UAE employer entitled to regulate time and place for workers to use mobile phone

Abdulrahman Saeed, Staff Reporter

The Ministry of Human Resources and Emiratisation (MOHRE) has confirmed that domestic workers must comply with the instructions of their employer, unless these instructions contravene the terms of the contract, the law, public order or public morals, or expose the assistant worker to danger or legal liability.

This is in accordance with the employer's right to allocate a period and a place for domestic worker to use mobile phone.

The Ministry indicated that a domestic worker is entitled to sick leave for a period not exceeding 30 days in a contractual year.

This leave may be taken continuously or intermittently, provided that a medical report issued by an accredited health authority in the country substantiates the worker's need for it.

The first 15 days of sick leave are compensated at the full rate, while the subsequent 15 days are compensated at half the rate.

Furthermore, an assistant worker shall not be entitled to a paid sick leave if the illness was caused by his misconduct.

With regard to the question of authorisation for the employer to deduct from the assistant worker's wages, the Ministry has indicated that there are two distinct cases.

In the event that the assistant worker commits an act of grave fault or violation of instructions, resulting in damage to the employer, the latter may, with the consent of the domestic worker or with the consent of the Ministry if the worker does not consent, deduct from his/her wages up to 25 per cent of the amount necessary to compensate for the damage.

This may include, for example, the loss or damage of tools, machinery, products or materials owned by the employer, or which are in the custody or control of the domestic worker.

Should the parties fail to reach an agreement with the Ministry, the dispute shall be referred to the judiciary.

Furthermore, the employer is obliged to deduct from the worker's wages an amount sufficient to satisfy any debts resulting from a court judgement, with a maximum deduction of one-quarter of the wages in question.

In the event of a dispute between a domestic worker and a recruitment office, which has not been resolved through amicable means, the matter must be referred to the Ministry.

The Ministry will then take legal action to settle the dispute amicably. In the event that the dispute cannot be settled amicably, the matter will be referred to the competent court.

It also explained that in the event of a dispute between an employer and a domestic worker, and in the absence of an amicable resolution, the matter must be referred to the Ministry, which will take whatever measures it deems appropriate to settle the dispute amicably.

In the event that an amicable settlement is not possible, the dispute will be referred to the competent court.

In response to the question of when the domestic worker and the employer may terminate the labour contract and what is the obligation of the employer and the worker if he terminates the contract, the Ministry stated that either party to the labour contract has the right to terminate it by unilateral will if the other party breaches its obligations.

If the other party breaches their obligations, the labour contract can be terminated by the employer.

However, if the employer terminates the contract for reasons not attributable to the domestic worker, the employer must provide a ticket for him/her to return to homeland and pay any other dues owed to the worker by the employer.

However, if the contract is cancelled by the domestic worker after the trial period due to reasons attributable to him/her, the obligations shall be as specified in the following cases: If the domestic worker is recruited by name/direct recruitment, the he/she must pay for return to homeland and any other outstanding payments owed by the employer.

If the worker is unable to pay for hi return, the employer must cover these costs. If the worker is recruited through the recruitment office, the office must cover the expenses of returning the worker to his/her country.