Has your salary not been released? Report to ministry

No claim of any entitlement due will be heard if brought to court after the lapse of one year from the date on which such entitlement became due.

Suppose two LLC companies are owned by a single owner and sponsored by two individuals. Under these circumstances is it legal for an employee sponsored by one of the two companies to work in the other company.

b) There is delay in releasing the salaries in the company where I'm employed. What is the best way to deal with this situation in order to have the pending salaries released? Reporting to Labour department or filing a case in the appropriate court or with any other authority? Normally how long does the process take? Should the complainant surrender the passport to the authority concerned while the case is under process? Approximately what may be the expenses involved? What are the documents the complainant will have to provide?

It is understood that you are working at an entity in the UAE, while your visa is issued by a different entity. It is further understood that in the two entities, the 49 per cent shareholder is the same individual, while the 51 per cent Emirati shareholders in both entities are different individuals. And it is presumed that your employment is subject to the provisions of the Federal Law No 8 of 1980 of the Regulation of Labour Relations (the 'Labour Law').

Pursuant to your question, it may be advised that under the prevailing labour regulations in the UAE, it is not permissible for an individual to work in one entity while his visa is issued by a different entity, especially where the Emirati shareholders who hold 51% stake are two different persons in both the entities. This is in violation of the existing labour regulations which may attract penalties for both the entities and the employee. Further, it may be noted under certain circumstances an individual may be allowed to work for an entity other than the entity who has issued his visa, if he has secured a no-objection letter from the visa issuing entity subject to the approval of the Ministry of Labour.

Subsequently you have mentioned that you have not received your salaries for some time now. In view of this, it may be advised that you may report the matter to the Ministry of Labour and register a complaint against the entity that you are working for. In this regard we may refer to Article 6 of the Labour Law which states as follows: "Without prejudice to the provisions concerning collective labour disputes states in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned Labour Department. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably.

If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute - the arguments of the two parties and the observation of the department. The court shall, within three days from the date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the labour department to explain the note submitted by it.

In all cases no claim of any entitlement due under the provisions of this law will be heard if brought to court after the lapse of one year from the date on which such entitlement became due. Also no claim will be admitted if the procedure stated in this Article is not adhered to."

Once a complaint is registered, the Ministry of Labour usually takes four weeks for an amicable settlement of disputes between the employer and the employee. Subsequently, if no amicable settlement is reached between the parties as aforesaid, the dispute may be referred to the court of first instance - labour division. There is no fixed time-span for proceedings at the court of first instance, though due care is taken to settle disputes with an expeditious concern.

No need to surrender passport

Further it may be advised that in case of labour disputes, a complainant normally does not have to surrender his passport to the concerned authority unless there is a specific order from a court of competent jurisdiction asking the individual to submit his passport.

Usually cases of labour disputes initiated by the employees are exempt from court fees at all stages of litigation. However, few minimal expenses may be required for preparation of necessary documents. We may refer to Article 5 of the Labour Law which states: "Cases brought by employees or their beneficiaries under this law shall be exempted from court fees at all stages of litigation and shall be heard in an expeditious manner. Where the court does not accept the claim or dismisses the case, it may order the claimant to pay all or part of the expenses."

Further it may be advised that the number and nature of documents to be submitted may vary from case to case, but essentially you will be required to submit copies of your labour card, your Emirates National ID and your labour contract along with copies of any other employment contract that you may have signed with the entity you are working for and or the visa issuing entity. In addition, you will be required to submit an application form typed in Arabic, the services for which are usually available at the offices of the Ministry of Labour.

12-month notice a must for eviction of tenant

I have been asked to vacate my flat without prior notice. My landlord is not ready to renew my contract which expires in a month. I was not informed earlier. My payments are on schedule. Can he evict me without prior notice? I live in Dubai.

It is understood that you live in Dubai in a rented apartment and the owner of your apartment is not willing to renew your tenancy contract which expires in a month's time. Further, it is noted that you are asked by the owner of your rented apartment to vacate the apartment with no prior notice.

Pursuant to your questions it may be advised that, in order to not renew a tenancy contract and seek eviction of tenant, owner of a property must serve a written notice to the tenant at least 12 months prior to the expiry of a tenancy contract or 12 months prior to the date of eviction sought by the owner of a property, whichever is later. The owner of a property should serve such a notice, duly attested by the Notary Public, to the tenant through the court bailiff or by registered mail, in accordance with the provisions with of clause 2 of Article (25) of the Tenancy Law which states as follows:

"Landlord may demand eviction of tenant upon expiry of tenancy contract limited in the following cases:

a. If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefitting from the leased property, provided that necessary licenses are obtained;

b. If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is to be submitted to this effect;

c. If the owner of the property wishes to vacate the property for personally use or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose;

d. If the owner of the property wishes to sell the leased property;

And for the purposes of clause (2) of Article (25) of the Tenancy Law, a landlord must notify a tenant stating one or more of the aforesaid reasons."

In view of the above the owner of your rented apartment should have notified you 12 months prior to the expiry of a tenancy contract or the 12 months prior to the date of eviction sought by the owner, whichever is later and such a notice should have been served upon you through the court bailiff or by registered mail. Since the owner of your apartment did not comply with the aforesaid requirements you are not obliged to vacate the apartment upon completion of tenancy contract. If this matter is not amicably resolved between you and the owner, either of you may approach the committee for the resolution of rental disputes, in Dubai.

Source : http://khaleejtimes.com/legalview/legal-view-report-to-ministry-if-salary-not-released

10 Things Employees Want From Leaders (But Won't Tell Them)

What keeps employees happy isn't always as obvious as it may seem.

It's no secret. Employee satisfaction has everything to do with business success. An employee who jumps ship costs your business around 20 percent of his or her salary -- and that's just part of the impact. Workplace productivity, company culture and brand reputation can all suffer when just one team member quits.

But let's be honest: There isn't always an open line of communication between executives and employees. Even if the channel exists, employees often fear voicing their wants, needs and feedback will make them seem like complainers and lead to negative repercussions.

If a vibrant, productive, innovative workforce is on your list of priorities for 2017, consider some things your employees might want but won't tell you.

1. Updated Workplace Technology

If technology doesn't exist, doesn't work properly, or doesn't help your employees do their job, productivity will suffer. In addition to the most common workplace technologies, there is a bevy of mobile applications, collaborative tools, multimedia tools and more that are worth investing in to bolster productivity, efficiency and employee engagement.

2. Less Micromanaging

Micromanagement weakens your workforce's ability to think for themselves. It also stretches management teams too thin and strips employees of their autonomy. This is not an environment in which innovation thrives, and could drive your top talent out the door.

3. Greater Flexibility

Mobility is one of the greatest gifts technology has given today's workforce. Over 60 percent of workers report having the option to work outside the office at least part time. According to a Forbes report, these people are generally happier, too, because they "enjoy the freedom and flexibility."

As for the other 40-something percent of employees who still haven't been given the option? Don't be surprised if they leave for a company that supports greater work-life balance.

4. A Clear Career Trajectory

Your employees want to know what opportunities lie ahead and where your organization sees them fitting into its future. Without a clear vision, motivation fizzles and employees feel unfulfilled and underappreciated.

5. Continuing Education Opportunities

Development is important in a job, according to 87 percent of millennials, which makes it a top employee retention factor. If you want to cultivate an ambitious workforce, you must provide them with opportunities to continue their education, hone their skills and grow as professionals.

6. An Ergonomic Work Environment

About 30 percent of human life is spent working. As reported by Medical News Today, sitting for long periods of time every day has a remarkably negative impact on our health. By investing in ergonomic chairs, desks and keyboards, you can create a healthier environment for your employees that allows them to work with less exertion and greater efficiency. A more comfortable workspace will also improve employee engagement and overall productivity.

7. Logical and Effective Processes

Another element that kills job satisfaction is illogical processes. If employees are forced to abide by workflows and protocols they know are inefficient, and nothing is done to improve processes, they may seek a more progressive employer.

Pro Tip: Space, reservation and asset management technology will help leaders identify workflow bottlenecks and adjust floor plans to streamline processes and better support resource demands.

8. Recognition & Appreciation

Employees want to be seen and heard by managers and executive leaders. They want recognition for a job well done, constructive feedback if they fall short and routine performance reviews so they know where they stand.

9. Inclusion

The science behind why social media is so popular is our inherent human desire to belong. The workplace is no different, which means a strong company culture goes a long way with employees. Define your brand's purpose and values, assign cultural ambassadors, invest in the treatment of your employees and create events that fortify inter-office relationship building.

10. Fair Compensation

We placed this "want" last on the list because surprisingly, it's not the most prioritized item on your employees' wish list. But it still matters. Your employees know what they're worth, and online platforms like Glassdoor and PayScale make sure of it. Competitive compensation will keep your staff loyal and motivated.

Just because your employees haven't mentioned the above items doesn't mean they aren't top of mind. But ensuring you're making efforts to meet these 10 wants and needs, you'll enjoy a happier, more fulfilled and more productive workforce.

Source http://www.inc.com/elizabeth-dukes/10-things-employees-want-from-leaders-but-wont-tell-them.html

UAE Labour Law Section 7 - Working hours

VII. WORKING HOURS

1. What are the prescribed working hours?

The maximum prescribed working hours for an adult employee is eight hours daily or forty-eight hours per week. However, the working hours may be increased to nine hours per day in the case of persons employed in trades, hotels, cafeterias, guards.

2. Would travelling to and from work be included in working hours?

No, the time travelling to and from work is not included in working hours.

3. Are breaks included during working hours?

The employee may not work for more than 5 consecutive hours per day without breaks for rest, food and prayer. However, the resting and the food will not be included in calculating the working hours. In the case of factories where people work day and night, shifts or jobs where for technical and economical reasons, continuance attendance is required, the ministers shall specify the manner in which the employee may take intervals for rest, prayer and meals.

4. In what situations does overtime exist, and on what basis is it calculated?

If the nature of the job requires overtime, the employee shall be paid overtime and the payment shall be equivalent to the wage paid for the ordinary working hours plus an increase of not less than 25% of his wage for the overtime period. However, if the employee's overtime fall between the hours 9.00 p.m. to 4.00 p.m. the employee will be entitled to an overtime equivalent to the normal working hours plus an increase of not less than 50% of his wage for the overtime period.

If circumstance of work require the employee to work at the place of work on Friday, he shall be given another day for rest during the week as a substitution or be paid a basic wage plus a minimum of 50% of that wage. However, the employee shall not be asked to work two consecutive Fridays unless his wages are calculated on a daily basis.

In any circumstances, overtime shall not exceed two hours in a day except where work is necessary to prevent big losses, a serious accident or to remove traces of such an accident, or reduce its effects.

The above provisions however, will not be applicable to the following persons.

Persons in a senior position, or in an administrative supervisory role, if such persons have similar authority over employees, as the authority of the employer.
Crews of naval ships and marine employees who enjoy special privileges because of the nature of their work. This does not include port employees engaged in loading and unloading and other related work.

Original link : http://gulfnews.com/guides/ask-the-law/uae-labour-law/uae-labour-law-section-7-working-hours-1.1208185

HOW TO STAY MOTIVATED DURING YOUR JOB SEARCH

Nothing beats that feeling when you first set out on a search for a new job. You’re excited for the future, eager to embark on new challenges and highly motivated to wow potential employers. However, those who find their job search is taking longer than expected, these feelings of optimism can soon wane, and job hunting starts to feel like a chore. With each rejection comes niggling doubts about your skillset, and it’s easy to question whether you’re even doing the right thing or if it would be easier to simply stay in the same job you’re already in.

However, to be successful in your search for a new job, it’s crucial that you try to push these worries and frustrations aside, and these tips will help you do so.

1. Remember why you want a new job

What was your initial motivation for looking for a new job? After weeks of unsuccessful job hunting we can easily lose sight of our primary motivation and feel like it’s easier to stay in the same job. Perhaps you want new challenges, more flexible work hours, to break into a new industry or simply find a role in a company where there’s room to move up and gain more responsibility. Perhaps you’d like a higher salary or more benefits, or an opportunity to learn new skills.

Whatever your motivation for leaving your existing job, don’t lose sight of it. Every time you feel frustrated with the job search, keep your motivation in mind and remind yourself that the right job will arrive eventually, providing that you continue to work hard enough to get it. It’s also helpful to write down your career goals, and maybe even a career bucket list, which you can return back to during tough times to ensure you stay focused on the right path.

2. Deal with rejection constructively

It’s awful being rejected for a job you desperately wanted, particularly when you felt as though the interview went well. It’s natural to feel disheartened, but make sure that you don’t take rejection personally and instead use it as a way to improve. Seek feedback from the company as to why you weren’t right from the job, and listen to and take on board what they have to say. We’ve written more on how to deal with job search rejection here, so check that out if you tend to struggle each time you’re turned down for a role.

3. Take some time off from the job search

With hours being spent searching for positions, completing applications and preparing for interviews, the job hunt can seem like a job in itself. Take a week off and focus on other things in your life, or even take the time to upskill yourself in an area that will boost your CV. After a short break, you’ll have renewed energy and motivation for the job search.

4. Lean on your support network

Chatting to family, friends and mentors about your job search can give you an outlet for your frustrations and help you see things from a different perspective. Didn’t get a response from that job you applied for? Perhaps a chat with your best friend will help you realise it wasn’t quite right for you anyway. Cringing over an interview that didn’t go as well as you’d hoped? Maybe your career mentor will give you some tips on how to nail them in the future.

5. Use online resources to keep your head in the game

We all need some inspiration every once in a while, so when you’re feeling low, seek some out online. Try watching a Ted Talk that features someone you look up to, and let yourself be picked up by their inspirational words.

6. Don’t be too hard on yourself

Look back on what you’ve achieved in your life so far and remember how capable you are. In particular, remind yourself of how far in your career you’ve come, the skills you’ve picked up along the way and the amount of knowledge you have. Doing this will help you to stay positive and realise what a great asset you will be to the right company – all you have to do is find them.

I hope you have found this blog useful, you may also find the below blogs and SlideShare presentation to be a valuable resource whilst job hunting:

• A simple guide to writing the perfect resume/CV
• How to optimise your LinkedIn profile
• How to make full use of technology during your job search
• Common cover letter mistakes
• How to market yourself in your job search
• Focus your interview on fit
• Stop making these common job search mistakes

Source : https://social.hays.com/2016/09/29/how-to-stay-motivated-during-your-job-search/

Six ways to keep your Job Application Ready

It’s common for people to take one of two approaches when they are open to considering new job opportunities. Some take a proactive approach; they contact their recruiter and start applying for suitable vacancies. Others prefer to keep an eye on roles that become available, ready to jump into action as soon as they see their perfect job.

Regardless of which category you fall into, you need to be job application ready. After all, you never know when your ideal role will become available. To help you stay job application ready, we suggest you follow the below steps:

1. Regularly update your CV and online profiles

Add your latest achievements and successes and update the skills listed on your CV and online professional profiles regularly. This ensures you are putting your best foot forward.  Ask for endorsements and testimonials from former employees and colleagues to add to your online profile. Make sure your CV and online profile match – any inconsistencies send up a red flag.

2. Upskill

Look towards the future. Read relevant blogs, attend webinars and join industry networks so you are aware of, and can prepare, for changes within your industry. Then you can update your skills accordingly. Continuous professional development doesn’t necessarily mean a formal course though. Why not look for ways to add to your skills and experience in your current role? Volunteer to work on projects, look for a mentor or ask for stretch opportunities. Make sure your digital skills continue to move forward.

3. Network

Join an industry association and relevant LinkedIn groups. Contribute a post or share a blog online, and volunteer for any opportunity to get further involved in your industry association. Don’t expect opportunities to come to you straight away though – networking is about building up relationships and getting yourself known in your industry.

4. Are your skills in demand?

The job market is active and the number of available highly-skilled candidates is falling. With both permanent and temporary vacancies on offer, highly skilled and experienced professionals are sought across many industries and sectors. Are your skills in demand? It pays to be aware of demand and recruitment trends for your role.

5. Update your USP

How old is your unique selling point (USP)? Your USP positions you in the candidate market based on your personal strengths, skills, experience and value. It spells out why an employer should select you above all other candidates. Update it as required to ensure it communicates the unique value you can bring to an organisation. If you don’t have one, it’s time to identify your USP.

6. Keep in touch with your recruiter

Keep in contact with your recruiter and ask her or him to send you regular updates on job market trends and available roles. This helps you stay on top of the latest developments and what employers are looking for in new employees. You’ll also gain insights into current salary trends and any new soft or technical skills required in your industry.

Source : https://social.hays.com/2017/02/01/six-ways-to-stay-job-application-ready/