to him by Dubai Laws Nos. 1 and 4 of 3. Date of enactment and commencement. These Regulations are made on and come into force on 15th January. Subject to regulation , Jafza Laws and the Federal laws of the UAE apply to a Company and a. Branch. Federal Law No. 2 of These Implementing Regulations are issued by the Jebel Ali Free Zone Authority . time by the authority) and elsewhere in accordance with all applicable laws.
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How many days is the Hajj leave? A worker shall be entitled to an end-of-service gratuity if he has completed one or more years of service. Is it mandatory for a labour contract to be written in Jebel Ali Free Zone? What is the amount of compensation due to the worker’s family members in dules event of his death as a result of an industrial injury or an occupational disease?
What are the conditions that should be considered before adding clause related to not working for a competitor? In this case, the employee had sought to apply the UAE Labour Law on the basis that it is a public law and should, as a matter of policy, prevail. Compensation for permanent total disability: Does a worker have the right to willingly terminate the labour contract?
Rules & Regulations | Jafza
What is the pay on the basis of which the worker’s end-of-service gratuity is calculated? What procedures should be followed in case the worker gives his consent? Shall the aid be calculated on the basis of the basic or gross salary? The employee filed a claim against the employer seeking amongst other entitlements end of service gratuity under the UAE Labour Law.
Will the employer be committed to pay financial aid to the worker if the latter is proved to have sustained an industrial injury or an occupational disease that has prevented him from performing his duties? Moreover, limited term contracts governed by JAFZ Employment Rules can be terminated on or before the expiry of the service period described in the contract, provided that a notice of termination or a notice not to renew is given by either party.
If the employer has failed to fulfill his obligations towards a worker as per the articles stipulated in the contract or law.
If injury has prevented a worker from performing his duties, the employer will have to pay the worker a financial aid equivalent to full pay throughout the duration of treatment or for a period of six months, whichever is shorter.
Guidelines, Rules & Regulations
The remuneration is calculated on the basis of the latest pay for those who are paid on a monthly, weekly, daily or hourly basis. A labour contract shall expire either by mutual consent or at the end of its term and may expire in the event of death of either party. This is particularly relevant in cases relating to types of employment contracts and the termination of employment contracts.
What action a worker should take in case the employer refuses to have his expired labour card renewed? Yes, the labour contract will be terminated but in accordance with the laws and regulations in force. Yes, a worker shall have the right to claim his pay but shall be entitled to claim his leave allowances only for the last two years.
UAE Labour Law FAQs | Jafza
The worker has completed 21 years of age at the time the labour contract was concluded. Can a worker work for another employer although his sponsorship is still on the original employer but he has obtained a no-objection certificate to work for a third party? No it is not. When is a worker entitled for annual leave? However, the Court of Cassation disagreed. Will the commission set forth in the labour contract be included in the calculation of the end-of-service gratuity?
In case a worker has sustained an industrial injury or an occupational disease, shall the employer be committed to pay the expenses of his medical treatment? If the worker is under a probation period and dismissal has taken place during or at the end of the probation period. The employee also argued that the more generous provisions of the UAE Labour Law should apply to his employment. How many days are granted to an employee as his annual leave?
A failure to do so could render the dismissal arbitrary. Is the end-of-service gratuity calculated for the fraction of a year? Is it permissible to impose a disciplinary penalty on a worker for an offence, which is committed outside the workplace and has nothing to do with the work, employer or manager?
If the worker has failed to perform his basic duties according to the labour contract and has continued to do so although a written investigation has been conducted with him for this purpose and although he has been warned of dismissal in case of repeated breach. The position in other free zones in the UAE except for DIFC and ADGM is either that the establishing law of the concerned authority does not specifically grant the power to issue its own employment rules, or that the authority of the respective free zone decides to adopt the UAE Labour Law rather than issuing its own employment rules.
Is it permissible for an employer to impose as a disciplinary penalty a fine on any worker that exceeds his pay for five days? A worker is paid the basic pay plus the housing allowance.
What are the maximum normal working hours? He may not do so except in the cases set forth by the law: How is a compensation for an industrial injury calculated?
What ruoes the remuneration on the basis of which a financial aid is calculated in case a worker has sustained an industrial injury or an occupational disease? The end-of-service-gratuity shall be calculated as follows:. What is the maximum length of the probation period?
If he has assaulted the employer, the manager or one of his colleagues while at work. Yes, the employer shall be committed to do so and even to pay all the expenses required by the medical treatment and all the costs needed for the subsequent rehabilitation of the worker.
A new labour contract should be concluded, subject to the consent of both parties.
Taking care of business has never been easier. Is a worker entitled to a fully paid leave during the probation period? Here are some of the most frequently asked questions regarding labour laws in the UAE. Compensation for permanent disability: Will the probation period be included in a worker’s overall service if the worker has passed this period successfully?