Several clauses that regulate the relationship between the worker and the employer, as the Ministry of Labor identifies only 9 cases, in order to terminate the contract and deport the expatriates, and then terminate their work immediately.
Through this follow-up, a federal draft law recently approved by the Federal National Council, regarding domestic workers, identified 13 items that make up the contract for the recruitment of a domestic service worker, including the names of the contracting parties, the place of work, its type, the duration of the contract, the amount of the comprehensive wage, and the method Pay it, in addition to the holidays allowed for the worker.
All this, according to the report of the Social Affairs, Labor, Population and Human Resources Committee at the NBK, the draft law identified nine cases that lead to the termination of the employment contract, the most prominent of which are the worker’s disability during work, the death of the employer, and the worker’s absence from work without a legitimate excuse during the contractual year for a period of 10 Continuous days, or 15 intermittent days, and the eighth case linked the termination of the contract to the exhaustion of the sick leave, and the lack of health fitness for service.
9 cases of terminating the contract with the auxiliary service workers
A new permit, as the federal draft law on auxiliary service workers mentioned that, in all cases, upon the termination of the work relationship, the Ministry has the authority to grant the worker a new work permit, or not to grant it, in accordance with the rules it determines in this regard, and taking into account the provisions in force in the state .
Termination of the work contract In this regard, the draft federal law in the matter of auxiliary service workers allows either party to terminate the work contract unilaterally, if the other party breaches its obligations stipulated in Articles 15 and 16 of this law.
It also allowed the employer and the worker to terminate the contract. If it was from the employer, and for a reason not related to the worker, the employer is obligated to provide a ticket for the worker’s return to his country, in addition to paying compensation equivalent to a month’s wages, and any other entitlements to the worker in the hands of the employer, stressing that That if the contract was terminated by the worker.
For a reason due to him after the probationary period, the worker shall bear the expenses of his return to his country. In detail, the articles of the federal draft law regarding domestic workers, which was finally approved by the Federal National Council, focused on documenting and proving the rights and obligations of the employer and the worker, in a unified form of an approved employment contract. By the Ministry of Human Resources and Emiratisation.
This came in accordance with Article Six of the draft law, which requires that the contract be in writing in four copies, one of which is handed over to the worker and the other to the employer, while the third is deposited with the recruitment office, and the fourth with the Ministry. The assistance, through 13 clauses, includes “the names of the contracting parties.
The place of work, the date of its conclusion, the date of commencement of work, its type and location, the duration of the contract, the amount of the comprehensive wage, the method of payment, the vacations allowed for the worker, the probationary period, rest periods and situations that may result in the termination of the contract, and any additional conditions required by the nature of the work and are contained in Contract form approved by the Ministry.
Hence, the draft law indicated that, upon denial and the absence of a legitimate excuse, a claim for any of the rights arising under the provisions of this law shall not be heard after the lapse of six months from the date of the termination of the work relationship. A trial period of three months, which may be extended to a maximum of six months from the date of the worker's receipt of work.
Provided that it should not be repeated with the same employer, unless the two parties agree to employ the worker in a different job than his first job. The draft law identified nine cases for the termination of the work contract, the first of which is the expiry of its term unless it is renewed in accordance with the provisions of this law and its executive regulations and ministerial decisions issued in this regard The second is the death of the worker or his disability during and because of work, and the disability is proven.
His percentage shall be determined by a report from a specialized medical committee, and the employer shall bear the costs of returning the body of the deceased worker. The third case of the termination of the work contract for auxiliary service workers included the death of the employer, as the contract may continue to the end of its term with the approval of the Ministry, while the fourth case relates to sentencing the worker to a freedom-restricting penalty in a felony or misdemeanor.
The fifth is about the agreement of the two parties to terminate the contract, and the sixth is about the worker reaching the age of 60, and the minister determines the cases in which it is permissible to extend the service beyond this age, and according to the seventh case, the work contract ends when the worker stops working without a legitimate excuse.
And that during the contractual year for a period of 10 continuous days, or 15 intermittent days. The eighth case linked the termination of the contract to the exhaustion of sick leave and health unfitness for service, while the last case confirmed the termination of the work contract when it was proven that one of the parties to the contract violated the obligations prescribed by law or agreement.
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