Sa kasalukuyan ang buong mundo ay may malaking suliranin sa pang financial. At sa kadahinanang pong ito kabi-kabila ang tanggalan ng mga manggagawa sa iba’t-ibang kumpanya. At upang mapangalagan po natin ang ating mga sarili lalo na dito sa Gitnang Silangan ay dapat malaman po nating ang ating mga karapatan bilang maggagawa.
Nobody plans to lose their job, but if the worse comes to the worse you need to be prepared.
REDUNDANCY RIGHTS
Article 120 of UAE federal law states the legal reasons for termination. If you have not been laid off for one of these reasons, your service will be deemed to have been arbitrarily terminated by the employer. You should therefore receive a payment equal to three month’s salary.
These reasons are:
• If you, the employee, assume a false identity or nationality and submit forged certificates or documents.
• If you are still on the agreed probationary period.
• If you commit a fault resulting in financial loss to the employer. However, the employer must send evidence that this has happened to the Ministry within 48 hours of the contract termination. They can not submit it after that time.
• The employee disobeys instructions on safety in the workplace, and causes a risk to other workers. These instructions must be in writing and posted clearly.
• The employee defaults on basic duties, as stated on the contract, and fails to redress such duties following an official warning. The agreed disciplinary process may differ from company to company – but there must be a warning from your employer. A verbal warning is hard to prove. It should be in writing.
• If you are convicted of a crime against honour, honesty or public morals in a court.
• The employee reveals any of their employer’s confidential information.
• If you are found in a state of drunkenness or under the influence of a narcotic drug during working hours.
• The employee assaults a manager or workmates during working hours.
• The employee absents himself from work without good reason for more than 20 non-consecutive days in a year, or more than seven consecutive days.
• If you haven’t committed any of the above and haven’t received correct payment, you should not sign your employer’s termination letter. Then, go and speak to your employer. Don’t go in guns blazing, as that never helps matters. Just have your rights, from articles 120-123 of UAE Federal law, at
the ready.
• If you work in a free zone you have access to free legal advice. Ask to speak to a labour disputes person, who will clarify your rights for you. If you then wish to make a complaint against your employer, they will write it out for you on the authority’s letterhead paper and forward it to them via email or fax. Your company will then have seven days to answer the complaint. In most cases, if an employee complains that a company has broken federal law, they will back down and hand over pay. If they don’t, the free zone’s authoritative body will demand they do. The authoritative body will then take them to court and make a complaint against their trade licence.
• If you work in a commercial zone, you can go to the Ministry yourself. However, they don’t tend to write many letters. You can also go to the police and launch a complaint – a letter from the bailiffs will then be sent to the company.
• If you’re an expat who’s been arbitrarily dismissed and your company cannot prove that you will find another job, they are obligated to pay for your flight home. They also have to pay gratuity and for any holiday not taken. During your notice period they must also provide for your medical and, if it was included in your employment contract, your car…
• Many HR departments either aren’t aware of these rights, or don’t pass them on as they are afraid for their own jobs.
If you’ve been made redundant or work in HR and want to find out more, call Nuria on 050 6581655 or email her at nuria@realhrconsult .com
TANDAAN PO NATIN
“walang manloloko, kapag walang magpapaloko. “
