How Do Business Lawyers Help With UAE Labour Laws?
Legal matters can turn out to be a tricky and a daunting task. Even seemingly little errors and misunderstandings may cost a business owner tons of thousands of dollars to correct. In many of those circumstances, a brief consultation with a business lawyer Dubai may have avoided all of the issues. If you ever believe to yourself as a business owner, “I do not need a lawyer, I can manage this myself,” it is time to consult with a business lawyer and find out for sure. You should spend your time operating your business rather than trying to address a legal issue on your own.
Labor attorneys work in the field of employment law and can represent both employers and employees. They deal with customers in labor-unionized areas including education and law enforcement. These attorneys are knowledgeable about union laws and regulations and how they affect both employers and union members. Labor attorneys usually handle disputes involving union formation, collective bargaining, and management-labor talks. These lawyers may file lawsuits or seek out-of-court agreements to resolve conflicts.
There are two different kinds of contracts that employers can use in having employees on board.
Limited Contract
This type of contract is exactly what it sounds like; it is a fixed-term contract with a start and end date that’s generally tied to the length of a person’s UAE resident visa, which is normally two or three years. Unless the contract is cancelled sooner or renewed, the contract will automatically terminate after the period expires.
If the employer terminates the agreement for whatever reason, the worker shall be paid the compensation due for the preceding three months or the balance of the agreement.
On the off chance that it happens, the worker ends the agreement for a purpose not determined in Article 121 UAE labor law, he should repay the business for any harm caused because of the abrogation. For a time of 90 days, the remuneration will be registered because of around half of a month’s compensation.
Unlimited Contract
Unlike the Limited Contract, this type of deal has a defined beginning date but no explicit completion date by which the contract should terminate. Under UAE Labour Law, it is an open contract that can be cancelled for a variety of reasons. If both parties, the employer and the employee, agree, the contract may end without notice as long as a 30-day notice of termination is provided.
If there is a valid cause, any party may end the contract at any time by providing a 30-day notice of termination. A notice period of more than 30 days may be extended. It should also be mentioned that the employee’s salary will be paid in full throughout the agreed-upon notice period.
If the contract is terminated for an unjustifiable reason, the employee is entitled to compensation. The court may award compensation to the employee against the employer as long as it does not exceed three months’ salary. If the employee is awarded compensation for wrongful dismissal, it will not jeopardize the employee’s right to an end-of-service gratuity or any payments for notice that was not given.
In any event, it is usually a good idea for an employer to contact a labour lawyer before firing a unionized employee. Even if you think the employee has undertaken illegal conduct or stolen from the company, you should always seek legal advice before terminating the individual. Labor regulations are complicated, and few business owners have the time to learn about them. These labor attorneys are professionals in labour and employment law and can examine your position and advise you on how to proceed to protect yourself and your company.
Some Important Things Employees Should Know
Termination of Contract
A contract can only be ended if both parties agreed in writing when the contract ends and if one of the parties decides to terminate the contract, provided that the party terminating the contract respects the law’s notice and legal grounds for contract termination rules.
Working Hours
Working hours should not be more than 8 hours per day and no more than 48 hours per week, according to Labor Law. Individuals working in commerce, hotels, cafeterias, security, and other types of companies licensed by the Ministry of Labour are among the exceptions. If an employee is obliged to work longer hours than those given above, he or she is entitled to overtime pay. In this regard, business lawyer Dubai can add valuable assistance for the employee.
Moving Forward
The UAE’s Labour Law has several articles and clauses. As a result, grasping the notion of each is difficult. Consult with local attorneys for a better grasp of the complexities of the Labour Law or any other legal concerns. This not only helps in a better understanding of the legal matters, but also helps you with an effective and efficient approach in implementing it altogether.
