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Labour laws differ in govt and private sector

KK Sarachandra Bose (Legal View) / 3 October 2011

I work in a private company here, but I am planning to quit soon. I wonder if there is a difference between government and private sector in terms of the end of service benefits. Please, advice.

As per the UAE legal system, labour laws regarding the employees in the government sector and private sector are different. The Federal Law No. 11/2008 on ĎHuman Resources in the Federal Governmentí governs the labour rights of the employees in the public sector. Federal Law No. 8/1980 on ĎRegulating Labour Relationsí governs the labour rights of employees in the  private sector.

As per Article No 114 of the Federal Law No. 11/2008 the end of service benefits of the UAE National employees shall be calculated as per the provisions of Federal Law No. 7/1999 on issuance of pensions and social security law and the amending laws thereof. A non UAE national employee, working in public sector,  upon termination of his service is entitled to end of services as follows: (i) Basic salary for one month for each year of the first five years of service; (ii) Basic salary for one and a half month for each year for the second five years of service; (iii) Basic salary for two months for each year of service  exceeding 10 years.

A public sector employee is not entitled to end of service benefits in case the period of his service is less than one year consecutively. For the purpose of calculation of end of service benefits the period of notice and accumulated leave shall be calculated as part of the period of service and a part of the month is considered as  full month. The above mentioned benefits are limited only to employees working in the government sector. Employees working in the private sector shall not be eligible for the benefits mentioned above. End of service benefits of the employees working in the private sector shall be calculated as per provisions of Article No. 132 of the Federal Law No. 8/1980. As per Article No. 132, an employee who completes one year or more in continuous service shall be entitled to gratuity at the end of his service.

The days of absence from work without pay shall not be included in calculating the period of service. The gratuity shall be calculated as follows: (i) 21 daysí basic salary for each of the first five years of service; (ii) 30 daysí basic salary for each additional years of service on condition that the total of the gratuity shall not exceed the basic salary of two years.

Maid visa

We had employed a maid for the last three years. This year, just two days before her annual leave was over, she called a relative of hers in Dubai and informed her that she will not be returning to Dubai. I have been told by the Immigration department enquiry service that in order to cancel her visa she needs to send her original passport. I have not heard directly from my maid, and her phone is switched off, so I cannot get in touch with her. What should I do? What is the procedure to cancel the maidís visa? Is cancellation possible only with the original passport? I need to employ a new maid urgently and cannot wait till the expiry of the previous maidís visa. What are my options?

In order to cancel your maidís visa before its expiry, the original passport of your maid is required. From your letter, I understand that your maid has not returned after the annual leave and has not informed you about her absence. You may therefore file a complaint at the Dubai Naturalization and Residency Department stating the above facts and you may also apply for a new maidís visa before the expiry of the previous maidís visa.

Overstay fine

One of my relatives had been working as a labour supervisor with a company here. His visa has expired and got cancelled as well. Unfortunately, he has overstayed his already expired visa for 30 days. Would there be a fine on him? If so, how much? How is the fine calculated or what is the rule here?

Your relative is liable for overstaying in the country and may face imprisonment and deportation. Fine for overstay is Dh100 for the first day and Dh25 each for the rest of the days.

KK Sarachandra Bose is a Partner/Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai PO Box 11243.

Compiled by Ahmed Shaaban

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