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Legal View

Samir El Azrak represents Al Moutawaa Wa Al Azrak Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send it to Khaleej Times, Dubai, P.O. Box 11243.

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Women must not be made to work at night

Q. I work as a secretary with an office here. As far as I know, women must not be made to work during night time according to the UAE law. However, my boss insisted that I have to work till 12 midnight saying there are exceptions to this rule. Is he right? Please, advise.

A. First, it should be clear that women, under Article 27 of the Federal Labour Law, must not be made to work during night time. The expression "night time" denotes a period of not less than 11 consecutive hours including the period from 10pm to 7am.

However, some cases are exempted as per Article 28 of the same law. These include:

Cases where work in the establishment stops because of force majeure.

Work in technical and administrative posts involving responsibility.

Work in health and other services that shall be determined by the Minister of Labour if the working woman does not usually perform a manual job.

New stint after contract renewal part of service

Q. I have been working with a trading company here for nearly two years. My two-year limited contract of employment shall be renewed this month. My employer, who was alerted that I have got a better job offer with another company, said he would renew my contract for five years and regard me as a new employee upon renewal of the contract. This means he would deprive me of my dues. What am I supposed to do? Please, advise.

A. Under Article 38 of the Federal Labour Law, if the period of the labour contract is fixed, it must not exceed four years.

The said contract may only be renewed for a similar period by mutual agreement of the parties - employer and employee. It may also be renewed for a lesser period.

In case of renewing the contract, the new period or periods shall be considered a continuation of the original period. It shall be added thereto when calculating the total period of the employee's service.

Argument could result in increment being withheld

Q. I work with a big factory here. I got involved in a heated argument with one of my colleagues. As a disciplinary measure, the employer deprived me of three regular increments and bonuses which we take every year. Is this legally right?

A. According to Article 106 of the Federal Labour Law, the punishment depriving an employee of his regular increment must not be imposed more than once in a year. Neither shall the said increment be postponed for more than six months.

· Compiled by Ahmed Shaaban

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