When Employer Can Dismiss/Terminate Sickness Workers

Employer can only dismiss worker with sicknesses
In the situations/causes stated below:
- If he has not passed probation period … article (37);


- If medical tests proved that his disease has been resulted from his misbehavior, e.g. taking drugs or being alcoholics;


- If he used his all sick leave in full, which is (90) days per year of service, and there is no positive result that he can be healed, in this case worker shall receive his benefits as per provisions of the law …article (85) and will be dismissed;


- If the worker resigned from the service due to the disease complaining before the end of the first (45) days from the sick leave and the governmental doctor, or the doctor whom is assigned by the employer agreed on the reason of the resignation, in this case , the employer shall settle the remaining pay from (45) days … Article (86);


- If the worker worked during his sick leave with another employer, article (88), in this case, he will be deprived from getting his pay for the period of his sick leave;


- If the worker committed one of the contraventions provided for in the article (120).


- Note: the above reason are the general and mostly used reasons in terminating/dismissing worker with a serious sickness, however, for every rules and policy there are some consideration and exemption that we cannot able to explain unless we speak with worker.
Reference & Sources: UAE Law and Mena Business Service

Workers Sick Leave Entitlement

The Workers who are not entitled to a paid sick leave:

As written in article (83/1) from labor law, worker who are not entitled to a paid sick leave are as follows:

• Workers who are still under probation period.
• Workers who passed successfully the probation period but their period of service.
• After end of probation period does not exceed three months.
• Workers who are appointed with no probation period system.

The Workers will be entitled for a paid sick leave if his disease resulted while performing his duties and responsibility. However, if the result proves that the disease comes from the worker misbehavior, the situation will be inter-changed.

If an evidenced provided by/ or with medical tests conducted on the worker that the disease has been resulted from his misbehavior, such as taking drugs or alcoholics, he shall not be entitled to a pay for his sick leave … As per UAE Labor Law, article (84).

Reference and Source: Mena Business Services

Pay During Sick Leave

The maximum period for the sick leaves, where workers will be entitled to receive pay against absence due to sickness are:
The maximum period for the sick leave in respect of the non- professional is (90) days for
every year from years of service of the worker, and his pay is calculated as follows:

• First fifteen days with full pay
• The following thirty days with half pay
• The following period without pay ... article (83)

Reference: Mena Business Services & Ministry of Labour

Fact Sheet #14: Coverage Under the FLSA

Basic understanding on the FLSA Fact Sheet#14

The FLSA is a Federal law procedure that is responsible in setting minimum wage, overtime, recordkeeping, and youth employment standards.

The minimum wage for covered nonexempt workers is not less than $7.25 per hour as of July 24, 2009. There are some exceptions regarding overtime ("time and one-half") must be paid for work over forty hours a week. However, Child labor regulations prohibit younger person that is less than eighteen years old from working in certain jobs and addedd sets rules concerning the hours and times for employees apply below sixteen years old.

There are more than 130 million American workers which are protected (or "covered") by the FLSA, that is enforced by the Wage and Hour Division of the U.S. Department of Labor.

There are two ways in which an employee can be covered by this law:

Enterprise Coverage

Employees who work for certain businesses or organizations (or "enterprises") are covered by the FLSA. These enterprises, which must have at least two employees, are:

(1) those that have an annual dollar volume of sales or business done of at least $500,000

(2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies

Individual Coverage

Even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."

Examples of employees who are involved in interstate commerce include those who: produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions...

Also, domestic service workers (such as housekeepers, full-time babysitters, and cooks) are normally covered by the law.

Source: dol. gov/whd/regs/compliance/whdfs14.htm

Fair Labor Standards Act (FLSA)

Today, and in the coming days i will try to provide updated information regarding Employment Laws for Labor/Manpower in USA. Below is the overview of (FLSA) or the Fair Labor Standard of Ministry of Labour in USA.

Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD). The Act establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full time and part time, in the private and public sectors.

The Act applies to enterprises with employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce. For most firms, a test of not less than $500,000 in annual dollar volume of business applies (i.e., the Act does not cover enterprises with less than this amount of business).

However, the Act does cover the following regardless of their dollar volume of business: hospitals; institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are mentally or physically disabled or gifted; preschools, elementary and secondary schools, and institutions of higher education; and federal, state, and local government agencies.

Employees of firms that do not meet the $500,000 annual dollar volume test may be covered in any workweek when they are individually engaged in interstate commerce, the production of goods for interstate commerce, or an activity that is closely related and directly essential to the production of such goods.

In addition, the Act covers domestic service workers, such as day workers, housekeepers, chauffeurs, cooks, or full time babysitters, if they receive at least $1,700 in 2009 in cash wages from one employer in a calendar year, or if they work a total of more than eight hours a week for one or more employers. (This calendar year threshold is adjusted by the Social Security Administration each year.) For additional coverage information, see the Wage and Hour Division Fact Sheet #14: Coverage Under the FLSA.

The Act exempts some employees from its overtime pay and minimum wage provisions, and it also exempts certain employees from the overtime pay provisions only. Because the exemptions are narrowly defined, employers should check the exact terms and conditions for each by contacting their local Wage and Hour Division office.

Source: dol. gov/compliance/guide/minwage.htm

Sick Leave

As per UAE Law, Employee should notify his employer/sponsor of his sickness which is not resulted from his job or injury in the work? The worker is required to notify employer/sponsor within 24 hours from the time his sickness started in any mode of notification, it could be by phone, or sms or email or by mail. Once the worker notified his employer/sponsor, the employer should put into a medical examination the particular worker to verify the status and strength of his illness.


If this happen, employer should immediately approved the sick leave as soon as possible, if not he will be exposed to penalty, with the UAE Law and Ministry of Labor.

Reading Sources: Mena Business Service and UAE Labor Laws/Ministry of Labour and Immigration

Number of Days for Annual Leave

According to the article (75) from the labor law, the worker is entitled to be granted an annual leave which shall not be less than the following periods:
- Two a month, where the worker's period of service is more than six months but less than a year,
- 30 days a year, where the worker's period of service is more than one year,
- Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.

Source: Mena Business Service

Individual Employment Contract

Is the worker entitled to obtain an employment contract?
Yes … the worker is entitled to obtain the employment contract concluded between the two parties and issued and attested by the ministry of labor signed by the two parties … as the employment contract shall be in writing and each of the worker and employer shall have a copy respectively.. In addition, the approved language in the state is the Arabic language. In addition, in case the worker does not receive the employment contract, he shall resort to the ministry of labour.
If the employment contract has not been issued from the ministry, can I prove my service with employer or not?
Evidence shall be conducted by the legal evidence means … for example: internal contract concluded between the two parties, appointment letter, payment statement or book of attendance and going out of the work... etc., if the worker has one of them.
What is the necessary information that shall be available in the employment contract? Article (36):
The employment contract shall contain the following:
- Date of signing the contract.
- Date of starting the work
- Type of the contract, either it is (a limited or unlimited contract)
- Place of signing the contract
- Period of the contract: if it is a limited contract … there shall be a date of the commencement and end of the contract in the unlimited contract only the commencement shall be mentioned therein
- Amount of the payment: the basic salary, allowances and bonuses shall be specified
- Occupation

Note: if there are any other conditions agreed upon between the parties of the contract to be added at the date of signing the contract if they are not in contradiction with the labor law
Sources: Mena Business Services & UAE Labor Law mol.gov.ae

Sponsor Visa

A reader located in Dubai asked Gulf-news regarding Passport and Visas in UAE. The Question below is directly copied from the question of the reader:

“ Can the company I work with sponsor my sister-in-law? Is it okay if I ask my employer to sponsor my sister-in-law and to secure the necessary employment visa for her to work in Dubai?”

I will re-instate the question:

“Reader would like to ask if his employer would be able to sponsor his sister in law to work in UAE with the same company sponsorship.”

The rule in UAE states, if an employee is working with a company and has a compensation of minimum 5,000 AED and working at least 6 months with the company, he could sponsor his immediate family (Parents, Wife or Husband and Children) for residence visa through Employee’s Sponsorship. However, “Sister In-Law” is not included in this sponsorship program granted to an employee. He can able to ask his sponsor to help his sister in law in getting a Visit Visa under the same sponsorship unless, the sponsor would like to hire his sister in-law too, then it is possible.

For further and more concise answers, please go to the Department of Naturalization and Residence or you may check their official website: http://mol.gov.ae/

Sources: gulfnews.com & mol.gov.ae

Dear Readers, if there is anything not accurate in my blog/ or anything you would like to add in relation with the topic for UAE laws, please dont hesitate to leave a comment so that we can correct it or make changes or add some more...

Types of Residence Contract in UAE

In UAE Labor Laws:There is two types of contract:

1. Limited Contract - where in employees has been offered a residence visa with a contract of 2 years that shall be completed accordingly with UAE labor laws procedures.
2. Un-Limited Contract - where in employees has been offered a residence visa with a minimum contract period of 3 years and so, that can be terminated both by employee and employer for a reasons or with no valid reasons.
Feel Free to ask me question regarding HR Laws...
Kathe

New Visa Rule in UAE

Dear All,

Starting 2011 of January, UAE Ministry of Labor started the New Rule for Employment Residence both for UAE national and Expatriate Employees. The Rule implies and be implemented as follows:

- New Visa will be 2 years instead of 3 years, for unlimited and limited residence visa
- There will be no banned anymore once employee finish the first 2 years contract; but
- If incase an employee has been resigned or terminated after 1 year of service, he will not have ban of 1 year if he got an offer letter from a company with salary starting from & between AED 5,000, 7,000 & 12,000 or more and he has a authenticated school credential to prove that he has a Higher Degree Certificate;
- Banned will be lifted if less than 1 year for professional in many conditions, e.g. salary should start from AED 5,000 with professional degree or higher education or license like Doctors, Engineers, Lawyers etc...

reading sources: UAE Labor Laws Updates

for more information, please dont hesitate to post a comment anytime you wish too.