LAW 4104: Analysis of UAE Labor Law and HR Management Practices

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Added on  2023/05/28

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This report provides a comprehensive overview of UAE labor law and its implications for human resource management. It begins with an introduction highlighting the significance of adhering to labor regulations when recruiting employees and establishing employment contracts. The report then delves into various aspects of the UAE labor law, emphasizing the importance of written contracts, notice periods for termination, and the rights of employees regarding salary negotiation. It discusses key articles from the UAE Labor Law, including those related to the definition of a worker and employer, temporary work, and the necessity of written contracts. The report further elaborates on the required content of employment contracts, such as the duration of employment, salary, and probation periods, with reference to specific articles of the law. It highlights the legal requirements for contract renewals and the consequences of non-compliance. The conclusion summarizes the key takeaways, emphasizing the need for organizations to follow UAE labor law to ensure legal and ethical employment practices. The report is based on a case scenario involving the hiring of an HR and Administration Manager and includes references to various legal sources and websites.
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1HUMAN RESOURCE MANAGMENT UAE LABOR LAW AND RELATIONS
Running head: Human Resource Management UAE Labor Law and Relations
Human Resource Management UAE Labor Law and Relations
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2HUMAN RESOURCE MANAGMENT UAE LABOR LAW AND RELATIONS
Human Resource Management UAE Labor Law and Relations
Introduction
With the intention to recruit an employee, an organization must follow certain
legislation. Based on the case scenario, a contract will be developed for the position of HR
and Administration Manager for a limited contract of two years for the purpose of new
recruitment. Hence this study aims to explore various factors and rules of UAE labor law. It
will help to establish a proper contract with Mr.Bilal Yuseph, who has been hired by the
company. However, the contract will generate as per the work procedure and mutual
understanding. Various aspects of labor and contract law have explained through the study
with the purpose of making an adequate contract for the selected candidate, wherein both the
organization and Mr.Bilal Yuseph will be satisfied.
Discussion
With respect to employment in the UAE, the higher associates must be aware of
certain terms and conditions. Thus, it will be essential for the company to state these factors
while preparing the contract. Initially, employees in any working sector are associated with
the labor law. Secondly, the contract or other requests in the employment contract must be
provided in a written document. In the case of termination, an organization must provide
notice or warning before the termination. The employee has rights to bargain salary prior to
the final employment. However, it has a certain limit, after that the organization can reject the
request of an employee (Global Legal Group, 2018). These are the major conditions, which
has to be taken into consideration while preparing a contract for Mr.Bilal Yuseph in the post
of HR Administration Manager. According to the Article (1) of the UAE Labor Law, the
worker is an individual, who will receive remuneration from an organization and employer is
a person that provides that salary to the worker. With respect to the temporary work, it must
be set off based on a specific period of time. Hence, in the contract of Mr.Bilal Yuseph, the
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3HUMAN RESOURCE MANAGMENT UAE LABOR LAW AND RELATIONS
timeframe of two years needs to be maintained in the contract. The employer has rights to
control employee as per the work and provide remuneration for the work. It is generally
conducting through an agreement, which called “Employment contract” (ILO, 2018). Hence
the head officials and Mr.Bilal Yuseph must develop a contract in the initial stage of
employment. The contract should also mention that Mr.Bilal Yuseph is employed fulltime
along with the salary.
According to Chapter 3 Section I Art. 35 of the UAE labor law, each of the factors of
employment must be in written form in the contract and two hard copies must be kept by both
parties for the purpose of evidence. At the same time, Art. 36, 37, and 38 have reflected that
the time of employment as well as the amount wages must mention within the contact. It is
essential to state the probation period of six months in the contract of Mr.Bilal Yuseph. The
contract should also include the terms and condition that in any circumstances if Mr.Bilal
Yuseph leaves his work within the probation period, then he would not be entitled to gate any
payment. An organization has rights to create a contract, which has four years of the
maximum limit. After the four years, each contract must be renewed by the organization,
however, in the case of Mr.Bilal Yuseph, the contract will be made for two years (GulfTalent,
2007). On the other hand, Article 40 states that parties of a contract have rights to extend the
agreement after the expiry but conditions of the contracts must be the same. Otherwise, it will
not accept in a legal manner (GulfTalent, 2007). Based on the above discussion, it can be
claimed that the human resource head of the organization must consider above-mentioned
legislation and laws to establish a truthful and legal contract of employment with Mr.Bilal
Yuseph.
Based on the above discussions, certain legal factors have been defined, which has to
be maintained by both the parties during the period of the employment contract. This includes
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4HUMAN RESOURCE MANAGMENT UAE LABOR LAW AND RELATIONS
mentioning of ‘specific salary, ‘date of employment’, ‘nature of the work’, ‘contract
duration’, ‘employment location’, date employment, and commencement of the contract
(UAE Labor Law, 2018; Guide2dubai, 2018; Edarabia, 2018). These are the employment
standards that need to be followed while preparing employment contract for Mr.Bilal Yuseph.
This has been approved and implemented by the Ministry of Labor in the UAE. Non-
maintenance of these factors can be considered to be a legal offense, wherein the organization
may face imprisonment for. Hence, both parties of an employment contract must follow
aforesaid rules to develop a legal work process (UAE Labor Law, 2018; Guide2dubai, 2018;
Edarabia, 2018)
Conclusion
Based on the above discussion of the UAE labor law, it has been observed that an
organization must follow the labor law of the UAE to develop a proper contract. At the same
time, this law provides limited rights to each employee in a workplace. With respect to the
contracts, an organization must create the contract in a written format, otherwise, it will not
be accepted. In the case Mr.Bilal Yuseph must maintain the legal, it will be essential to
include the date of joining, salary, and contract duration among others.
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References
Edarabia. (2018). 7 things about UAE labor law. Retrieved December 19, 2018, from
https://www.edarabia.com/7-things-about-uae-labour-law/
Global Legal Group. (2018). Employment & labor law 2018 United Arab Emirates. Retrieved
December 19, 2018, from https://iclg.com/
Guide2dubai. (2018). Labour law in Dubai. Retrieved December 19, 2018, from
https://www.guide2dubai.com/living/laws-and-regulations/labour-law
GulfTalent. (2007). UAE labour law. Retrieved December 19, 2018, from
https://www.gulftalent.com/repository/ext/UAE_Labour_Law.pdf
ILO. (2018). Labour law and its amendments. Retrieved December 19, 2018, from
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/11956/69376/F417089305/
ARE11956.pdf
UAE Labor Law. (2018). Welcome to United Arab Emirates labor law. Retrieved December
19, 2018, from https://uaelaborlaw.com/
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