UAE Labour Law Section 7 - Working hours

VII. WORKING HOURS

1. What are the prescribed working hours?

The maximum prescribed working hours for an adult employee is eight hours daily or forty-eight hours per week. However, the working hours may be increased to nine hours per day in the case of persons employed in trades, hotels, cafeterias, guards.

2. Would travelling to and from work be included in working hours?

No, the time travelling to and from work is not included in working hours.

3. Are breaks included during working hours?

The employee may not work for more than 5 consecutive hours per day without breaks for rest, food and prayer. However, the resting and the food will not be included in calculating the working hours. In the case of factories where people work day and night, shifts or jobs where for technical and economical reasons, continuance attendance is required, the ministers shall specify the manner in which the employee may take intervals for rest, prayer and meals.

4. In what situations does overtime exist, and on what basis is it calculated?

If the nature of the job requires overtime, the employee shall be paid overtime and the payment shall be equivalent to the wage paid for the ordinary working hours plus an increase of not less than 25% of his wage for the overtime period. However, if the employee's overtime fall between the hours 9.00 p.m. to 4.00 p.m. the employee will be entitled to an overtime equivalent to the normal working hours plus an increase of not less than 50% of his wage for the overtime period.

If circumstance of work require the employee to work at the place of work on Friday, he shall be given another day for rest during the week as a substitution or be paid a basic wage plus a minimum of 50% of that wage. However, the employee shall not be asked to work two consecutive Fridays unless his wages are calculated on a daily basis.

In any circumstances, overtime shall not exceed two hours in a day except where work is necessary to prevent big losses, a serious accident or to remove traces of such an accident, or reduce its effects.

The above provisions however, will not be applicable to the following persons.

Persons in a senior position, or in an administrative supervisory role, if such persons have similar authority over employees, as the authority of the employer.
Crews of naval ships and marine employees who enjoy special privileges because of the nature of their work. This does not include port employees engaged in loading and unloading and other related work.

Original link : http://gulfnews.com/guides/ask-the-law/uae-labour-law/uae-labour-law-section-7-working-hours-1.1208185

HOW TO STAY MOTIVATED DURING YOUR JOB SEARCH

Nothing beats that feeling when you first set out on a search for a new job. You’re excited for the future, eager to embark on new challenges and highly motivated to wow potential employers. However, those who find their job search is taking longer than expected, these feelings of optimism can soon wane, and job hunting starts to feel like a chore. With each rejection comes niggling doubts about your skillset, and it’s easy to question whether you’re even doing the right thing or if it would be easier to simply stay in the same job you’re already in.

However, to be successful in your search for a new job, it’s crucial that you try to push these worries and frustrations aside, and these tips will help you do so.

1. Remember why you want a new job

What was your initial motivation for looking for a new job? After weeks of unsuccessful job hunting we can easily lose sight of our primary motivation and feel like it’s easier to stay in the same job. Perhaps you want new challenges, more flexible work hours, to break into a new industry or simply find a role in a company where there’s room to move up and gain more responsibility. Perhaps you’d like a higher salary or more benefits, or an opportunity to learn new skills.

Whatever your motivation for leaving your existing job, don’t lose sight of it. Every time you feel frustrated with the job search, keep your motivation in mind and remind yourself that the right job will arrive eventually, providing that you continue to work hard enough to get it. It’s also helpful to write down your career goals, and maybe even a career bucket list, which you can return back to during tough times to ensure you stay focused on the right path.

2. Deal with rejection constructively

It’s awful being rejected for a job you desperately wanted, particularly when you felt as though the interview went well. It’s natural to feel disheartened, but make sure that you don’t take rejection personally and instead use it as a way to improve. Seek feedback from the company as to why you weren’t right from the job, and listen to and take on board what they have to say. We’ve written more on how to deal with job search rejection here, so check that out if you tend to struggle each time you’re turned down for a role.

3. Take some time off from the job search

With hours being spent searching for positions, completing applications and preparing for interviews, the job hunt can seem like a job in itself. Take a week off and focus on other things in your life, or even take the time to upskill yourself in an area that will boost your CV. After a short break, you’ll have renewed energy and motivation for the job search.

4. Lean on your support network

Chatting to family, friends and mentors about your job search can give you an outlet for your frustrations and help you see things from a different perspective. Didn’t get a response from that job you applied for? Perhaps a chat with your best friend will help you realise it wasn’t quite right for you anyway. Cringing over an interview that didn’t go as well as you’d hoped? Maybe your career mentor will give you some tips on how to nail them in the future.

5. Use online resources to keep your head in the game

We all need some inspiration every once in a while, so when you’re feeling low, seek some out online. Try watching a Ted Talk that features someone you look up to, and let yourself be picked up by their inspirational words.

6. Don’t be too hard on yourself

Look back on what you’ve achieved in your life so far and remember how capable you are. In particular, remind yourself of how far in your career you’ve come, the skills you’ve picked up along the way and the amount of knowledge you have. Doing this will help you to stay positive and realise what a great asset you will be to the right company – all you have to do is find them.

I hope you have found this blog useful, you may also find the below blogs and SlideShare presentation to be a valuable resource whilst job hunting:

• A simple guide to writing the perfect resume/CV
• How to optimise your LinkedIn profile
• How to make full use of technology during your job search
• Common cover letter mistakes
• How to market yourself in your job search
• Focus your interview on fit
• Stop making these common job search mistakes

Source : https://social.hays.com/2016/09/29/how-to-stay-motivated-during-your-job-search/

Six ways to keep your Job Application Ready

It’s common for people to take one of two approaches when they are open to considering new job opportunities. Some take a proactive approach; they contact their recruiter and start applying for suitable vacancies. Others prefer to keep an eye on roles that become available, ready to jump into action as soon as they see their perfect job.

Regardless of which category you fall into, you need to be job application ready. After all, you never know when your ideal role will become available. To help you stay job application ready, we suggest you follow the below steps:

1. Regularly update your CV and online profiles

Add your latest achievements and successes and update the skills listed on your CV and online professional profiles regularly. This ensures you are putting your best foot forward.  Ask for endorsements and testimonials from former employees and colleagues to add to your online profile. Make sure your CV and online profile match – any inconsistencies send up a red flag.

2. Upskill

Look towards the future. Read relevant blogs, attend webinars and join industry networks so you are aware of, and can prepare, for changes within your industry. Then you can update your skills accordingly. Continuous professional development doesn’t necessarily mean a formal course though. Why not look for ways to add to your skills and experience in your current role? Volunteer to work on projects, look for a mentor or ask for stretch opportunities. Make sure your digital skills continue to move forward.

3. Network

Join an industry association and relevant LinkedIn groups. Contribute a post or share a blog online, and volunteer for any opportunity to get further involved in your industry association. Don’t expect opportunities to come to you straight away though – networking is about building up relationships and getting yourself known in your industry.

4. Are your skills in demand?

The job market is active and the number of available highly-skilled candidates is falling. With both permanent and temporary vacancies on offer, highly skilled and experienced professionals are sought across many industries and sectors. Are your skills in demand? It pays to be aware of demand and recruitment trends for your role.

5. Update your USP

How old is your unique selling point (USP)? Your USP positions you in the candidate market based on your personal strengths, skills, experience and value. It spells out why an employer should select you above all other candidates. Update it as required to ensure it communicates the unique value you can bring to an organisation. If you don’t have one, it’s time to identify your USP.

6. Keep in touch with your recruiter

Keep in contact with your recruiter and ask her or him to send you regular updates on job market trends and available roles. This helps you stay on top of the latest developments and what employers are looking for in new employees. You’ll also gain insights into current salary trends and any new soft or technical skills required in your industry.

Source : https://social.hays.com/2017/02/01/six-ways-to-stay-job-application-ready/

Thank you note from Susan Joseph

Hi maliga, thank you very much for the reference.. I greatly appreciate the time and effort you expended on my behalf! Received my offer letter! Thank you so much again!!! You are doing a great job, keep up the good work!!!

What makes or breaks employee loyalty in UAE?

With a lot of people forecast to quit jobs next year, businesses have been encouraged to focus on staff loyalty

Dubai:  With the year 2017 forecast to be a period of job hopping in the UAE and across the Gulf, businesses have been encouraged to find ways to retain talent and foster staff loyalty.

Loyalty is one of the key ingredients to the success of a company. Employees who display a high level of commitment to their organisation don’t just stick around for a very long time, they tend to work hard and are more efficient.

And when it comes to loyalty, there appears to be just one biggest motivator of all – money.

In a new study conducted recently, nearly half (48 per cent) of workers in the UAE consider the size of their monthly paycheque, as well as the compensation and benefits packages, as the biggest factor influencing staff loyalty.

About a third (28 per cent) are specific about salary as the biggest motivator, followed by compensation and benefits (20 per cent), direct managers (18 per cent), top management (17 per cent) and team members (17 per cent).

Online job portal Bayt.com, which conducted the study from November 4, 2016 to December 10, 2016, also said that office environments are also an important “loyalty factor” for many of UAE employees.

In order to increase staff loyalty, companies should also invest in the career growth of their employees, with nearly four in ten respondents (38.2 per cent) in the region citing lack of promotion and career development as the biggest factor that can damage loyalty.

Low salaries (28.2 per cent), as well as unfair division of work and responsibilities (22.1 per cent) and biased or subjective feedback (11.6 per cent) can also damage staff loyalty.

“Employers should be well aware that granting opportunities for growth and advancement and truly listening to what matters to the employee are among the best ways to win their loyalty and support,” said Suhail Masri, vice president of employer solutions at Bayt.com.

“We are not simply talking about retention here. Employee loyalty is parallel to dedication, trustworthiness and positive work ethics. Targeting loyalty plays a central role in furthering the success strategy of an organisation or company, regardless of size and activity sector,” she added.

The results of the survey were based on a total of 8,223 workers, employers and human resources (HR) professionals from the UAE, Algeria, Egypt, Jordan, Kuwait, Lebanon, Morocco, Oman, Tunisia, Qatar, Saudi Arabia and Yemen, among others.

Application for Clearance Certificate from Sri Lannka Police

Direct link is here
http://www.police.lk/index.php/component/content/article/36-police-divisions/91-application-for-clearance-certificate

Employee can claim compensation for dismissal 'without a good reason

Worker may be entitled to claim compensation for arbitrary dismissal in addition to what is being offered by her employer

My wife was working in a private company for four years on an unlimited contract under my sponsorship in Dubai. She was made redundant without notice while she was five months pregnant. The termination letter stated that the company was undergoing restructuring. Her employer would provide her the end of service benefits and one month's pay.

My question here is: Is she entitled to maternity benefits as she cannot join a new company at this point. Are there any labour laws regarding this?

Also the health insurance provided by her employer would be cancelled this month. Since health insurance is mandatory from January 1, 2016, I understand most of the insurance companies are likely to charge a high premium since she is already pregnant. What are her legal rights? 

As the termination notice was served during her pregnancy, it may not be stated to a certainty if your wife may be eligible for receiving benefits generally associated with maternity, as the Employment Law is silent on this issue.

Upon a broad reading of the legal provisions, it may be understood that usually a female employee is entitled to such benefits when the employee's pregnancy and the delivery occur during the period of service. However, the provisions are not very clear on whether an employee shall still be entitled to receive benefits even if the termination of employment occurred during pregnancy. Article 30 of the Employment Law is cited below for your reference -

"A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.

On the expiry of her maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women's work or confinement. The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave."

KNOW THE LAW Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances.

However, conferring of maternity benefits may also follow provisions of internal corporate policies, and it may be advisable for your wife to check on the necessary provisions/circulars/handbook which may have been issued by her employer for more clarity as such.

It is further noted that, your wife's employer has offered to pay her gratuity and a month's salary, in furtherance of termination of her employment, the reason for which is stated as corporate restructuring. However, it may be noted that your wife may be entitled to claim compensation for arbitrary dismissal in addition to what is being offered by her employer. Arbitrary termination refer to situations where employment contracts are terminated without a good reason. In this regard, Articles 122 and 123 of the Employment Law are cited for your reference.

Article 122: A worker's service shall be deemed to be arbitrarily terminated by his employer if the reason for termination is irrelevant to the work. More particularly, a termination shall be regarded as arbitrary if it is prompted by a formal complaint filed by the worker with the competent authorities or a legal action instituted against the employer that proved to be valid.

Article 123: 1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.

In view of the foregoing, your wife may prevail upon her employer to pay her compensation for arbitrary termination of employment contract as well.

Further, it is noted that the insurance coverage for your wife (as provided by her employer) shall be expiring this month. Since her visa is under your sponsorship, you shall be liable to obtain a medical insurance for your wife. This is in accordance with the rules prescribing mandatory insurance coverage vis-à-vis the provisions of Article 9 of Dubai Health Insurance Law No 11 of 2013 which reads as follows:

1. The responsibility of prescription to health insurance shall be as follows: 

• The government, as for nationals, shall be in accordance with the policy of health insurance and the controls determined by the authority pursuant to the resolutions issued in such concern.
• The employer, as for the employees thereof, in accordance with the policy of health insurance applicable by such employer, providing that the health benefits prescribed by such policy shall not be less than the basic coverage.
• The sponsor, as for the persons sponsored thereby, providing that the health benefits provided by such sponsor shall not be less than basic coverage.
• The entity specified by the authority in coordination with the competent authorities as for visitors. 

1. Health insurance shall be provided to the persons entitled thereto by a contract concluded between the entities referred to by Paragraph (A) of this Article and the insurance company or the entity specified by the authority in accordance with the standards issued by the authority is such concern.
2. The cost of covering the beneficiary by health insurance shall be borne by the entities referred to by Paragraph (A) of this Article." 

As such, the insurance coverage may be provided by you individually, or you may arrange to extend the insurance coverage provided by your employer to your wife as well, if such option be available.

You may contact the Ministry of Human Resources and Emiratisation for further enquiries, and also in the event of a dispute concerning your wife's employment.

Cheated by real estate firm

I have been renting a 2BHK flat in Abu Dhabi since October 2012 on a single payment for one year contract. Initially there was a delay of two months to handing over the flat to me due to the renovation works and once that was completed, the real estate firm gave me a new tenancy contact with the new date, starting from January 1, 2013. Since then I have been renewing the flat for one year on the month of October.

On October 10, 2016, I renewed the flat by paying the complete amount for the year 2017 with the same company and I received the tenancy contract along with the bill from the company. On November 15, 2016, I saw a notice on the building from a new real estate company, saying that the contact/contract with the old company had expired on May 21, 2016, and this new company has taken over the entire building from November 15, 2016. There is a gap of almost six months between two companies as per the notice.

Now, this new real estate company refused to give me the thawtheeq and the Abu Dhabi Distribution Company has disconnected electricity, saying that I shall show the tawtheeq for reconnection. On my request the company reconnected the same for 15 days and informed me that the power will be disconnected again if I failed to show the tawtheeq.

When I contacted the owner of the building, he said he was helpless as the previous real estate company disappeared.

I am in a dilemma and kindly advise me where to go to solve this issue. 

KOW THE LAW Tawtheeq system was introduced as means of registration of leasable property details and tenancy contracts in the Emirate of Abu Dhabi. In accordance with the existing regulations, people having made bona fide payments of rents are entitled to receive all services pertaining to tawtheeq.

Pursuant to your questions, it may be noted that the tawtheeq system was introduced as means of registration of leasable property details and tenancy contracts in the Emirate of Abu Dhabi. In accordance with the existing regulations, people having made bona fide payments of rents are entitled to receive all services pertaining to tawtheeq.

However, following the facts stated hereinabove, it may be noted that as you had sought to renew your tenancy, the erstwhile agent had deliberately concealed facts from you in respect of expiry of their contract with the owner, and may have committed fraud as they accepted rental payment for property and issued tenancy contract even when they were no longer authorised to do so.

It may therefore be advisable for you to initiate legal action. You may approach the Rent Disputes Settlement Committee/ the Department of Municipal Affairs of Abu Dhabi in this regard.

You may also consider to take the assistance of a legal practitioner who may aid and advise you further in this regard. 

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.