"I'm a Funding Strategist and Legal Expert specializing in project funding across the UAE and Saudi Arabia. As the Founder of Bucks Capital & FinMaag, I help clients secure international capital via Venture Capital, Debt Finance, and Real Estate. My legal background (Calicut Law College Alumnus) ensures every deal is robust and legally sound."
Sunday, March 7, 2010
Dubai Labour Law Article 122 -Employer may dismiss a worker without notice
1. assumes a false identity or nationality or submits forged certificates or documents
2. is engaged on probation and is dismissed during or at the end of the probationary period
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within one week of his becoming aware of its occurrence
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place.
5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated
6. reveals any confidential information of his employer
7. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours
8. Assaults the employer, the manager in charge or any of his workmates during working hours
9. Absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.
or
10. Starts a work stoppage, or instigates or participates in such acts.
Save for in the case cited in item (2) of this Law, the worker’s employment permit shall be cancelled and he shall be banned from working within the State for at least one year in implementation of Article 16 of this Law.
"Mohandas Kattungal, BA LLB As a Funding Strategist and Legal Expert, I specialize in navigating the complex landscapes of project funding across the UAE and Saudi Arabia. I am the Founder of Bucks Capital & FinMaag, where I advise clients on securing international capital through Venture Capital, Debt Finance, and Real Estate mechanisms. My background as a Calicut Law College Alumnus ensures a robust, legally sound approach to every deal.
Thursday, March 4, 2010
Find out Visa validity of your Dubai visit visa, resident visa online
https://www.ednrd.ae/portal/pls/portal/INIMM_DB.DBPK_VISAVALIDITY.Query_VisaValidity
Please note that Extension for Tourist Visa can only be applied online IF there is NO overstaying sponsored person on the Establishment
"Mohandas Kattungal, BA LLB As a Funding Strategist and Legal Expert, I specialize in navigating the complex landscapes of project funding across the UAE and Saudi Arabia. I am the Founder of Bucks Capital & FinMaag, where I advise clients on securing international capital through Venture Capital, Debt Finance, and Real Estate mechanisms. My background as a Calicut Law College Alumnus ensures a robust, legally sound approach to every deal.
Tuesday, March 2, 2010
Transit Visa - Dubai
"Mohandas Kattungal, BA LLB As a Funding Strategist and Legal Expert, I specialize in navigating the complex landscapes of project funding across the UAE and Saudi Arabia. I am the Founder of Bucks Capital & FinMaag, where I advise clients on securing international capital through Venture Capital, Debt Finance, and Real Estate mechanisms. My background as a Calicut Law College Alumnus ensures a robust, legally sound approach to every deal.
Dubai Labour law- Workers' rights and limited contracts
Employment relationships in Dubai and the wider UAE are
governed by the Federal Decree-Law No. 33 of 2021 on the Regulation of
Labour Relations in the Private Sector (the UAE Labour Law), which became
fully effective in 2022.
The new law primarily focuses on limited-term
(fixed-term) contracts, as it abolished the concept of new unlimited
contracts.
Here is a summary of workers' rights and key provisions
relating to limited contracts:
📅
Limited (Fixed-Term) Contracts
Limited contracts have a defined start and end date. Under
the new law:
- Maximum
Duration: A limited contract can be for a term of
up to three years, and it can be renewed for a similar or shorter
period upon mutual agreement.
- Essential
Details: The contract must clearly specify the
start date, end date, nature of work, workplace, and the amount of
remuneration (salary and allowances).
⚖️ Key
Workers' Rights and Entitlements
Workers under limited contracts are entitled to several
fundamental rights:
1. Working Hours, Overtime, and Rest
- Normal
Hours: Maximum of 8 hours per day or 48
hours per week.
- Overtime
Compensation: Employees are entitled to an additional
payment of at least 25% of their basic wage for overtime. This
increases to 50% for work performed between 10 p.m. and 4 a.m.
(with exceptions for certain roles).
- Weekly
Rest: A minimum of one paid rest day per week, usually
Friday or Saturday.
2. Leave Entitlements
- Annual
Leave (Full Pay):
- 30
days per year after completing one year of service.
- 2
days per month if service is over six months but less
than one year.
- Maternity
Leave: 60 calendar days in total: the
first 45 days at full pay, and the remaining 15 days at half pay.
- Parental
Leave: 5 working days for both male and
female employees, to be taken within six months of the child's birth.
- Sick
Leave: Up to 90 days per year, with
payment calculated as:
- First
15 days: Full pay
- Next
30 days: Half pay
- Remaining
days: Unpaid
3. End-of-Service Gratuity (Severance Pay)
For foreign workers who have completed one year or more of
continuous service, the gratuity is calculated based on the basic wage
as follows:
- 21
days' basic pay for each of the first five years of
service.
- 30
days' basic pay for each subsequent year.
- The
total gratuity must not exceed two years' pay.
🚫 Early
Termination and Compensation
Terminating a limited contract before its expiry date can
result in financial liabilities for the party who initiates the termination
without a "legitimate reason."
If the Employer Terminates Early (Without a
valid legal cause):
- The
employer must provide a written notice of 30 to 90 days (as
agreed in the contract).
- The
employee is entitled to "Early Termination Compensation"
of at least three months' remuneration (salary and allowances), or
the remaining period of the contract, whichever is less.
- The
employee is also entitled to all other final benefits, such as gratuity
and unused annual leave pay.
If the Employee Resigns Early (Without a valid
legal cause):
- The
employee must provide a written notice of 30 to 90 days (as
agreed in the contract).
- The
employee may be liable to pay the employer "Early Termination
Compensation." This compensation is calculated as half of three
months' remuneration, or half of the remuneration for the remaining
contract period, whichever is less.
Termination During Probation
The probation period cannot exceed six months.
- Employer
terminates: Requires 14 days' written notice.
- Employee
terminates to leave UAE: Requires 14 days'
written notice.
- Employee
terminates to join another UAE employer: Requires one
month's written notice. The new employer may be required to compensate
the previous employer for recruitment costs.
⚠️
Protection and Dispute Resolution
- Anti-Discrimination: The
law prohibits discrimination based on race, color, sex, religion, national
origin, social origin, or disability.
- Equal
Pay: Women must be paid a wage equal to a man's wage if
they perform the same work or work of equal value.
- Final
Settlement: The employer must pay all final
entitlements (including gratuity, notice pay, and unused leave) within 14
days of the end of the contract.
- Labour
Complaints: Workers can file a complaint with the Ministry
of Human Resources and Emiratisation (MoHRE) if they feel their rights
have been violated. Litigation fees for claims less than AED 100,000 are
often exempt for workers.
The old law (Federal Law No. 8 of 1980) was completely repealed and replaced by the Federal Decree-Law No. 33 of 2021 (the New Labour Law), effective February 2, 2022. This wasn't just an amendment; it was a fundamental overhaul.
1. 🛑 The Old Rule on
Gratuity Forfeiture (Questions 3 & 4)
The advice given about end-of-service gratuity for a limited
contract resignation is INCORRECT under the current 2021 law.
|
Old/Incorrect Content (Remove) |
Correct Rule Under Decree-Law No. 33 of 2021 |
|
"The Labour Law does not entitle a worker who was
working under contract for limited period to claim end-of-service if the
worker himself broke the contract." (From the Answer) |
A worker is always entitled to their full
End-of-Service Gratuity (EOSG) upon completion of one year of service,
regardless of the cause of termination, including resignation from a
limited contract. The new law abolished the old penalty-based
reduction/forfeiture for limited-term contracts. |
|
"He refused to give me my end-of-service
gratuity." (Employer's Claim) |
This claim is illegal. If you have completed more than
three years of continuous service, you are entitled to the full EOSG (21
days' basic pay for each year). |
Action: Replace this section with the correct
entitlement: The worker is fully entitled to their end-of-service
gratuity based on their years of service and last basic wage.
2. 🛑 The Old Rule on
Compensation for Early Resignation (Questions 6, 7, 8, 9, 10)
The FAQ section still refers to the old compensation formula
for the employee breaking a limited contract.
|
Old/Incorrect Content (Remove) |
Correct Rule Under Decree-Law No. 33 of 2021 (Article
43 & 51) |
|
"The worker shall compensate the employer an
amount equivalent to 45 days’ salary if the employer can prove the
damages." (From the Answer) |
The compensation calculation has fundamentally changed
under the new law. The employee is obligated to serve the 30-90 day
contractual notice period. |
|
"Worker should by 45 day from his total salary or
the residual period of the contract whichever is shorter." (Question
6 & 9) |
If the employee fails to serve the required Notice
Period (30 to 90 days), they must pay the employer a "Notice
Allowance" equal to their salary for the unserved portion of the
notice period. |
|
"As for the limited contracts, there is no one
month of notice…" (Question 8) |
This is incorrect. The new law mandates that either
party can terminate a limited contract with a written notice period of 30
to 90 days (as per contract), provided there is a legitimate reason.
The 30-day minimum notice applies to all contracts now. |
Action: Replace the old Article (116) concept with
the requirement for 30-90 days' notice. The primary liability is for
failure to serve this notice, not an automatic compensation for breaking the
limited contract (unless the contract requires a longer notice period or the
termination is found to be without a legitimate cause).
🔑 Summary of Your Rights
Here is how your situation is legally governed under the
current 2021 law:
|
Issue |
Employer's Claim |
Current UAE Labour Law (2021) |
|
End-of-Service Gratuity |
Refused to give gratuity. |
Illegal. You are fully entitled to your EOSG
for 3+ years of service. |
|
Deduction (45 days' salary) |
Deducted 45 days' salary for breaking the limited
contract. |
Illegal Deduction. The only legal deduction for
resignation is compensation for the unserved portion of the 30-90 day
contractual notice period. |
|
Ban/Sponsorship Transfer |
May prevent transfer (ban). |
Obsolete. No-objection certificates (NOCs) and
automatic bans for breaking a limited contract have been largely abolished.
You can generally transfer immediately upon successful termination (serving
notice and paying any due compensation). |
You should file a complaint with the Ministry of Human
Resources and Emiratisation (MoHRE) against the employer for illegally
withholding your gratuity and illegally deducting your salary.
"Mohandas Kattungal, BA LLB As a Funding Strategist and Legal Expert, I specialize in navigating the complex landscapes of project funding across the UAE and Saudi Arabia. I am the Founder of Bucks Capital & FinMaag, where I advise clients on securing international capital through Venture Capital, Debt Finance, and Real Estate mechanisms. My background as a Calicut Law College Alumnus ensures a robust, legally sound approach to every deal.
Thursday, February 18, 2010
Renewal of residence (employment) permits of private sector workers
Required Documents:
• Prepaid e-form application
• Original passport of the sponsored worker
• 2 photographs of the sponsored worker
• Original medical certificate
• Original and copy of labour card or postal receipt
• Original and copy of the main valid commercial license.
• Copy of the valid establishment card
Fees & Collection
AED 100 as residence permit fees for each year (3 years maximum) according to the e-form
AED 120 urgent delivery fees (optional).
AED 10 for ordinary delivery applications
Special Notes:
Fees for residence permits and typing of applications shall be paid at the typing offices while all security deposits shall be paid cash to the bank staff at the Section hall. Fines against overstaying 17 days or less shall be paid cash to the “Fines Collection” staff at the Section hall, while fines for overstaying longer than 17 days shall be paid cash to the bank staff at the Section hall.
"Mohandas Kattungal, BA LLB As a Funding Strategist and Legal Expert, I specialize in navigating the complex landscapes of project funding across the UAE and Saudi Arabia. I am the Founder of Bucks Capital & FinMaag, where I advise clients on securing international capital through Venture Capital, Debt Finance, and Real Estate mechanisms. My background as a Calicut Law College Alumnus ensures a robust, legally sound approach to every deal.
