Feeling forced to quit job? Things to do now

  • 1 year ago
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A company based in the UAE can enter into contracts with foreign individuals or companies based outside the UAE.

I work as a sales executive on an unlimited contract in a L.L.C. company in Dubai and I have recently completed one year in the company. My company has been deducting 30 per cent of my salary since the past two months. Moreover my MD is not approving my annual leave by saying that I have to clear outstanding payments from clients, and only then will he approve my leave.

In this scenario I have decided to resign from the company. I would like to know if I should mention in the resignation letter that "due to deduction of my salary I am rendering my resignation" as I doubt that my company will settle my dues. Then I will be left with no option but to approach the labour court. Appreciate once again for your valuable suggestions and information.

Answer

Pursuant to your questions, you employer cannot deduct salary of 30 per cent, as it is violation of the terms of your employment contract. Since your employer is in breach of employment contract you can terminate your employment in accordance with Article 121 of the Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the "Labour Law"). It reads, "A worker may leave his work without notice in either of the following case:

Know the law

Employer cannot withhold your annual leave based on non-recovery of outstanding payments due from the client/s. However, second part of Article 78 of Labour Law states: "It shall be unlawful in any circumstances to employ a worker during his annual leave more than once in two successive years."

A) If the employer fails to comply with his obligations towards him, as provided for in the contract or in this Law;

B) If he is assaulted by the employer or the employer's legal representative."

Further, you are eligible for 30 days of annual leave once you complete one year of service with your employer. Article 75 of the Labour Law states: "Every worker shall, within each year of service, be granted a period of annual leave of not less than:

(a) Two a month, where the worker's period of service is more than six month but less than one year;

(b) 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."

Your employer cannot withhold your annual leave based on non-recovery of outstanding payments due from the client/s. However, second part of Article 78 of Labour Law states: "It shall be unlawful in any circumstances to employ a worker during his annual leave more than once in two successive years." Based on the above your employer may inform you that you will be granted annual leave upon completion of two years of service.

You may approach the Ministry of Human Resources and Emiritisation and file a complaint against your employer for deducting your salary arbitrarily.

 

Electronic transactions with e-signatures valid in UAE

Currently for my business, I require my clients to sign contract forms before I provide them my services. Since most of my clients are outside the city or country, I'm moving to online contract forms where customers can sign the forms online. As per my customers, it is difficult for them to download the contract form, sign it, scan it, and then e-mail me back. So I'm setting up my online contract forms in such a way that a customer can just type in their names and submit the form.

My question is: In the UAE, is typing your name on an online contract form and clicking submit held up as a legal signature? It is considered as legal signature by many countries with enforced cyber laws.

Answer:

Pursuant to your questions, in the UAE, electronic transactions and transactions with e-signatures in contracts are valid in accordance with Federal Law No. 1 of 2006 on Electronic Commerce and Transactions (the "Electronic Transactions Law"). A company based in the UAE can enter into contracts with foreign individuals or companies based outside the UAE. Article 2 of the aforementioned law states: "Matters for which no specific provision is laid down in this law shall be governed by the international commercial laws affecting Electronic Transactions and Commerce and the general principles of civil and commercial practice."

Further, for a contract to be enforced, you require a valid signature; therefore it is recommended your clients enter into an online contract where the contract has provision for an e-signature. However e-signature may not be mandatory in accordance with Article 8(2) of the Electronic Transactions Law. Article 8 of Electronic Transactions Law states:

"1- Where a rule of law requires a signature on a document, or provides for certain consequences in the absence of a signature, that rule is satisfied if the document contains a reliable Electronic Signature within the meaning of Article (18) of this Law

2- Absent contrary statutory provision, a person may use any form of electronic authentication"

Based on the aforementioned provision of law electronic authentication may suffice. However it is recommended that there is provision for e-signatures in the forms.

The Electronic Transactions Law mentions that any electronic transaction is valid in accordance with Article 11 which states:

1- For the purpose of contracting, an offer or the acceptance of an offer may be expressed, in whole or in part, by Electronic Communication

2- A contract is not invalid or unenforceable solely by reason that Electronic Communication was used in its formation."

A contract therefore will be a valid contract and both parties may have to adhere to it through electronic means irrespective of the fact that such a contract was concluded electronically.

Pregnant and fearing job loss

I have been working on an unlimited contract with an engineering company in Abu Dhabi for the past 1.5 years. I am an HR consultant and a good performer according to my manager's comments on my performance review. Now, I am four months pregnant and the employer is unhappy about the fact that I will be leaving on 45 days maternity leave early next year, following which I may also require extra leave. They are conspiring to terminate me during my pregnancy but have not discussed this matter with me. I am worried about losing my job while I am in this vulnerable physical condition. In this situation, what advice could you give me from the legal point of view? Is there a law that protects working women during pregnancy? Is it even possible for them to terminate me before I reach my maternity leave? What are the cases I can file against my employer if in case I am terminated?

Answer:

Pursuant to your queries, your employer cannot terminate you on the grounds of pregnancy as it is against the prevailing labour laws of the UAE and against human rights. You are entitled to avail maternity leave once your confinement period commences provided you submit medical certificate related to illness due to pregnancy. Article 30 of the Federal Law No. 8 of 1980 regulating Labour Relations states, "A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than on year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.

On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women's work or confinement.

The leave provided for in the preceding two paragraphs, shall not be deducted from other period of leave."

Based on the above if your employer terminates you on the grounds of pregnancy, you have all the rights to approach Ministry of Human Resources & Emiritisation mentioning the reasons for termination is arbitrary. Further, you may also approach the Human Rights Department in the emirate of Abu Dhabi to file a complaint against your employer. In the event your termination is based on other reasons and if your employer serves you notice period you may only approach Ministry of Human Resources & Emiritisation and not Human Rights Department as the matter comes under the jurisdiction of Ministry of Human Resources & Emiritisation. reporters@khaleejtimes.com

Know the law

 

On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work

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