive wage shall be determined by written receipt or other means of proof determined by the Ministry.
Article (11)
1. The total wage of the worker shall be deducted from what is necessary for the fulfillment of the debts in implementation of a court order and not exceeding one quarter of the total wage
2. If the worker commits an act to the detriment of the employer by the loss or destruction of the tools, machines, products or materials owned by the latter, or that is in the custody of the worker or at his disposal, whenever this is due to the mistake of the worker or the violation of instructions, In this case, with the consent of the worker, and with the consent of the relevant authority in the Ministry, if the worker does not agree, a lump sum shall be deducted from the comprehensive wage, and not exceeding a quarter, which is necessary for reparation as estimated by the Ministry. If the conciliation is not approved, To the judiciary.
3. In all cases, the termination benefit may be deducted from the end of service benefit if it is not possible to withhold the wage to pay the fixed amounts due to the worker
Article (15)
The employer shall abide by the obligations stipulated in the contract of employment and its annexes, in addition to the following:
1. Provide the required work performance requirements
2. Creating a decent place to live the worker.
3. Provide the worker with meals and clothing suitable for the performance of the work as long as he works full-time and not the temporary operating system, unless otherwise agreed.
4. To bear the cost of medical treatment for the worker in accordance with the health system in force in the State
5. Treatment of the worker as a good treatment to preserve his dignity and integrity of his body.
6. The worker shall not be employed by third parties except in accordance with the conditions and conditions stipulated in the executive regulations of this law. And not to employ any worker unless he is licensed to work in accordance with the provisions of this law and its executive regulations.
7. Payment of the necessary compensation resulting from occupational injuries and occupational diseases in accordance with the compensation schedules attached to the Law on the Regulation of Labor Relations in force, unless the insurance company pays such compensation.
8. The worker shall not be employed in a profession that is different from the nature of his work, except in his consent and provided that he is one of the professions covered by this law.
9. Guaranteeing the worker's right to keep his / her own identity documents.
10. Grant the heirs of the deceased worker during the service the comprehensive wage for the month in which he died, and any other entitlements to the worker.
11. He shall not charge, by himself or by his intermediaries, any sums or any remuneration, unless provided for in this Law, by the Regulations or by the contract form approved by the Ministry.
12. To notify the Ministry of any breach of the worker by the provisions of the applicable legal regulations, and the employer shall comply with what the Ministry requires in these cases.
Article (23)
1. Either party to the contract of employment may terminate 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 equivalent to one month's comprehensive pay, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the trial period, the worker shall bear the expenses of his return to his country, in addition to payment of compensation to the employer equivalent to the comprehensive wage for one month and any other entitlements to the employer in respect of the worker and any other damages that may be decided by the court.
4. In all cases of termination of employment relationship shall be for the Ministry authority to grant a worker a new work permit or not to grant it in accordance with the rules it determines in this regard, and taking into account the provisions in force in the State.
Article (24)
All sums due to the worker or to his heirs under the provisions of this law shall be a concession on all the movable property and real estate of the employer and shall be paid directly after the amounts due to the General Treasury and the legal maintenance.
Article (25)
In all cases of termination of the employment relationship, the employer shall not be liable for the expenses of returning the worker to his country if the worker joins another work, as set out in the executive regulations of this law..
***Therefore, the complaint can be submitted to the Ministry of Labor, and it is believed that the employer is the one who bears the costs of treatment and related expenses, and for the purposes of obligating the employer with them.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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