It should be noted that providing a good working environment is the basic responsibility of the employer. Article 94 of the Federal Law No. 8 of 1980 relating to Labour Relations (the 'Labour Law') states: "Without prejudice to the provisions of the regulations and orders issued by the competent government authorities, an employer shall ensure perfect cleanliness and ventilation in each workplace and shall provide each workplace with adequate lighting, drinking water and toilets."
Article 97 of the Labour Law states: "The Minister of Labour and Social Affairs may, after consulting the Minister of Health, by order prescribe the general precautions and health protection measures applicable to all establishments employing works, and, in particular, the measures relating to safety, lighting, ventilation, canteens, the supply of drinking water and water for washing, the elimination of any dust and smoke polluting the air, and the precautions to be taken against fire and electricity."
You may lodge a complaint with the senior management and or shareholders of your employer against such managers who smoke at the work place during working hours. It is the responsibility of your employer not to allow any employee to smoke in the working premises and the employer may post 'No Smoking' sign/boards within the premises.
Alternatively, your employer may exclusively provide a 'smoking zone' with all safety measures outside the working premises particularly in the resting area which allows the employees who wish to smoke may be doing so during the break period.
Further, Ministerial Order No. 28/1 of 1981 regarding Mode Disciplinary Code, A Guide to Employees in making Disciplinary Regulations Applied in Their Undertaking, an employee who smokes in his work place or in a place not allowed for smoking has to pay a penalty of one day's salary for first time offence, two days' salary for second time offence, three days' salary for third time offence and five days' salary as penalty for fourth time offence. In the case if repeated more than the fourth time, the employer may issue a warning notice and terminate such employer on disciplinary grounds.
Question
Harassment: My directors misbehave with us and don't let us go home after office hours, sometimes asking us to work for 14 to 16 hours in a day.
We work on all public holidays and without an off on Fridays. If we don't come on Friday, our pay is deducted.
Answer
employer may require you to work during public holiday(s) and day(s) off, provided your employer compensates you with (i) a holiday on another day; and (ii) 50 per cent extra salary of your basic monthly salary, on pro rata basis. In the event the employer does not compensate with a holiday on another day then the employer should compensate you by paying 150 per cent of your basic monthly salary, on pro rata basis in accordance with Article 81 of the Labour Law which states: "Where the circumstances of the work require a worker to work on public holiday or rest day in respect of which the worker is entitled to full or partial pay, the worker shall be granted compensatory leave in respect of such day(s), together with a bonus equal to 50 per cent of his remuneration. If the worker is not compensated for such day(s) by leave, his employer shall pay him a bonus equal to 150 per cent of the basic remuneration in respect of the days worked."
In accordance with the provisions of the Labour Law, the maximum normal hours of work has been prescribed as eight hours a day or alternatively 48 hours a week, which may subsequently be increased to nine hours a day depending on the place of work. This is in accordance with Article 65 of the Labour Law which states:
"The maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes and of guard duties and any other operations where such increase is authorised by order of the Minister of Labour and Social Affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of Minster of Labour and Social Affairs. The normal hours of work shall be reduced by two during the month of Ramadan.
The time spent on travelling between home and place of work shall not be included in the hours of work."
Further, it may be noted that all employees are entitled to receive payments in respect of overtime work. Overtime work is defined as the work which is done more than the normal hours of work. This is in accordance with Article 67 of the Labour Law which states, "where the circumstances of work require a worker to work more than the normal number of hours any period worked in excess shall be treated as overtime, for which the worker shall receive the remuneration equal to that corresponding to his normal hours of work, plus a supplement of at least 25 percent of the remuneration."
Subsequently Article 68 of the Labour Law states: "Where the circumstances of the work requires a worker to work overtime between 9pm and 4am he shall be entitled in respect of such overtime to the remuneration stipulated for his normal hours of work, plus a supplement of at least 50 per cent of the remuneration."
However, it may also be advised that the payment for overtime work shall depend upon your designation and nature of your work, as there are certain areas of work which have been exempted from the applicability of the rules pertaining to payment for overtime work. This is in accordance with Article 72 which states: "The provisions of this Chapter shall not apply to the following classes of person:
"Persons holding responsible managerial or supervisory positions, if such positions confer upon the holders the powers of an employer over workers. The categories in questions shall be specified by order of the Minister of Labour and Social Affairs.
"Workers constituting the crew of seagoing ships and persons employed at sea and enjoying special conditions of service on account of the nature of their work, except dock workers engaged in loading and unloading and related operations."
Further, it may be advised that if you are facing harassment from your employer, you may consider to leave your employment without giving a notice. This is in accordance with Article 121 of the Labour Law which states: "A worker may abandon his work without notice in either of the following cases:
1) If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this law.
2) If he is assaulted by the employer or the employer's legal representative."
And in view of the foregoing, it would be prudent on your part to approach the Ministry of Labour, UAE, and file a com
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