The Standard Limited-Term Employment Contract, come into effect from January 1, 2016, was drafted by the Ministry of Labor as part of the three new decrees, announced by the ministry on Monday, Gulf News reported.
The three ministerial decrees are aimed at enhancing the UAE labor market conditions and consolidating the contractual nature of labor relations, the report said.
All employees across the country will be presented with a unified, standard, employment offer that contains clear and enforceable terms and conditions of employment, prior to the worker’s entry in the UAE, it added.
Reportedly, the contract will need to be signed by both the employer and the worker.
The contract, which is divided into 11 clauses, details the obligations and rights of both employer and employee. The contract will explicitly state a worker’s profession, job title, basic remuneration allowances (all of which should be written in figures and words), said the news portal.
One clause stipulates that the duration of the limited-term employment contract may not exceed two years. The contract’s rules are still effective during the notice period ahead of the contract’s termination. The notice period, which can anywhere between one to three months, must be agreed upon by both parties signing the contract, the Gulf News report said.
All expenses related to enabling an employee to work for an employer must be borne by the latter. This may include: travel to the UAE and broker agency fees.
Clause Nine of the contract details the employer’s obligations. The employer is responsible to deliver the Labor Card to his worker and dole out an authenticated version of the contract in a language the worker understands. The employer is also obliged to pay the worker his due remunerations, entitlements or benefits, according to the dates and procedures stated in the contract; and the rules specified by the Applicable Legal Regulations at the ministry, the Dubai-based news portal reported.
No amount of the remuneration may be deducted by the employer, except in a few select cases, it was pointed out.
If a worker is coming from abroad, the contract must be signed before he arrives to the UAE. According to the contract, employees may not work for more than eight hours a day, or 48 hours per week, or 144 hours in a three week period. Moreover, usual working hours shall be reduced by two hours daily during Ramadan, the report said.
However, if work-related circumstances require the employee to work overtime, the additional working hours should not exceed two hours per day, which are compensated for by the standard rate of working hours plus an increment not less than 25 percent; or not less than 50 percent if an employee works overtime between 9pm and 4am, it added.
Employers are also obliged to provide all occupational health and safety measures, and ensure healthy working environment as specified by the ministry, said the news portal.
An employer may not terminate the service of an employee because he isn’t medically fit, before the latter avails himself top the sick leaves legally due to him, the report pointed out.
After the expiration of the contract, an employer reportedly must bear the repatriation expenses of his worker.
In case of work-related injuries or occupational diseases, employers must pay the medical expenses for treating the worker in one of the government medical centers until the worker has recovered or is proven to have become disabled, said the Dubai-based newspaper.
If work-related injuries prevent the employee from performing his work, the employer is obligated to pay the former financial assistance that equals his full remuneration throughout the treatment period, or for a period of six months (whichever comes first). If treatment last for more than six months, financial assistance will be reduced to half for an additional six months until the employee has recovered, proved to be disabled or deceased.
Employers are also prohibited from assaulting the worker in any way, shape or form, or harassing the worker sexually.
Accommodations provided by the employer must meet the standards of the ministry. If accommodations are remote from urban areas, employers are required to provide appropriate means of transport, potable water, basic foods and medical, recreation, and sports facilities, reported Gulf News.
If it is proven than an employer’s obligation has been violated, employees may leave work without notice at any time, and file a duly admissible complaint with the ministry, it added
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