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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
What are the rules for house maids and the boss in...
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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It should be noted that after reviewing your inquiry and legal scrutiny we would like to providethat there is no minimum salary limit
But the Employment Law provides that the salary shall be according to the agreement with the employer according to the Domestic law
Article (5)
1. A contract, modeled on the unified standard contract mandated by the Ministry, shall be entered into by the recruitment agency and the employer that sets out the obligations related to the worker’s recruitment. This contract shall include in particular the following:
a. The profile and qualifications that the employer expects of the worker to be recruited by the agency.
b. The basic rights and privileges that the employer commits to honor, notably as they relate to the type of work and the total wage.
c. The financial commitments by the employer that relate to the worker’s travel from his/her home country to UAE, the compensation due to the agency in return for its services, etc. The Minister or his representative are empowered to decree the terms and value of this compensation.
d. The time-frame for completing the worker’s deployment procedures.
2. In case the recruitment agency fails to comply with the provisions of the contract that are mentioned in clause (1) of this article, the employer is entitled to decline to employ the recruited worker. Notification by the employer of the decision not to employ the worker shall be made in writing and the provisions of article 4/4 of this law shall apply, without prejudice to the employer’s right to seek from the recruitment agency the payment of a compensation for any damage incurred due to the violation of the terms of the contract .
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)
The total wage of the worker shall be deducted from the total wage required for the fulfillment of the debts in implementation of a judicial decision and not exceeding one quarter of the total wage.
UAE domestic labor law stipulates in its articles,
Article (12)
- The worker shall have the right to a paid weekly day off in accordance with the executive regulations of this law. He / she may be employed to work on his / her weekly day off, in which case he /she shall have the right to an alternative day off or a cash allowance equal to full wage for that day.
- The executive regulations of this law shall regulate working and rest times, so that the daily off period of the worker shall not be less than twelve hours per day, provided that at least eight consecutive hours.
Article (13)
- The worker is entitled to annual leave of 30 days on each year, and shall be paid before the date of employment. If the period of service is less than one year and more than six months, he / she shall be entitled to two days leave for each month. If the working conditions require that the worker be employed during all or some of his annual leave, and the period of leave during which he / she worked during the following year is not transferred, the employer shall pay the worker his / her wages plus a leave allowance for his / her working days equal to his basic wage. In all cases, the worker may not be assigned to work during his / her annual leave more than once during two consecutive years.
- It shall enter into account the period of annual leave given to the worker on the holidays stipulated by law, agreement or any other periods due to sickness if they are entered in such leave.
- without prejudice to the provisions of Article (7) of this Law, in case of renewing the employment contract, the worker may collect the due leave days for more than two years and get it once..
- The employer shall afford the expenses of the worker's ticket to and return from his / her country every two years, or cash allowance equal to two-years pay for the worker, in addition to a ticket if the worker shows his desire to continue the work and not to take a leave.
- If the employment contract is terminated or has been terminated by one of its parties without the employee having gotten his / her annual leave, the worker is entitled to an allowance equal to the number of leave days he / she deserves. The wage shall be calculated in its category at the time of the leave, unless the reasons of not taking the leave is caused by the employer, then the wage shall be calculated, in this case, by its category at the time of delivering to the worker.
Article (14)
The worker shall have the right to a sick leave for a period no more than thirty days in the contractual year, and shall be taken intermittently. That is to say, whenever it is proved necessary by a medical report issued by the health authority official and accredited in the country.
to be calculated as follows.
- The first fifteen days with full pay
- The next fifteen days without pay.
Any obligations of employer and employee.
Article 15
The employer should also do the following for the domestic-service worker:
- Provide the needed for work performance.
- Providing a decent place to live the worker.
- Provide the worker's needs of meals and assigned clothes for the performance of work as long as he/she works full-time and not on temporary laborer system, unless otherwise was agreed.
- To afford the costs of medical treatment for the worker according to the health system in the country.
- Dealing with the worker in an appropriate manner preserves his dignity and the safety of his body.
- The worker shall not be employed by third parties except in accordance with the conditions and regulations stipulated in the executive regulations of this law. And shall not employ any worker unless the worker is licensed to work in match with the provisions of this law and its executive regulations.
- Paying all the necessary compensation resulting from work injuries and diseases in accordance with the compensation regulators annexed to the Law on the Regulation of Labor Relationships in effect, unless the insurance company pays such compensation.
- The worker shall not be hired for working in a profession which is different from this/her specialty, except upon his/her consent and provided that it must be among the professions covered by this law.
- Ensuring that the worker re-gains all his/her own ID documents.
- Provide the heirs of the dead worker during service the full wage for the month in which he/she died, and any other entitlements for the worker.
- He/she shall not charge himself or through any mediator from the worker any amounts or any entitlements, unless stated in this law or in the executive regulations or in the contract letter approved by the Ministry.
- To notify the Ministry of any breach by the worker of the provisions of the applicable legal systems. As, the employer must comply with what the Ministry requires in these cases
Article (26)
A worker who has completed one or more years of continuous service shall be entitled to end of service benefits at the end of his/her service. Leave days are not included in the benefits.
Benefits shall be calculated on the basis of 14 days' wages on each the year of service, paid at the end of the contract, and it can be renewed with the contract's renewal.
The worker shall be paid for the fractions of the recent year at work equal to the number of working days, provided that he/she shall be completed one year of continuous serviceإسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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