Further Labor Rights And Their Claim
There exist some additional rights which are incorporated in the labor contract
such as commission and bonuses. On the other hand, if the extinction
happens within the probation period, which can be 6 months or less depending on
agreement, the employee will not have right to argue the rights that are
mentioned above. He will merely be permitted to unpaid salary, charges for
extra hours of work and air ticket. The bar time on labor matters for Dubai
based companies is 1 year from the instant of termination of the labor contract.
Claiming the Rights:
It is important that in order for an employee to be capable to
pertain for UAE Labor Authorities concerning any legal matter, he/she should
have or had a work permission and/or company sponsorship. Or else Labour Lawyers in Dubai, UAE and UAE Labor Authorities will not
deal with a matter. The Ministry of Labor and Social Affairs known as the
Ministry is the main body who held accountable for the parameter of manpower
recruitment and it plays a considerable role in resolving labor differences
among employers and employees. It must be noted that all labor disputes must
primarily be submitted to the Labor Department of the Ministry for friendly
settlement if the company is onshore. The same regulation is appropriate in the
Free Zones. On
the other hand, Free Zones constitute their own Legal Department where lawyers
are not permitted to attend. Due to this reason, before filing a case to the
Court, one must take a correspondence of reply from Free Zone Legal Department
for his claim.
Working for Governmental Entity:
In a case if an employee works for Governmental Entity, he must
relate to the ruler office first and they have to concern Non-Objection
Certificate (NOC). The application is then passed to the concerned labor
authority, which will assemble a meeting between the employee and the employer.
The objective of such meeting is to approach to the settlement of the issue
through the assistance of Labour & Employment Lawyers.
Requirement of Labour Code:
One may be unsure about the reasons of going through the above mentioned steps. Certainly, it is one of the most significant requirements of Labor Code. Applying through these labor authorities’ is going to assist people to settle a high rate of issues between employers and employees. Furthermore, such measures save the time of both parties and decrease the number of cases before the courts. However the labor lawyers are not competent to attend the meetings with the labor authorities. This step has to be made face-to-face by employee. The filing of argue to labor authorities does not charge anything, and that can be counted as extra benefit of this procedure.
Who are these Labour & Employment Lawyers
Labour & Employment Lawyers are the lawyers expert of UAE Labour Law. These Advocates in Dubai are mostly hired by Law Firms in Dubai. Top most Law Firms in Dubai and also in UAE also work with top most Labour & Employment Lawyers. Many Lawyers are among top best in world and having international reputation. A Lawyer is supposed to be a Labour & Employment Lawyers who is at home in following descpline;
He must be expert of Labour & Employment Law Cases.
He must be having great knowledge of UAE Labour Law and its articles.
He must have License.
Second Point is to have knowledge of UAE Labour Law. What is this UAE Labour Law? UAE Labour Law is drafted and implemented by UAE Government in 1981. It was drafted and implemented to maintain the peace of society. It would have become a big CAOS and mess, if such a law had not been drafted and implemented. Therefore the Labour & Employment Lawyers must have good knowledge of UAE Labour Law. Its quite logical that entire UAE Labour Law can not be memorized but the major part of the UAE Labour Law should be memorized by a good attorney. It helps to provide legal advise, to clients. It helps to answer to court quickly. It helps to attend expert meetings with confidence.
License is essential to start the practice. A Lawyer without license can not practice nor represent the client in Court. License is the certification and authorization and it makes the practice of lawyer legitimate. One should also check the license of lawyer if he is counselling with him. Its OK the owner of the Law Firm will be licensed and Emirati Lawyer, but please make sure that legal consultant who is dealing with you, should also be having license. License to practice.
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