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Wednesday, November 16, 2011

Pregnant staff can get 15 days off before delivery

Fatwa says any sick leave taken before that date should not be included; Maternity leave must be 60 days with full salary
Pregnant female workers in the UAE are entitled for 15 days off before delivery and any sick leave taken before that date should not be included, according to a the country’s top Islamic legislation body.
The Fatwa and Legislation Department at the Ministry of Justice was responding to a query by a government institution on whether sick leave  taken by a pregnant female employee should be included in her pre-delivery leave.
“The maternity leave must remain at 60 days with full salary for two months and the pregnant employee is entitled for a pre-delivery leave of a period not exceeding 15 days,” the Department said in a new fatwa (Islamic edict).
“A sick leave taken by pregnant women must not exceed one week and must be approved by an authorised doctor…this period should not be included in the pre-delivery 15-day leave for pregnant employees.”

If sick during annual leave, you get extra days off

Employees falling ill during their annual leave must be compensated for the duration of the sick leave given to them by authorised doctors, according to a new fatwa (Islamic ruling) in the UAE.
The Fatwa centre at the Ministry of Justice issued the new edict in response to a query by a local government department about a female employee who was given a 26-day annual leave, during which she fell ill.
The department said the employee presented a medical report showing that she had received treatment for 20 days during her annual leave and that she asked the department to compensate her for the sick leave days.
“A sick leave and a normal leave should not be linked…in case the sick leave happens during the normal leave, then it must be considered as a sick leave, which must be deducted from the normal leave.”

Tuesday, November 1, 2011

Companies can take dispute cases to Dubai International Financial Centre ( DIFC) courts

Dubai: Companies will now be able to choose to have dispute cases heard in English common law courts.
A new law will allow businesses from Dubai and across the Gulf to use the courts of the Dubai International Financial Centre (DIFC), meaning that they can avoid the backlog that has plagued Dubai's traditional civil courts.
The move, which has been welcomed by both lawyers and local businesses, is likely to boost the workload at the DIFC, lawyers say, as companies are drawn to the opportunity to be awarded costs — an option not available in civil cases.
Major impact
But experts also point out that it will be some time before the law, signed by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai yesterday, has a major impact on the DIFC courts.
The option to choose the jurisdiction of the DIFC will have to be written in new contracts, except in cases where the parties in existing disputes agree to have the case heard outside of the civil courts.
Nonetheless, lawyers were upbeat about the news last night.
Positive thing
"It's a positive thing and will be viewed positively by quite a lot of the international companies doing business in this region," Alec Emmerson, a consultant at Clyde and Company, told Gulf News.
Justice Sir David Steel, Associate Judge of the DIFC, said that the importance of the law was to give potential litigants the option of choosing civil or common law courts.
"It's a question of whether the initial participants in the dispute are enthusiastic about going to the Dubai courts or whether they would prefer to go the common law court," he said.
Steel added that while the ruling may eventually see an increase in cases before the DIFC, he did not anticipate a need for more resources.
"We will play it by ear," he said.

Eid holidays start from November 5 for private sector

Private sector employees will get a break from Saturday until Monday (November 5-7), according to the circular issued today by the UAE Ministry of Labour.

The circular issued today by Saqr Ghobash, Minister of Labour, stated that the official holiday covers private sector corporations and firms in the UAE. Employees of the private sector will get a paid Eid Al Adha holiday from Saturday to Monday.

He congratulated President His Highness Sheikh Khalifa bin Zayed Al Nahyan, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, and Members of Supreme Council, Their Highnesses Rulers of emirates, UAE people, Arab and Muslim countries, on advent of Eid Al Adha.

Public sector holiday until November 8

Ministries and federal institutions across the UAE will observe Eid Al Adha holidays starting from Saturday 5th until Tuesday 8th November 2011.

Tuesday, October 11, 2011

Residents on family visa can seek employment like any other person - Ministry of Labour issues clarification

Residents who are on their family visa have a right to seek employment under contracts of both, limited and indefinite durations, just like any other person in the UAE.
This was stated during a weekly meeting of the Ministry of Labour and representatives of various institutions on Monday, according to an Al Khaleej report.
A no-objection certificate for such work permits has to be cleared and granted by the ministry, but officials clarified that there is some confusion at typing centres, that those on family visas can only work on fixed-term contracts.
An official said: “This is not true.”
Officials added that the ministry is the only body authorised to apply a six-month ban in the absence of en employee violating a two-year contract.
This came in response to a complaint submitted by a worker, where he said the company canceled his labor card and claimed to impose a ban after he was terminated by the facility.