I work in a contracting company. Currently, we are working in one of the company’s site locations almost in the desert area, far away from the city, working in difficult conditions. My questions here are: 1) As per the UAE Labour Law, is the employer obliged to provide us with necessary services such as free food and medicines? A month ago, we demanded these but the employer said these requirements shall be provided at the expense of the employee as per the UAE Labour Law and the company will deduct the same from the salary if they were provided. Please clarify the employees’ rights in this regard. 2) My company pays us for overtime work based on the basic salary, not the full salary. What are the employee’s rights in this regard? 3) In case, the employee has not been paid for overtime work for more than a year, can he still ask for that payment as per the labour law?
The amended Article 101 of Federal Law No (8) of 1980 (UAE Labour Law) provides for the following: “Every employer employing workers in areas remote from towns and not connected with them by any normal means of transport shall provide his workers with the following services:
Adequate means of transport, suitable living accommodation, drinking water, suitable foodstuff, first-aid facilities, and recreation and sports facilities.
“The areas to which all or part of the provisions of this article applies shall be specified by the order of the Minister of Labour. Except in the case of foodstuffs, the cost of the services referred to in this article shall be met by the employer and shall be provided entirely free of charge to the workers.”
Finally, the employer must pay the employee for overtime work based on full salary, not based on the basic salary, as per the Dubai Supreme Court in this regard. The overtime payment is part of the salary; therefore, the employee should ask for it within one year.
Downgrading staff’s position
I have been working in a private company as a human resources manager for more than three years. A month ago, I received an email from the general manager asking me to work permanently in sales instead. It also said they are going to reduce my salary by 50 per cent but I replied that I am not ready and that I will only do my current job as per my employment contract. However, the general manager said that if I decline to work, I might be dismissed immediately. Currently, I’m not allowed to enter the company’s premises as I have been suspended from work. Therefore, I submitted my resignation through an email and quit work. Is my employer acting in accordance with the UAE Labour Law? What is the position of the labour law with regard to my action? Does the employer have the right to downgrade my position for no reason and also reduce my salary? Is sending the resignation via email legal and will that be accepted even if the company has not responded to that email?
As per the Dubai Supreme Court, downgrading the employee in the job ladder by the employer for no reason is considered a form of arbitrary dismissal and the submission of resignation by the employee in this case is an expression of his disagreement to the downgrading. Therefore, the employer’s action is against the labour law and, in breach of his obligations towards the employee, which gives the employee the right to obtain his full rights along with compensation for the arbitrary dismissal. Therefore, I would advise the questioner to file a labour complaint against the company immediately if he fails to reach an amicable solution. Finally, as per the Dubai Supreme Court, sending the resignation via email by an employee is considered legal and acceptable and it does not require any response or agreement from the employer.
— Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
