A reader from Dubai asks: I have been working in a company for five months; I am on probation. The employment contract stipulates that the probation period is six months, but my manager told me that as per company policy, the probation period is 10 months. He also showed me the policy which states the same. Secondly, my offer letter states that my salary will be raised by Dh6,000 as soon as I finish my probation period. This seems to be the reason that the company is increasing the probation period. What legal recourse can I take in this case?
The UAE Labour Law, article 37 states the following: “A worker may be engaged on probation for a period not exceeding six months during which his services may be terminated by the employer without notice or severance pay; provided that a worker shall not be engaged on probation more than once in the service of any one employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be considered as his period of service.”
Therefore, the employer’s action contravenes the labour law. The questioner should file a complaint before the Ministry of Labour in case he fails to reach an amicable solution with his employer.
Overtime clause
A reader from Dubai asks: I have been working in a company for more than four years under a limited contract. My labour contract — attested by the Ministry of Labour — states that employees are required to work eight hours a day or a maximum of 48 hours a week. For the past six months, I have been working for more than 10 hours a day without overtime. In my offer letter there is a clause stating that the company has the right to ask the employee to work overtime for two hours a day without pay. All employees were forced to accept this clause. Any employee asking for overtime will have his/her services terminated immediately. Under UAE law, does my company have the right to terminate my services if I ask for overtime? Is this clause mentioned in my job offer letter valid under the law?
The UAE Labour Law, article 65 states the following: “The maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes and of guard duties and any other operations where such increase is authorized by order of the Minister of Labour and social affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the Minister of Labour and Social Affairs.
The normal hours of work shall be reduced by two during the month of Ramadan.
The periods spent by a worker in travelling between home and place of work shall not be included in his hours of work.”
Therefore, the employer has violated the above article and if the employer refused to pay the value of overtime hours, the questioner shall file complaint before the Ministry of Labour in this regard and if the employer terminates the employment contract in case the employee asks for his overtime, in this case the employer as per the UAE labour law will be in breach of the employment contract. Finally regarding the clause mentioned in the offer letter is considered null and the employer has no right to agree with the employee on such clause which violates the labour law.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent