Saturday, 9 April 2016

Employee entitled to get salary for unused leaves

The leave salaries so accrued shall be payable even after termination of employment contract and shall be part of the end-of-service entitlements.
All employees are entitled to receiving salaries for the number of days of leave which was not availed by them. The leave salaries so accrued shall be payable even after termination of employment contract and shall be part of the end-of-service entitlements. This is in accordance with the provisions of Article 79 of the Labour Law which states: "A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker's wage as on the date when the leave became due."
The entitlement for an air ticket shall depend on the policy of your employer, as there is no clear provision on the same. If your employer had specifically agreed on providing an air ticket for your annual leave, then you may claim for it. However, it may be noted that at the end of the employment, the cost for repatriation of the employee is required to be borne by the employer. This is in accordance with the provisions of Article 131 of the Labour Law which states as follows: "Upon expiry of contract, the employer shall bear the cost of the worker's repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service.
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30 days leave only after completion of one year.

You shall be entitled to paid leave after the completion of six months of service in accordance with Article 75 of the Labour Law which 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 months 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."
Thus, in accordance with the aforementioned provision of the Labour Law, you shall be entitled to take two days of leave every month. Further, you shall be entitled to take the annual leave for a period of 30 days only after you have duly completed one year of service.
However, the commencement date for annual leave is at the discretion of the employer. As such, an employee may be allowed to take his annual leave before the completion of one year if the employer may so decide. This is in accordance with Article 76 of the Labour Law which states:
"The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. Notwithstanding the foregoing, the provision respecting the division of leave shall not apply to leave fixed for young persons."
There are no specific provisions which make it obligatory on the employer to provide an air ticket to an employee for his annual leave. The provision of an air-ticket forms part of various allowances provided by an employer. You may therefore refer to your employment contract in this regard. However, you should be entitled to receive a leave allowance in accordance with Article 78 of the Labour Law which states:
"Every worker shall be entitled to his basic wage and the housing allowance if applicable in respect of his days of annual leave where the circumstances of the work make it necessary for a worker to work during all or part of his annual leave and the days of leave on which he works are not carried forward to the following year, the employer shall pay him his remuneration, plus a leave allowance in respect of the days worked at a rate equal to his basic wage. It shall be unlawful under any circumstance to employ a worker during his annual leave more than once in two successive years."
Further, if during the annual leave there are public holidays, for which there are provisions made by law, it shall be considered to be part of the annual leave and no additional days of holiday shall be given in this regard. This is in accordance with Article 77 of the Labour Law which states:
"Holidays for which provisions have been made by Law or agreement or any other days of absence from work on account of sickness shall be reckoned as part of the annual leave if such holidays fall within the annual leave."
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Help for low-paid workers in UAE to understand law.

Labourers have been urged to report their bosses to the authorities “without hesitation” if they believe they are breaching UAE labour laws.
Labour ministry officials delivered the message to hundreds of low-paid workers at a ‘Know Your Rights’ event in Abu Dhabi yesterday.
The event at the ICAD camp in Musaffah involved workers being advised that they do not have to pay fees to recruitment agencies – something governments and many expat workers have long complained about.
Labour officials also told the workers that visa, travel and postal costs, for example, must not be borne by the employee.
“The employer should pay the costs of your recruitment and deployment – which includes fees paid to a private recruitment agency in the labourer’s country,” said Ali Ibrahim Al Shehhi, a labour relations officer.
He said workers have the right to change jobs if they wish, under recently introduced changes to the law, although he said “appropriate notice” had to be given and agreed employment terms had to be completed.
Pakistani driver Amir Usman, 30, said: “I’ve been here for two years and miss my family and kids a lot.
The only reason keeping me here was that I was under the impression I would owe my employer money if I left.
“Now I am at peace knowing I can leave once my contract is over, and I am under no obligation to sign a new one.”
Another worker, Bangladeshi Mohammed Ashfaq, 42, said he has lived in Abu Dhabi for almost two decades.
He said: “I did not know I actually had a place to go and complain if anything went wrong.
“What we think is, we are labourers – we either make the best of what we get or go back to our home country. Now I know where I can complain if I have any problems.”
Ashfaq also spoke of the living conditions he and his workmates.
“It varies between two to 10 people living in a room. If you are lucky you have less people.
That is something we can’t do anything about. It is uncomfortable, but it is our home.”
Pakistani Shezadullah Khan, 29, also said: “I used to hear about other jobs that pay better but thought since my employer brought me here, I could not leave. Now I can look for a change if a better job comes my way.
“I used to be scared to leave my current job.”
Saqr Ghobash, Minister of Human Resources and Emiratisation, attended the event and said: “The UAE is committed to providing all means of protection to workers’ rights.”

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Rules to follow when resigning your job. Why NOC not pre-requisite anymore for switching jobs


The UAE’s Ministry of Labour has recently made several changes to the country’s Labour Law with the aim of making the employee-employer relationship more transparent, as well as mutually beneficial.
The new labour decrees were implemented at the beginning of the year on the directives of Labour Minister Saqr Ghobash.
The first discussed the mandatory offer letter that aims to promote transparency or openness between the employer and the employee.
Q. about how the changes in terminating a limited and unlimited contract will empower the expat workers in the country.
She lists a number of things to keep in mind when terminating limited or unlimited employment contracts, as well as explains why a no-objection certificate (NOC) is not a pre-requisite anymore for switching jobs.
“These amendments to the law should make it easier and quicker for expatriate workers to terminate their employment contracts,” she told Emirates 24|7.
“Historically, employees required a no-objection certificate [NOC] from their employer to leave their employment.
“It was also fairly simple for an employer to place a labour ban on an employee where the employee had not completed at least two years’ service or had terminated a limited contract before the period of the contract had finished,” she says.
“The new changes should increase job mobility for employees and make it easier for workers to change employers.
“As a result of this, we think that employers will seek to improve employees' work conditions and offer better packages as a way to retain staff,” she added.
Procedure to follow when terminating a fixed-term employment contract
Elaborating on the UAE Ministerial Decree 765 of 2015 on Termination of a Limited Contract, She explains that for employees who are employed on a limited (fixed term) employment contract, the relationship can be terminated on
1) expiration of the fixed term - not renewed;
2) Article 120 of the Labour law (termination for cause); and
3) unilateral termination by either party subject to compliance with certain formalities.
These formalities include that each has to notify the other party (maximum of a 3 month notice); the parties have to honour the contractual obligations and indemnify the other with the agreed compensation between one and three months for early termination.
The term of a limited contract cannot extend over two years (maximum term).
The reduction of the fixed term to a two-year limit should bring more flexibility to employees who may want to leave their employer and the term will also be in line with the majority of UAE visas which has a two-year life span.
Procedure to follow when terminating an unlimited employment contract
For those on unlimited contract, the decree states the relationship can be terminated with mutual consent, by giving a notice between 1 and 3 months under article 120 of the UAE Labour Law (Termination for Cause).
The parties involved are to honour obligations throughout the notice period. For terminations all parties should follow legal procedures.
The unlimited employment contract is by its very nature more flexible and currently parties are permitted to terminate the employment contract subject to each party giving notice.
The major amendment in respect of unlimited contracts is the capped duration of notice at three months.
It is a common feature in the UAE to have senior executives and teachers constrained to six months’ notice.
The decrees are intended to create a mechanism in which all employees are free to leave soon after notice is submitted.
This may call for employers to think of other mechanisms of retaining staff, such as long-term incentive plans that vest periodically, or deferred bonus schemes.

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Thursday, 7 April 2016

Abu Dhabi roadside sensors to detect cars that make too much noise

ABU DHABI // New roadside sensors will be installed in residential areas of the capital to detect cars that make too much noise.
The system consists of a sound meter linked to a sophisticated camera. If the noise level from a vehicle is excessive, the camera captures the licence plate and the driver may be fined.
The equipment was designed by Capt Ahmed Al Muhairi, head of safety at Abu Dhabi traffic police, and is thought to be the first of its kind.
Maj Gen Mohammed Al Romaithi, commander-in-chief of Abu Dhabi Police, said it would help to reduce noise pollution.
“Traffic noise is considered a health hazard in Dubai and Riyadh, with the traffic noise levels being 69 and 80 decibels," said Salaheddine Bendak, associate professor inindustrial engineering at the University of Sharjah, who has studied street traffic noise in both cities.
“I think it’s fair to assume Abu Dhabi traffic noise levels are similar to those of Dubai and this is a big health issue that needs to be addressed.
“Such a new technology would be a step in the right direction."
Glenn Havinoviski, a traffic expert in the United States, said the equipment would be useful if the camera and sound sensor were able to differentiate between closely spaced vehicles and determine which ones were too noisy.
He suggested that several sensors be installed on key routes, and should not be obviously visible. “Otherwise, it is possible for drivers to trick the system by maintaining their vehicles at lower volumes near sensor locations," he said.
Vehicle noise is regulated in many countries. Most states in the US have local ordinances that limit noise levels to about 90 decibels. Vehicle noise in the UK is limited to 74 decibels, and Europe-wide legislation will reduce that to 68 decibels by 2026.
Abu Dhabi Police were unable to say on Tuesday what noise levels would be considered excessive, or what penalties offending drivers would face.
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Mixed reactions from people on Dh35 Sharjah Airport fee

The move comes barely a week after Dubai airport introduced the same fee.
The Sharjah Executive Council (SEC) has issued a resolution that calls for collection of a Dh35 departure fee at the Sharjah International Airport for the use of airport facilities and services.

According to Resolution No. 12 for year 2016, the airport facilities' fee will be paid by all passengers,including transit passengers who leave Sharjah through the airport.

Passengers under the age of two, on-duty aircraft crew and transit passengers who have the same flight number for arrival and departure will be exempted.

The decision was taken during the SEC session chaired by Shaikh Abdullah bin Salem bin SultaN Al Qasimi, Deputy Ruler of Sharjah and Deputy Chairman of the Executive Council.

The council also endorsed a memorandum of understanding (MoU) involving the Sharjah International Airport Authority, the General Command of Sharjah Police and the Sharjah Seaports and Customs Department on security measures implemented at the shipping centre of Sharjah International Airport.

Additionally, the SEC discussed a comprehensive study of light signals in Sharjah with a focus on traffic control systems and proposals will be submitted to His Highness Dr Shaikh Sultan bin Mohammed Al Qasimi, Member of the Supreme Council and Ruler of Sharjah.

Reactions of residents were mixed. Egyptian national Islam Al Shiwy said the extra service charges will bring more revenues to fund the ongoing and planned development projects at the airport.

"But this means that passengers have to shell out more money whether they fly through the Sharjah or Dubai international airports as similar additional service charges have been recently imposed on users of Dubai airports," he said.

Sulaiman Al Mahi, a Sudanese expat, said he believed that the extra service charges must have been well-studied to provide better services to the passengers and finance other infrastructure projects.

Adnan Ukasha, a Jordanian resident, said the extra charges will be hopefully used for the development and expansion projects of the airport .

"The move may encourage passengers to fly through the Ras Al Khaimah International Airport, from where they can take their favourite affordable carriers," he said.

Sherif Al Wakeel, an Egyptian, said: "The additional Dh35 service charges, similar to those of Dubai, which means that I would have to pay more than Dh140 to cover my family, and that is really too much as extra charges are to be paid back home at Egyptian airports."
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Sharjah taxi sensors to remind you of forgotten items

"RTA Sharjah taxi fleet transported hundreds of thousands of passengers covering 16,500 daily trips in 2015."
Don't dare to leave your personal belongings in Sharjah taxis! Sensors are ready to 'remind' you of collecting the items forgotten on the seats before getting off.
With 5,040 reports on lost items last year alone, Sharjah Roads and Transport Authority (SRTA) has decided to install 5,400 special sensors in 1,800 out of 5,200 taxi fleet.
Abdulaziz Al Jarwan, Director of SRTA for Transport Affairs, on Tuesday told Khaleej Times that three sensors, worth Dh110 each, are fitted in the passenger front and back doors of each cab.
"These sensors, on trial, are to be fitted in all the 5,200 cabs being operated by four franchise companies across the emirate this year," Al Jarwan added.
"The sensors installed are valued at Dh594,000, and are connected with the LED screen in front of the driver to give a special signal or light if the belongings are left in the taxi." As a passenger gets off the taxi, the sensor alerts the driver that the passenger's items are still on seats.
Al Jarwan said that the sensors will also curb illegal transport by preventing cabbies from transporting any passenger while the meter is off. These sensors are linked with a central operation room at the SRTA headquarters.
"Customers are advised to remember the cab colour, and keep the ticket to easily identify the details of the trip, such as the number plate, operating company, fare, and timing of the trip," Al Jarwan said.
RTA Sharjah had earlier honoured a number of cabbies for honestly returning different amounts of cash, jewels, very important documents and precious items passengers left behind.
Meanwhile, staff quality controllers issued 8,700 fines against cabbies last year for flouting set traffic and conduct rules.
Al Jarwan said: "Some drivers were fined for transporting passengers without turning on the meter while others were nabbed while improperly parking, ignoring the head shoulder rule, smelling bad, and failing to wear the uniform and clean the cab."
A fine of Dh200 to Dh3,000 is slapped against erring driver as per the nature of the violation registered, he added.
Also, an erring cabbie may face suspension or even termination in case of repeating the same violation. "Some 50 staff inspectors are on the roads round the clock to ensure drivers' adherence to rules."
"Once we receive a complaint on the customer service centre (600525252), the driver is summoned for interrogation. If he is proven guilty, the due penalty is enforced." Official statistics show that 4,700 cabbies, with four taxi franchise companies, drive 5,200 cabs on the roads of Sharjah.
"These include 1,239 cabs with Sharjah Taxi, 1,077 with Citi Taxi, 1,137 with Union Taxi, and 1,247 with Emirates Taxi."
These 5,200 cabs ran about 36million trips last year, covering 469,832km, Al Jarwan added.
"RTA Sharjah taxi fleet transported hundreds of thousands of passengers covering 16,500 daily trips in 2015."
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