Employment law is the most widely used Law in the proceedings of legal advisors, and employment issues have traditionally been one of the most debated topics. Even before the pandemic, questions concerning employees’ rights, notice periods, resignations, and a variety of other issues arising from the employer-employee relationship occupied a significant portion of legal counsel’s time. Both employers and employees need to know the complete terms and conditions of their employment contract to avoid disputes later. Almost all the migrants emigrating to the UAE prefer to opt for limited or short-term contracts to earn money. A person can get employment for two years or less under limited-term contracts. But termination of these contracts has created a lot of issues and misconceptions. We are one of the top employment contracts lawyers in the Dubai deal in these cases. One of the wise and the most popular ways to settle the termination of these short contracts is by mutual agreement between employer and employee. Even disputes can be resolved by reaching an agreement. Therefore, both employer and employee should make every effort to agree on terminating their employment contract. If no mutual agreement can be achieved, each party has the option to terminate the job offer immediately. The employment term is a mutual condition of the parties mentioned in the contract, regardless of its length. As a result, both parties must follow it. Without a valid reason, neither the employer nor the employee has the right to terminate employment before the end of the term. Nonpayment of wages, for example, is a valid cause to terminate a contract. If the probationary term ends, the LAW firm must follow the agreement’s employment period requirements. The agreement’s statutory notice term is three months, or three months if there is no such clause in the term. The UAE Labor Law stipulates that an employee is not required to serve the notice period in the following circumstances:
1.) the employer fails to fulfil their responsibilities to the employee as set forth in the agreement or this Law,
2.) the employer or his legal advisor has committed an act of assault against the employee.
While the first scenario is very simple to show in court, the second requires more thought. It is highly recommended to seek legal advice from highly experienced legal counsellors before deciding anything related to the termination of the limited-term contract.
Coming forward to a part-term employment contract, Part-time work is defined under UAE law as a contract in which the employer and the employee (national or foreigner) agree to work for less than eight hours each day. According to the legislation, a temporary job is defined as a contract that lasts no more than 6 (six) months. A full-time or part-time temporary contract is available. A part-time work permit can be applied for by any UAE resident (national or not) who is over the age of 18 and under the age of 65 and has a valid visa.
People on a visit or tourist visas are not permitted to work part-time. If specific conditions are met, a worker can apply for a part-time work permit valid for one year in the UAE. In 2018, the Ministerial Decree (31) established a new rule that permits enterprises to hire skilled workers on a part-time contract basis from inside or outside the nation. Working for the organizational recruitment for fewer than eight hours per day or less than 48 hours per week is allowed under the Part-Time System, and work hours must be at least twenty hours per week in all instances.
Conclusion: The above blog would very well make you understand the importance of legal advice related to employment contracts and labour laws. Shoeb Saher, being one of the best employment lawyers in Dubai, is here to assist you in all these matters. Whether you are facing a problem regarding the termination of a limited-term employment contract or part-time employment in Dubai, we are here to assist you in all the legal matters related to employment contracts. We promise commitment, affordability and accuracy in all the legal matters you bring us!