Article 116 of the UAE Labour Law is a essential piece of law that outlines the rights of employees in the UAE. This article covers the termination of employment contracts and offers unique suggestions for each employers and personnel to observe. It is vital for all people operating inside the UAE to be aware about their rights and obligations beneath this regulation.
Under Article 116, an enterprise can also terminate an worker’s agreement for a valid motive, consisting of bad performance, misconduct, or redundancy. However, the agency ought to offer notice of termination to the worker and comply with the processes mentioned inside the regulation. Similarly, an employee may additionally terminate their agreement for a valid motive, such as a breach of contract with the aid of the company or risky running situations. In such cases, the worker ought to additionally comply with the strategies outlined inside the regulation.
It is crucial to observe that Article 116 of the UAE Labour Law is just one part of a broader framework of legal guidelines and rules governing employment in the UAE. Employers and personnel alike need to familiarize themselves with all applicable legal guidelines and regulations to make certain that they may be complying with their criminal responsibilities and protective their rights.
General Provisions of Article 116 UAE Labour Law
Scope of Application
Article 116 of the UAE Labour Law applies to all personnel working inside the UAE, no matter their nationality, religion, or gender. The provisions of this text cowl all types of employment contracts, such as full-time, component-time, and transient contracts.
Definitions and Terms
To higher understand the provisions of Article 116, it’s miles important to outline some of the important thing terms used in this newsletter:
- “Employee” refers to any individual who works for an enterprise in change for a income or wage.
- “Employer” refers to any person or entity who hires employees to paintings for them.
- “Salary” refers to the amount of cash paid to an worker in exchange for his or her work.
- “Wage” refers to the quantity of cash paid to an worker based on the range of hours labored.
It is critical to note that the definitions of those phrases might also range relying on the context wherein they are used within the UAE Labour Law.
Overall, Article 116 of the UAE Labour Law affords crucial fashionable provisions that apply to all personnel operating in the UAE. By know-how the scope of software and key definitions and terms used in this text, each employees and employers can make certain that they may be complying with the law and protective their rights and pastimes.
Employee Rights and Obligations
As an worker within the UAE, you have certain rights and responsibilities that are outlined in Article 116 of the UAE Labour Law. Understanding those rights and duties is important to make certain a harmonious relationship among you and your business enterprise.
Contractual Obligations
Your employment agreement outlines the terms and conditions of your employment, which include your task description, revenue, working hours, and advantages. It is essential which you examine and apprehend your settlement before signing it. You have the proper to barter the terms of your settlement before signing it, and your agency is obligated to provide you with a copy of the settlement.
Leave and Working Hours
You have the proper to take annual leave, unwell depart, and maternity depart as in line with the UAE Labour Law. Your organisation is obligated to offer you with a positive variety of days off every yr, depending in your duration of carrier. You also have the proper to paintings a maximum of 8 hours per day and forty eight hours in step with week, with a ruin of as a minimum 30 minutes after 5 consecutive hours of work.
Wages and Benefits
Your employer is obligated to pay you a revenue this is in accordance together with your employment settlement. You additionally have the right to receive end-of-provider blessings, that are calculated based in your period of service and income. Your business enterprise is likewise obligated to provide you with medical insurance, as per the UAE Labour Law.
In summary, understanding your rights and duties as an employee within the UAE is vital to make sure a effective and productive work environment. Make positive to examine and understand your employment contract, take gain of your depart entitlements, and make certain that you are receiving the appropriate revenue and benefits.
Termination and End of Service
Termination Procedures
As per Article 116 of the UAE Labour Law, termination of an employment contract may be initiated by both the agency or the worker. The termination techniques for each parties are without a doubt defined within the regulation.
If the organisation wishes to terminate the settlement, they ought to provide a valid cause for doing so, and comply with the right legal strategies. The agency should provide written be aware to the worker, mentioning the cause for termination and the attention length. The observe length need to be at least 30 days, or as consistent with the phrases of the employment contract.
If the worker wishes to terminate the contract, they need to additionally provide written note to the employer, stating the cause for termination and the attention period. The observe length have to be as a minimum 30 days, or as in keeping with the phrases of the employment contract.
End of Service Gratuity
Article 132 of the UAE Labour Law states that an employee who has completed one or more years of non-stop provider is entitled to an stop of provider gratuity. The gratuity is calculated based totally at the period of provider and the last simple earnings of the worker.
The gratuity entitlement is as follows:
- 21 days of earnings for each 12 months of service for the primary five years
- 30 days of salary for each extra yr of provider after the first five years
It is essential to observe that the gratuity calculation does no longer encompass any allowances or benefits, most effective the basic revenue.
In case of termination, the employee is entitled to receive the gratuity amount without delay. However, if the employee resigns, the gratuity quantity can be paid at the stop of the awareness duration.
Overall, it’s miles critical for both employers and employees to be privy to the termination techniques and quit of service gratuity entitlements as in keeping with the UAE Labour Law.
Dispute Resolution
Grievance Procedures
If you’ve got a dispute along with your company, the first step is to try to remedy it via the business enterprise’s internal grievance procedures. These techniques must be outlined in your employment settlement or employee manual. You might also need to raise your concerns together with your line manager or HR branch.
During the criticism system, you ought to accept the opportunity to provide an explanation for your issues and offer evidence to aid your case. Your business enterprise should also have the danger to reply to your allegations and provide proof to help their position. The goal of the grievance procedure is to remedy the dispute as quick and fairly as viable.
If you are not happy with the outcome of the internal grievance system, you could take your case to the applicable judicial authority.
Judicial Authorities
Under Article 116 of the UAE Labour Law, disputes between employers and personnel can be referred to the Ministry of Human Resources and Emiratisation (MOHRE) or to the courts. The MOHRE has some of labour workplaces throughout the UAE that address labour disputes.
If making a decision to take your case to court docket, you may need to have interaction the offerings of a legal professional. The courtroom will listen proof from both sides and make a selection based totally on the information of the case. It is crucial to be aware that courtroom lawsuits may be prolonged and high-priced, so it’s far constantly really helpful to try to clear up disputes thru the inner grievance techniques first.
In conclusion, if you have a dispute along with your company, it’s far important to comply with the organisation’s inner grievance approaches and try to clear up the difficulty as fast and pretty as feasible. If this isn’t a hit, you can take your case to the MOHRE or to court.
Regulatory Framework
Under the UAE Labour Law, Article 116 mandates that employers need to provide their personnel with a safe and wholesome running surroundings. The regulatory framework for this article is outlined inside the regulation, which includes amendments, revisions, enforcement, and penalties.
Amendments and Revisions
The UAE Labour Law has gone through several amendments and revisions to make certain that it is up-to-date with contemporary labour practices and policies. The most latest amendment to the regulation turned into in 2016, which added changes to the gratuity payment device and the running hours of personnel at some point of Ramadan.
Enforcement and Penalties
The Ministry of Human Resources and Emiratisation (MOHRE) is chargeable for implementing the UAE Labour Law. Employers who violate Article 116 and fail to offer a safe and healthy working surroundings for his or her employees may face consequences, which includes fines and imprisonment.
In addition, personnel have the proper to record a grievance with the MOHRE in the event that they experience that their company isn’t always offering a safe and wholesome running environment. The MOHRE will look at the grievance and take suitable movement against the corporation if necessary.
Overall, the regulatory framework for Article 116 of the UAE Labour Law is clear and nicely-defined. Employers have to make sure that they comply with the regulation to avoid consequences and keep a safe and healthy running environment for their personnel.
Frequently Asked Questions:
What does Article 116 of the UAE Labour Law cover?
A1. Article 116 of the UAE Labour Law governs the termination procedures and provisions for both employers and employees, including valid reasons for termination, notice periods, and compliance with legal procedures.
Who does Article 116 of the UAE Labour Law apply to?
A2. Article 116 of the UAE Labour Law applies to all employees working in the UAE, irrespective of their nationality, religion, or gender, and covers various types of employment contracts.
What are some key definitions mentioned in Article 116?
A3. Some key definitions in Article 116 include “employee” (anyone working for an employer for a salary or wage), “employer” (any individual or entity hiring employees), “salary” (payment for work), and “wage” (payment based on hours worked).
What are an employee’s rights and obligations according to Article 116?
A4. Employees have rights such as leave entitlements, working hour limits, and entitlement to proper wages and benefits. They also have the obligation to understand and comply with their employment contracts.
How are disputes between employers and employees resolved under Article 116?
A5. Disputes should first be addressed through the employer’s internal grievance procedures. If unresolved, they can be referred to the Ministry of Human Resources and Emiratisation (MOHRE) or to the courts for further resolution.
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