Basic Labour Rights of OFW in UAE
Security of Tenure
- Probationary period is up to a maximum of 6 months only. After this period, the employer cannot terminate you without notice or payment for losses.
(Probationary period is not mandatory. You can be hired as a regular employee from Day 1)
- Employer must provide written warning as a prerequisite to terminate an erring employee
- Employee is considered to be arbitrarily dismissed if the reason for termination is irrelevant to the work or prompted by a complaint filed by the employee against the employer with the Ministry.
Hours of Work
- Maximum of 8 hours a day for a 48-hour work week (can be increased to 9 hours a day in commercial establishments)
- Reduced working hours during Ramadan
- No employee shall work for 5 consecutive hours without breaks for rest and meals of at least 1 hour
Weekly Rest Day
- One rest day for every 6 working days
- Employee shall not be required to work for 2 consecutive weeks without a rest day
Wage and Wage Related Benefits
- There is no minimum wage in the UAE
- Overtime pay: 25% of basic wage
- Overtime pay (9pm to 4am): 50% of basic wage
- Overtime shall not exceed 2 hours, except in emergency cases
- Work on rest day/holiday: substitute rest day + 50% basic wage or regular day’s pay + 50%
- Annual Leave Pay: Basic wage +housing allowance only (other allowances are not paid)
- End of Service Gratuity
Payment of Wages
- Paid in Dirhams, at the place of work (or through bank transfer)
- Paid at least once a month (salaries are considered delayed if not paid within 15 days from the wage cut-off date) except daily wage earners (paid once every 3 weeks)
- Employee shall not be required to purchase food or other commodities from a particular shop
Employment of Women
- No night work (10pm to 7am)
- Maternity leave with full pay: 45 days (must be in the service for a year)
- Maternity leave with half pay: 45 days (less than 1 year of service)
Leave Entitlement
- 30 days a year
- UAE national holidays
- Sick leave with full pay: 15 days
- Sick leave with half pay: next 30 days
- Sick leave with no pay: next 45 days
- Pilgrimage leave: 30 days (once only)
Access to Ministry of Labour and Courts
- Employees are exempt from filing fees
- Speedy disposition of cases
Even if you are not yet hired, you are already covered by the Labour Law.
For example, Article 18 prohibits demanding or accepting from any worker whether before or after his recruitment, any commission or material reward in consideration for arranging such recruitment, nor obtain from him any expenses related to his employment.
If your employer is requiring you to pay for your recruitment cist or is charging application or processing fee, you should take that as a warning and look for another employer.
Source:
GULF LAW
Essential OFW Guide to UAE
Author: Atty. Barney Almazar
http://www.gulflaw.info/index.php