Rights of the Employees Term Paper

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[. . .] If by any chance an employee is caught without work permit, the employee will be presumed as guilty as the employer.

Considerable forms of defense for workers have been provided by the UAE Labor Law and ministerial decrees. Any worker has the complete right to file a complaint at the Labor Department in the Ministry of Labor about a disagreement with his owner. Employers can be given severe penalty in case of disobedience with the labor laws.

The worker has the right to protest about the organization albeit he is working on a visit visa. Any other form of proof is inadequate to confirm that he is working for the organization (HRW, 2006).

The Rules and Regulations for an employee to sponsor his family

There is a precise judgment that addresses this topic. There are exact professions that are permitted to support not only their family but also their maids.

Workers that are permitted to sponsor their relatives must earn the least amount wage of Dhs. 4,000 per month or if the owner provides housing or Dhs 5,000 or if the owner does not give housing (HRW, 2006).

The Remedies for an employee in the event of non-payment of wages

This is a susceptible issue and the Ministry of Labor is very stern with owners concerning this topic. Any worker has the right to file objection before the Labor Department to assert such delay or failure to pay of wages by his/her owner. Owners who are in default are thus subject to strict penalty.

In some cases, the Human Rights Departments in the UAE is drawn in, in addition to the Ministry of Labor Inspection Department (Deane and McGeehan, 2008).

Employees (Especially Laborers) Bearing the brunt of labor disputes

Labor arguments, generally, can make both parties suffer whether directly or indirecntly. Nevertheless most of the time, workers maintain direct losses, being the weaker party.

If a worker is incorrectly accused, it is a cruelty of the structure by the owner and the worker must try to protect himself.

In many cases the worker cannot pay for official legal representation for his defense, wherein the owner has the monetary facilities to launch and follow through on a legal case against an employee.

But there have been cases in the past where the owners have also suffered (Deane and McGeehan, 2008).

On Employees Accused Of Absconding

Absconding assumes more importance because of the legal implications on both parties. Most of those accused of absconding are mid-level to low-skilled workers.

Specific ministerial rules currently administer this issue (HRW, 2006).

On The Legal System Being Too Expensive For An Employee With A Low Income

There is no filing cost to file a claim before the Labor Department and the subsequent appointment of the matter to the court is free of cost. Lawyers are not allowed to come before the Labor Department.

As far as gaining good lawful counsel, that can be an obstruction to many workers as legal fees can be too high for low wagers.

The language barriers are also one of the main hurdles for them as it creates problem because they are not able to communicate properly and also they do not understand the language well.

The Average Time Period, If A Case Goes Into A Court To Get A Verdict

At first, an objection must be filed with the Labor Department and it generally takes about 2-6 weeks depending on the difficulty of the topic and the accessibility of the parties to attend the sessions.

It is vital to note that the role of the Labor Department is that of an intermediary and if the owner and worker don't reach an agreeable decision (with the assistance of the labor officer), the matter is sent to the court.

Cases can also be filed with or two sections of the Court. Initially the lower ones claim the division that is (claims less than Dhs 100,000) or the higher claim divisions that are (claims over Dhs 100,000).

The standard span of time for the court to do the analysis of a case in the Lower Claims Division is 2-6 months and as far as the Higher Claims Division is concerned it is roughly 2-4 months.

In some cases, a professional is allotted to evaluate the matter and issue a proper detailed report to the presiding judge, and this act may increase the time period for a conclusion or the final verdict to be rendered.

Moreover a party can file a plea of the verdict of the Court of First Instance to the Appellate Court (HRW, 2006).

References

Human Rights Watch (HRW) (2006). Building Towers, Cheating Workers: Exploitation of Migrant Construction Workers in the United Arab Emirates. HRW, 18 (8).

Keane, D. And McGeehan, N. (2008). Enforcing Migrant Workers' Rights in the United Arab Emirates.… [END OF PREVIEW]

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Rights of the Employees.  (2013, March 12).  Retrieved February 20, 2019, from https://www.essaytown.com/subjects/paper/rights-employees/4936752

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"Rights of the Employees."  12 March 2013.  Web.  20 February 2019. <https://www.essaytown.com/subjects/paper/rights-employees/4936752>.

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"Rights of the Employees."  Essaytown.com.  March 12, 2013.  Accessed February 20, 2019.
https://www.essaytown.com/subjects/paper/rights-employees/4936752.