Many people are unaware of the fact that employees need to know their rights before moving to Dubai. This is especially the case since they are moving into a country, and it takes some time to get used to how things progress. Quite often, it takes some time to process the change and become aware of the things, but usually, it gets too late by that time. Later they get to know the value and worth of some clauses like article 121 of the law to help them with the process.
However, it is never too late to learn and become equipped with the information. The following article will go over the responsibilities of employers in regards to employee registration and the rights of employees when in the UAE. Read ahead to know more:
Governing Work Laws
In general, all foreign employees seeking to work in Dubai must be hired by a licensed company. They must have an entry permit for employment purposes, a work permit, and a Dubai residence visa issued to them. Employment relations in the private sector in Dubai are governed and regulated by Federal Law No. 8 of 1980, which regulates labour relations. Employing foreign workers in Dubai necessitates the completion of administrative procedures such as obtaining a residence visa.
The employer is required by article 13 of the Labor Law to obtain permission and/or company sponsorship from the Ministry of Labor. This becomes necessary if the employee does not have a work permit and/or company sponsorship. Employees, therefore, need to become aware of these promptly.
In terms of the probation period, it’s worth noting that any provisions of the employment contract are null and void if they conflict in any way with the public interest or UAE labor law. These provisions may pertain to the duration of the probationary period or any penalties imposed on the employee. Furthermore, according to Federal Law No. 8 of 1980, an employee’s probation period cannot exceed six months.
After the completion of the probation period, their work nature will translate into a job. This remains a beneficial and promising term for the employees to keep their growth and success alive.
The employee has seven rights under the Dubai Labor Code, which the employer must consider when terminating the employment contract. As a result, the employee has the following rights when his or her employment contract is terminated:
- The right to receive any unpaid wages
- Get compensation for overtime work
- Receive compensation for unfair dismissal
- Receive an air ticket
- Grant gratuity
- To receive a notice period salary
- Avail annual leave
All of these aim at making the employee feel their value and worth. It helps them understand their rights and responsibilities, and deliver them on time.
Additional rights, such as commissions and bonuses, can be agreed upon when the employment contract is signed. However, if the employment contract is terminated within the 6-month probation period or less, and depending on the contract, the employee will only be entitled to unpaid salary and will not be able to claim the above-mentioned rights.
Claiming the Rights
It is important to note that an employee must have a work permit and/or company sponsorship to apply to the Dubai Labor Authorities for any employment matter. The Labor Authorities will not deal with the case unless these are provided. The employee will get assistance in claiming the rightful rights only when the paperwork is complete and in place.
With a basic understanding of the Dubai Labor Code, one might wonder why the procedures listed above are required. Indeed, it is a crucial requirement of the Labor Code, and filing a claim with these labor authorities aids in the resolution of a large number of disputes between employers and employees. Furthermore, such procedures save time and reduce the number of cases that are brought before the Labor Courts. Furthermore, filing a claim with the Dubai-UAE labor authorities is free of charge, and an additional benefit of this procedure.
In all, these are just some of the things that the employees need to be aware of when moving to Dubai for employment opportunities. However, if they ever feel the need to take some assistance, they can get in contact with the lawyers. These expert people range from employment lawyers to real estate lawyers Dubai. So whatever concerns you might have, make sure to get the right help on time!