Some employees doesn\’t discern their rights upon the termination of their employment contracts; therefore, the labor law needs to be rigorously considered.
Cases filed by employees or their beneficiaries under this law shall be exempted from court fees upto AED 100,000 claim at all stages of litigation and execution and shall be expeditiously heard.
This text shall elaborate on the duties of the employers concerning registration of employees and therefore the rights of the employees once the termination of their labor contracts within the UAE occur.
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Employment relations within the non-public sector in the UAE are ruled and controlled by Federal Law No. 8 on Regulation of Labor Relations of 1980.
The Labor Law is protecting of employees generally and supersedes conflicting provisions in the written agreements unless they\’re in favor to the employee.
It is vital to notice that any provision of the contract is invalid if it either contradicts the UAE labor law or conflicts with the general public interest. These provisions will relate to institution of probation period, gratuity, notice period, pay or to any penalty applied to the employee. According to the Federal Law No.8 of the year 1980, probation period cannot exceed six months.
The Labor Law provides right to the employees, that is complete to be followed by the employers. According to the Labor Law, once an employee’s contract is terminated, he has the following rights:
- Get his/her unpaid salary;
- Get charges for further hours of work;
- Have annual leave;
- Get gratuity (21 days basic remuneration for each year of the primary 5 years of service and one month any year after.);
- Get an air ticket;
- Notice period salary; and
- Get compensation for unfair dismissal (with a most of 3 months, however this era may be even a lot of if it\’s not mentioned within the contract).
Along with these seven rights, there may be other rights that are enclosed within the contract.
However, if the termination happens at intervals the probation period, which might be six months or less, the worker won\’t have the right to assert the rights mentioned above. He can solely be entitled to unpaid salary, charges for further hours of work, and air ticket.
How to assert the Rights?
It is very important for the employees to have or had work permit to make any application to the UAE labor authorities and/or company sponsorship. Otherwise, UAE Labor Authorities won\’t consider a matter
Federal law no. (8) of 1980 regulate labor relations in UAE.
According to article (2) of federal law No. (8) of 1980, only Arabic language has to be used in all the records and documents. If any other language besides Arabic language is used, Arabic language shall prevail over other texts.
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