When an expatriate leaves his home country to live in UAE to earn a living, then he has already received his offer letter from the employer. The professional relationship between a company and its workforce begins even when they are not in the same countries with this letter.
The labour contract, issued after the offer letter, mentions the duties of employees and their rights which they are authorized to claim from the employer. Labour lawyers in Dubai draft this legal document and it is duly signed by both parties.
The labor contract should not be confused with the official labour contract as the latter is drafted as per the template provided by the Ministry of Human Resource and Emiratization. People working in the UAE are suggested to get an official labour contract to avoid any legal accountability.
Legal rules affecting the employees and employees within the premises of UAE are:
What is an Employment Contract?
According to Article 125 of Federal Law No. 5 of 1985, the employment contract is:
“A coming together of an offer made by one of the contracting parties with the acceptance of the other, together with the agreement of then both in such a manner as to determine the effect thereof on the subject matter of the contract and from which results in an obligation upon each of them with regard to that which each is bound to do for the other”.
Considering the law, it can be stated that the Offer letter, official labour contract, and labour contract provided by the company all are considered as binding contracts. Employment lawyers in Dubai should ensure the validity of these documents as per the lawful criteria.
- The Priority of Employment Contracts
The legislation of UAE governing employment-related matters states that the most recent contract should only be considered valid. Employment lawyers in Dubai suggest that both parties should act as per the recent contractual terms as it takes the place of the older contracts.
- Arabic Supersedes other languages
Article 2 of UAE Federal Law No. 5 of 198 on Labour relationship states that:
“The Arabic Language is the one to be used in all records, contracts, files, statements, and other documents as may be provided for in this Law or in any orders or regulations issued in implementation of the provisions hereof. The Use of Arabic shall also be compulsory in instructions and circulars issued by the employer to his employees. If a foreign language besides the Arabic language is used, the Arabic language shall prevail over other texts.”
- The Interest of the Employees
Article 7 of UAE Labor Law states that:
“Any conditions contrary to the provisions of this Law, albeit precedent to the date of effectiveness, shall be null and void unless they are more advantageous to the worker”.
- Registration of Contracts
Employees and employers should get hire employment lawyers in Dubai as they are also providing legal services in Ajman, Sharjah, and Fujairah. They will assist them to register the employment contacts in immigration and labor authorities