IF A EMPLOYEE COME LATE AFTER GIVING 3 TIME WARNING LETTER MOL UAE ANSWER

Question 1: An employee in my company has been issued several warning letters for reporting late at work. Even after the warnings, he continues to repeat the mistake. The employee is clearly not serious toward work but he does not want to resign either as it is a limited contract and if he does so, he may have to compensate the employer. My question is what is the step that the employer can take in this case. Can the employee be terminated with immediate effect? If his services are terminated before the completion

Answer According to Section VI of the Labour Relations Law, there is a set of discipline rules which grant employers the right to outline irregularities and include penalties. For example, in case of work hours, the list includes 10 different penalties. An employer can issue the list and then mandate all staff to comply, however, after authorizing the list through a committee formed by the ministry. Regarding the termination of employee’s services, article 120 of the labour laws mentions specific cases wherein a work relationship can be ended. In this case the employee has shown repeatedly been late for work inspite of the employer’s warnings. If the worker continues to come late, the employer must start deducting the employee’s wages gradually. If there is no improvement, the employer can issue a final warning letter to the worker who might face termination and the dismissal is considered justified in this case. As for compensation, in cases like this where the employer has tried to correct the worker several times but the latter has not shown any improvement, even though the contract is limited, the worker does not deserve any compensation allowance for such dismissal. Gratuity is a payment made as an appreciation to workers who positively contributed to the workplace. Being dismissed for lack of commitment and delays does not entitle a worker to gratuity. Nonetheless, legal scholars or judging committee can look upon the matter and decide whether to reward the employee or not, after looking into the length of service, job type, the duration of interruptions and delays, the impact of irregularities caused by the worker. 

UAE Labour Person who Work in Restaurant Get 45000 AED From MOL UAE

Evidence of over time necessary to claim dues

An employee, after his contract was terminated, approached the Ministry of Human Resources and Emiratisation, seeking financial compensation of over AED half a million that had accumulated due to overtime and working during official holidays in the 16 years of his service. The worker went ahead to claim the said amount after consulting a friend. The employee said in his complaint that he served as a waiter in a restaurant under unlimited contract. He started with a basic salary of AED 500 dirhams, which increased over time to AED 4,000. He claimed that his financial dues were AED 550,100 for overtime and working on Fridays and public holidays over a period of 16 years that he worked with the restaurant. The employer, on the other hand, told the Ministry, that he faced some financial distresses lately due to which he had to terminate a number of employees, including the complainant. The employer said he was willing to pay all legal dues in addition to the special bonuses and grant the complainant an experience certificate to help him find another job. After several meetings with both the parties, the Legal Scholar in the Ministry, calculated that the amount due was around AED 41,000. The employer agreed to the settlement and added AED 4000, taking the total amount up to AED 45,000. However, the employee refused to agree on the compensation and the legal scholar referred the complaint to labour court, which said the worker was entitled to AED 39,619 only. The employee appealed the verdict but the court rejected the request and pushed the first ruling, stating that in case of claims of overtime or extra time, there should be proper reference from both parties. The employee needs to give details of all the extra work done on a sheet which shall be presented to the judges. The court said in its ruling that the worker’s claims of staying-in during the afternoon resting periods (estimated to four hours daily) is not a sufficient evidence of extra working hours to serve the employer during that period. The Ministry of Human Resource and Emiratisation said both employers and employees should properly follow the Labour Law, especially articles 67-69, which relate to labour complaints clarifications in order to avoid disputes. The ministry said employers or workers can submit any queries on the toll-free number 800 665 and the Ministry’s website www. mohre.gov.ae includes detailed clarifications on laws

Human Resources and Emiratisation Ministry hosts events marking the ‘Year of Reading’

The Ministry of Human Resources and Emiratisation conducted an array of activities in line with the directives of His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, declaring 2016 as the Year of Reading. Dr. Omar Al Nuaimi, Assistant Undersecretary for policy and strategy at the Ministry, emphasised on the importance of implementing several initiatives as per the directives of the wise leadership. He said declaring 2016 as the year of reading is a long term investment that will contribute to establishing a promising upcoming generation. Al Nuaimi had launched the mobile library, launched by the Government Communication Department as part the of the Ministry’s 2016 internal communications plans, in order to enhance reading among the staff members and further enhancing their knowledge and creativity. As part of the initiative, the ministry also launched an internal competition for the best initiatives proposed by the staff to promote the habit of reading, wherein 54 ideas were presented with the aim to promote a culture of knowledge and establishing an intelligent generation armed with knowledge. The financial department at the ministry launched the “Mobile Book” initiative, opening a library in the office which contains a variety of books with content in leadership and strategy. A “Readers electronic club” an online webpage created for all the staff working at the ministry, “Bawabaty”, was also launched. The guidance department launched the “Book Cafe” where they discussed highlights and lessons learnt by each participant after reading books. Al Ain Human Resources and Emiratisation office has launched an internal library hosting around 65 students from three schools by holding an educational workshop to read Human Resources and Emiratisation Ministry hosts events marking the ‘Year of Reading’ Mobile library and cultural events Year of Reading AL'AMAL - April 2016 21 books and summarise each story. Around 80 customers, while waiting in-line to complete transactions, enjoyed reading several books and novels available at the library. The Dubai Human Resources Office Launched “My Culture my Hospitality” initiative the goal of welcoming all visitors and customers to the office and distributing them a variety of books to read. In the Sharjah office, “A Culture Without Borders” initiative was launched, which saw a mobile cart that contains a variety of books for all. The Kalba office, in collaboration with the Culture Without Borders program, launched an initiative titled “An hour of reading”. Fujairah Office launched a ‘Reading Award’ for the employees to award to those who read and send email to the concerned party with a clear summary about the book. Employee Badr Karam Al Raeesi won the first prize during the first quarter of 2016. In community initiatives, the Inspections Department organised ‘A generation reads and flourishes’ initiative, coinciding with the events and community activities launched by the Ministry of Human Resources and Emiratisation, and an educational bag was distributed to school students in order to enrich their knowledge and enhance skills. The Ministry of Human Resources Office and resettlement in Abu Dhabi organised a community effectiveness of knowledge in collaboration with a publishing house. The Ministry of Human Resources Office and Emiratisation in Fujairah, in cooperation with Culture Without Borders initiative, organised a community initiative titled “Read with me” which saw the establishment of a library containing educational books that were picked by many customers waiting to complete transactions.

Saqr Ghobash commends Sheikh Hamdan Bin Mohammed initiative to provide dental treatment to workers

Mol News

His Excellency Saqr Ghobash, Minister of Labour, said the initiative launched by His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Executive Council of the Emirate of Dubai to take care of workers’ health confirms the extent of his appreciation for them and their role in the development process.

“The initiative would spread health awareness among workers and educate them about dental care and treatment. The workers can undergo clinical examinations and avail of the required treatment, which they may not be able to get done on their own due to high cost of dental treatments,” he said. Ghobash visited the Hamdan bin Mohammed College of Dental Medicine at the Dubai Healthcare City where the awareness and treatment facility was provided to workers as a part of the initiative. The Minister was accompanied by Humaid bin Dimas Al Suwaidi, Assistant Undersecretary for Labour Affairs and Maher Al Obed Assistant Undersecretary for Inspections and a number of officials from different government entities. His Excellency the Minister of Labour, said, “His Highness the Crown Prince of Dubai’s initiative serves as an explicit invitation to all institutions to adopt humanitarian initiatives towards workers to thank them for their great job and appreciate their efforts throughout these years.” He said the UAE is committed to protecting workers and providing them the best form of care, which will contribute to an appropriate and a decent working environment for them. He also appreciated the services provided by the dental clinic in Dubai for workers. The Dubai dental clinic provides dental services of the highest standards in the field of dentistry. The clinic offers various specialized dental treatments using the latest technologies.