Living In UAE

Reader complaint

UAE: I was hired on a temporary contract, what are my rights?

The reader was subcontracted to a bank and was fired after 11 months

Published: October 04, 2020 10:42 Huda Tabrez, Living in UAE Editor

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Gulf News reader asks: What are my rights in case of a short-term contract? — The reader was hired on a short-term contract but worked for longer than initially agreed upon. Image Credit: Stock image

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The reader worked for a bank, but was subcontracted through an agency. — The initial contract was for six months. Image Credit: Stock image

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Initially the contract stated that the reader would not get end-of-service benefits. — The worker, however, extended for 11 months. Image Credit: Gulf News

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The reader was informed on Whatsapp that her contract was terminated. — The contract was terminated due to COVID-19. Image Credit: Gulf News

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The end of contract forms sent provided a different date of intimation. Image Credit: Gulf News

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The reader wanted to know her rights in such a situation. Image Credit: Stock image

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I told them that unless they change it, I would not sign. I may not get an experience letter from them — Image Credit: Gulf News

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Gulf News raised the query with Jihene Arfaoui, Legal Research at Al Suwaidi and Company, advocates and legal consultants. — Temporary work contracts are issued by MOHRE. Image Credit: Supplied

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Temporary work contracts are issued by MOHRE for short-term work assignments. — If you are hired for a specific project, MOHRE also issues short-term work permits. Image Credit: Gulf News

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The contract should clearly state the duration of work. — If the contract is extended, it needs to be clearly communicated and due legal process followed. Image Credit: Stock image

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The probation period cannot be extended further than six months. — Find out more about your rights and responsibilities during the probation period, here: gulfnews.com/1.1601474121483 Image Credit: Gulf News

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if the company ended the contract during COVID-19, Resolution No. 279 issued by MOHRE would also apply. — What is Resolution No. 279? Read here: gulfnews.com/1.70765230 Image Credit: Gulf News

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1- Application of the remote work system 2- Grant paid vacation 3- Grant leave without pay 4- Reduce wages temporarily during the period referred to 5- Reduce wages permanently — The resolution offered a gradual approach that a company could take to counter the impact of COVID-19. Image Credit: Stock image

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She advised individuals who may have concerns about their rights to raise the issue with MOHRE’s Twa-fouq centres. — Twa-fouq centres have been set up by MOHRE to assist UAE's workers to raise any labour complaints. Image Credit: Stock image

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The reader can raise a complaint with MOHRE within one year of the issue from the last working day. — The reader would need to present all the necessary documents and correspondence to file the complaint. Image Credit: Gulf News

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If he was terminated during COVID-19 times, he can argue that the company did not follow the resolution issued during that time. — The employer should also have followed the steps laid down in Resolution No, 279 by MOHRE. Image Credit: Gulf News

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Also, it is important to note that if there is any extension of a contract, it would need the approval of both parties, not just the employer — Image Credit: Gulf News

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If a worker is subcontracted, he or she would need to deal with the agency that hired them. — The agency is the employer whom the reader needs to deal with. Image Credit: Stock image

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At the Twa-fouq centre, the officer will ask the company’s representative to also be present, and try to reach a settlement between the two par — Twa-fouq centres mediate between the employer and employee to reach a settlement. Image Credit: Stock image

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If no settlement is reached, the case would then be sent to the Labour Court. — Read our detailed guide on how to file a labour complaint with Twa-fouq centre here: https://gulfnews.com/1.1598367448791 Image Credit: Stock image

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