employmen contracts eng

8/7/2019 Employmen Contracts Eng

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Employment Contracts

1) Individual employment contract:

1. Is the worker entitled to obtain an employment contract?Yes the worker is entitled to obtain the employment contract concluded between the two

parties and issued and attested by the ministry of labor signed by the two parties as the

employment contract shall be in writing and each of the worker and employer shall have a

copy respectively.. And the approved language in the state is the Arabic language.

And in case the worker does not receive the employment contract, he shall resort to the

ministry of labour.

2. If the employment contract has not been issued from the ministry, can I prove my service

with employer or not?

Evidence shall be conducted by the legal evidence means for example: internal contract

concluded between the two parties, appointment letter, payment statement or book of

attendance and going out of the work .. etc. , if the worker has one of them.

3. What is the necessary information that shall be available in the employment contract?

Article (36):

The employment contract shall contain the following:

- Date of signing the contract.- Date of starting the work

- Type of the contract, either it is (a limited or unlimited contract)

- Place of signing the contract

- Period of the contract: if it is a limited contract there shall be a date of the

commencement and end of the contract in the unlimited contract only the commencement

shall be mentioned therein

- Amount of the payment: the basic salary, allowances and bonuses shall be specified

- Occupation

Note : if there are any other conditions agreed upon between the parties of the contract to

be added at the date of singing the contract provided that they are not in contradiction with

the labor law


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4. How long the period of probation that shall be approved in the contract of

employment? Article (37):

The worker shall be appointed under a probation period, which shall not be more than six

months this period shall not be extended for another one.

5. Is it permitted to exclude the probation period?

Yes it is ... as the probation period is optional.

6. Is it permitted to reduce the probation period?

Yes it is but the probation period shall not exceed (6) months.

7. Is the employer entitled to dismiss the worker during probation period?

Yes he is . as this period is given to the employer to evaluate the worker's performance

. therefore , he is entitled to dismiss the worker during this period without a notice and

without end of service benefit.

8. If the worker has passed the probation period, does this period is calculated

within service period?

This period shall be calculated when the worker successfully passed it and continued the

service.

Important: (is the period of visit calculated within period of service?)Legally, it is.

9. What are the types of employment contracts?

* Types of employment contracts:

First: Limited Contract

Second: Unlimited Contract

First : Limited Contract :

10. What is the limited contract? Article (38):

It is the contract the period of which has been specified, and it shall not exceed (4) years

such contract may be extended by agreement of the two parties for less period once or

several times.

It is usually the limited employment contract to be for a period of (3) years in order to

conform with the labor card and the period of residence.


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considered unlimited because the contract did not specify a certain limited period for its

expiry ).

13- What about the limited contract the period of which was expired and the contract was

not renewed, but the worker continued in the work? The Article (40)

The original contract is deemed a limited contract and renewed explicitly for one year

under the same conditions provided therein.

This is What is provided in the clause (b) in all employment contracts issued from the ministry

of labor, which provides for the following:

" The limited contract shall be expired at the expiration of its period if the two parties

continued in its execution, it shall be considered renewed for one year as from date of expiry of

the contract and with the same conditions therein " .

14- What about the worker who works with a sub- contractor or in a (sub- contract)?

Article (41):

If the employer agreed with another employer (contractor of works) by a contract

concluded between them called (sub- contract) and the first party's workers shifted to the

second party (the second employer) the second employer shall be responsible for the rights

of those workers And according to the international work agreements:The main employer and

sub- employer shall be both liable for the rights of the workers jointly and severally.

And in the practical fact, the damaged party shall submit a complaint against the original

employer.

15- is there any difference between the contract of those working in education and other

contracts?

Yes there is as the contracts of education have a special nature and special conditions

these contracts are issued under coordination between the ministry of labor and ministry of

education .. and the person who has enquiry shall first resort to the ministry of education

then , to the ministry of labor , in case there is a dispute .

16- How the teacher's leave is calculated?

Contracts of education have special conditions and special rules because they are issued

from the ministry of labor and ministry of education; therefore, the person who has enquiry

shall first resort to the ministry of education then, to the ministry of labor, in case there is a

dispute.


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b) Professional training contract : starts with the article (42)

17- What is the professional training contract? and What are its conditions?

* Professional training contract:

"A contract under which the owner of establishment shall commit to prepare a complete

professional training in compliance with the principles of the profession, to another person

who completed (12) years of age at least and this person, in his turn, shall commit to

work during the period of training for the account of the employer as per the conditions

and time agreed on " .

Here, the article was amended and the apprenticed person shall be of (15) years old at least as

a commitment to the agreement no.:

(82/ 1999) and agreement of child's rights of 1989, which were ratified by the state.

* Conditions of professional training contract:

- it shall be in writing otherwise, it is invalid.

- The employer or the party conducts the training shall have sufficient qualifications and

experiences in the trade or profession required to train the worker on.

- The establishment itself shall have the same technical conditions and capabilities

required to train the occupation of the profession.

18- Shall the apprenticed entitled to conclude the training contract by himself? Article (43):

The mature apprenticed worker who reached the legal age of (18) may conclude thecontracting by himself and the person who does not reached the age of (18) shall not

contract with the employer for apprenticing, rather, he shall be represented by his natural

parent, legitimate guardian, or whoever is responsible of him.

19- What is the content of the professional training contract (What does it contain? ) :

Article ( 45):

It shall contain the following:

- Details about identity of the contracting parties, or whoever represents them.

- The manner of performing training

- Period of training

- Stages of training

- The profession, subject of training.


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20- What are the employer's obligations toward the apprenticed person? Article (46):

The employer shall:

- Give the apprenticed person during training sufficient time for theoretical training.

- He shall train the worker on principles of the profession and the technique for

which he has been employed throughout the period specified in the contract.

- He shall give him a certificate at the end of each stage of the training.

- He shall give him a final certificate at the end of period of training.

21- Shall the apprenticed person obliged to work with the same employer at the end of

training period? Article (47):

- The worker may undertake in the training contract that he shall work after the

end of training with the employer or owner of the establishment.

- And the employer may undertake in the training contract to employ the work after end of

the training contract.

22- How the fees are specified in the professional training contract? Article (48):

It shall be specified in the training contract, the fees due for each stage of training.. and the

fees of the final stage shall not be less than the minimum level established for similar work

. Otherwise, they shall be specified on piece or production basis

* Example:

The minimum fees for the work or occupation of (carpentry) in general may be in the sumof Dhs. (2000), so the fees for the professional training contract shall not be less than this

amount as it is provided for in the article above.

23- Shall the worker have special requirements? Article (49):

There shall be some special requirements before training the worker who is less than (18)

years old:

* A medical examinations about his health conditions and his ability to perform works of

the profession in which he wants to train in.

* A medical report for the profession which require certain body and health

conditions that shall be available in the worker, either they are psychological or

physical conditions.

24- Who is the party who organizes training of professions and occupations which require

training? Article (50) :


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Minister of labor is the party who organize the same by a resolution from him in the

professions and occupations which require training the worker in them. And specifies

period of training in these professions practical and theoretical programs conditions

of examination.. Certificate given at the end of training period and the minister's

resolution is issued after survey of opinions of the concerned public establishments.

25- Who has the power of issuing resolution for establishing professional training centers,

number and percentage of apprenticed workers therein? Article (51) & (52):

Minister of labor who decides to establishing these centers either separate centers or in

cooperation with professional and charity bodies, local, foreign or international bodies.. and

he who specifies professions of which training is performed therein and conditions of

admittance at the center , programs of theoretical and practical study , system of

examinations and professional certificates . etc.

And he who obliges the establishments and companies and owners of industries to accept

certain number or percentage from apprenticed locals under the conditions . and he also

orders these establishment to accept , for purpose of training and completion of practical

experience in them , a certain number or percentage from students of the professional and

industrial centers and institutes , and that shall be as per the conditions to be agreed on.

employmen contracts eng

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