Al Sherooq HP - Insolvency & Corporate Recovery

FAQs

What are the court fees in Abu Dhabi judicial department?

Court fees are 3% of the dispute value.

Is there any difference in court fees between civil and commercial cases?

No, all court fees of civil and commercial cases are the same.

Are there any fees to be paid to the Conciliation Commission and reconciliation?

No, services provided by Conciliation Commission are free

How does the calculation of overtime is made and on what basis of any (basic or gross salary)?

The calculation is being made on the total salary basis (basic salary + all allowances) and overtime should be paid in addition to increase of no less than 25% of that wage. As if overtime was between 21:00 pm and 4:00 am then the increase shall not be less than 50% of that wage.

Shall the employer be entitled to dismiss the worker who absent for more than two months over his annual leave without excuse or reason immediately upon rejoining?

Yes, as the absence days exceeding the annual leave are considered unjustified absence in accordance with Article 120 of the Labor Code where, upon the absence for more than seven days, the employer may dismiss the worker without notice, unless there were force majeure preventing the worker from attending to his work after his annual leave.

If the employer has no work (construction workers, for example) does he have the right to stop worker without paying him or to send him on leave for more than a month?

He may not, in this case he shall be consider in violation of obligations. The worker in this case must, within a maximum of three months period, notify the Labour Relations Department of leveling work.

Where does the citizen worker get his end of service gratuity?

Citizen worker who is already registered in Pension and Retirement Commission receives his End of service gratuity from there, otherwise from his employer.

What actions are to be taken in the event of any labor dispute with the free zone company?

The worker should resort to Labor Office in the free zone which consequently refers the complaint is to the Labor Court without processing the complaint to the Ministry of Labor.

When does the employee be entitled to a return ticket stipulated in the Labor contract?

In the case of dismissal the worker is entitled to the said ticket, as well as in the event of completion of a fixed-term contract if he was leaving the country.
In the case of moving to another employer, the worker would not entitle the ticket.
And in case of resignation or dismissal in accordance with Article 120 of the Labor Code the worker does not entitle the ticket

Does the resignation has a validity period? If a worker worked more than the month notice, would the resignation become null?

No, in this case the worker should have a written consent to extend the month notice from the employer.

Does the employer’s refusal of the resignation influence the termination of the employment relationship?

Employer’s refusal of resignation does not count, as the resignation is only to inform the worker’s desire to the employer's of ending employment relationship without taking into account his rejection or acceptance. But the worker must prove his notification of resignation to the employer, whether by the ‎employer's signature on the resignation letter or by sending it by facsimile, mail or e-mail to prove the acknowledgement of the employer.