Episode 1 – Emirates Diary Podcast – Standard Offer Letters
In this Podcast episode you will learn in depth about MOL Decree 764 which was released in the late 2015 and effective January 2016. MOL keeps updating the UAE Labour Law to match the growth of the country and to improve the standards of the laws to match with international best practices.
In this episode, I interview Thenji Macanda.
Show notes of Episode 1 of Emirates Diary Podcast (EDP001)
- Standard Offer Letters
; - Labour Contract;
- 9 New Languages of Labour Contract to make it simpler to read: Bengali, Urdu, Hindi, Malayalam, Nepalese, Tamil, Chinese, Srilankan;
- How it will benefit you as an employee;
- How it will benefit you as an employer;
- How will this reduce number of complaints at Ministry of Labour;
[powerpress]
About the Expert
Thenji Macanda is a UK trained and qualified specialist Employment Associate based in Taylor Wessing
‘s Dubai office.
Thenji effectively advises clients with contentious and non-contentious matters on a wide range employment issues predominantly based on the UAE Labour Law (including the various free zone employment regulations) and DIFC Employment law.
Thenji’s client base consists of local, multinational entities and private individuals that require specialist advice on employment matters including, redundancy, corporate restructure, termination of employment, employee/ employer disputes. Over the years, she has gained solid experience in drafting employee/ consultancy terms and conditions, staff handbooks, company policies and procedures.
Prior to joining Taylor Wessing’s Employment team in July 2015, Thenji independently managed a niche Employment department in a local reputable Dubai firm for over three years. Thenji is an Admitted Solicitor of the Senior Courts of England and Wales and prior to working in the Middle East, she worked in the Employment Rights Unit of the largest national firms in the UK for five years.
Thenji is currently registered on the Pro-Bono volunteer scheme at the DIFC (Dubai International Finance Centre Courts) and regularly provides specialist Employment law updates and HR Seminars.
Thenji’s relevant experience includes:
- Advising corporate entities on various general employment issues, managing and liaising with local advocates in contentious matters throughout all litigation stages.
- Advising a Construction Company on the introduction of internal Company policies and procedures.
- Advising Multinational Company on a variation of existing terms and conditions.
- Reviewing employment contracts and handbooks in accordance with DIFC Employment Law and UAE Labour Law.
- Advising and assisting corporate entities in the negotiation and settlement of employment disputes and to successfully avert the need for litigation.
- Advising a Company with regards to the transfer of employees in the UAE from an off-shore entity to an on-shore entity.
About Taylor Wessing
Taylor Wessing is an international law firm with 28 offices in 17 jurisdictions and 1200 legal advisers. We have been operating in the Middle East for nearly 20 years and have very strong relationships with some of the regions key government agencies, banking institutions, global corporate entities and regulatory bodies. We advise on all aspects of business law. This includes corporate, commercial, banking and finance, construction, real estate and dispute resolution.
I hope this Podcast Episode has cleared your doubts on the ‘Standard Offer Letters’ topic. If you still have queries, please do comment below.
6 thoughts on “EDP001: Standard Offer Letters as per UAE Labour Law (Podcast)”
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Hi,
employed under unlimited contract for the last 6 years. The salary does not come in time, pending 4 months. Very bad pay master… I have resigned the current company, but employer refuses resignation and troubles. What should i do? iam in trouble. pls. guide me.
Thanks for the PODCAST.
The problem is the enforcement of laws is too soft.
This may stop the terms being changed, but some employers may simply cut the wages after a couple of months. Some employers will still pay late, despite the Wage Protection Systems. I would not put it past some employers to change the position to a lower one within a couple of months.
Then there is a trick where the EMPLOYER uses and AGENCY . The Agency sent an offer to the employee. However, during the contract execution the Employer simply refused to pay the Agency to pass on benefits mandated in Federal law such as annual leave, public holidays, end of service gratuities, return flights, and also benefits mentioned in the contract. Though UAE LABOUR LAW PARAGRAPH 2 states that
“The persons supplied by a recruitment agent or a labour supplier shall, immediately upon joining the service of an employer, be considered employees of that employer and shall be entitled to all the rights enjoyed by the employees of the establishment in which they are employed. The relations between such employees and the employer shall be direct and without any interference from the labour agent whose task and relation with
them shall cease to exist as soon as they are introduced to and employed by the employer”. In this particular case the EMPLOYER HR department simply refused to answer any correspondences, where the only alternative is to go to a court of law or the labour department.
These abuses should be criminalized as under HK Law. For instance not paying the EMPLOYEE severance, or even paying wages late, or under paying can result in THREE year’s imprisonment and a HK$350,ooo fine. Something on those lines would reduce many of the problems in the UAE.
Deepak
Many thanks and congratulations on your initiative.
Where can we get a standard format copy of the std offer letter? Also,where can I get the MOL decree 764 copy?
Rgds
Diana
Regds
Dear sir Deepak,
We would like to know few queries we have regarding limited contract employment.
a) If an employee resign and breaks limited contract , as per law does he require to pay visa cost incurred on him including medical done and health card cost for residence visa.
b) Does he also require to pay 45 days basic salary in addition for break of limited contract.
c) If he works for one year does have to bear air ticket on giving resignation
d) Does he have to bear cancellation cost incurred on cancellation
Please advise.
Kevin
Hi there,
I’m working with a Difc based company on part time basis but on company’s sponsorship. Now I’m being offered one more job; which I’m confident l, can be handled along with DIFCs part time one. The question is, is it possible for me to work with another company while on Difc visa?
Nice initiative Deepak!