Part-time worker claims full-time standard benefits

I have recently been offered a part-time job but I have a number of concerns about the proposal they have sent me. The role is for five days a week, the same as the other employees of the company, but working five hours a day. My query is about the clause

The employer is not correct. If a person works a five-hour day, a day off should be a full day, not part of a day, as they effectively take the five hours as leave plus the time they would not be working anyway. There is no specific provision for part-time employment in UAE Labour Law, so the standard rules apply. Article 75 states: “The worker shall be entitled during every year of service an annual leave of no less than the following periods: a) Two days for each month should the period of service of the worker be of six months at least, and a year at most. b) Thirty days for each year should the period of service of the worker exceed one year. Should the service of the worker be terminated, the worker shall be entitled to an annual leave for the fractions of the last year.” In addition, TR is entitled to the standard benefits such as paid sick leave, maternity leave and the end of service gratuity on the same basis as a full-time employee.

I am a medical doctor and have signed a limited period contract with a hospital. During the probationary period, I resigned from the position with one month notice period which I completed. Now I have been asked to pay 45 days’ full salary (not just basic) and unless that is paid the hospital has informed me that I won’t get the NOC which I require to start my next employment. Can you please advise me if the amount is payable and if so should it be calculated on basic salary plus allowances? VP, Abu Dhabi While fixed-term contracts provide a certain amount of protection for employees, there are downsides upon resigning before the contract ends. If an employee breaks a contract the employer can invoke Article 116 of Labour Law which states: “the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract”. This is equivalent to 45 days’ pay. VP is obligated to make the payment to the hospital so should do so to avoid problems in moving to another job. That said, the calculation should be based on the basic salary only, not including allowances, in the same way as the end of service gratuities are calculated.

I was offered a job by a Dubai company and had made arrangements, to facilitate my return to work. Then a week before I was due to start I received notification that they no longer needed me and withdrew the offer. Considering I went to the first interview three months ago this seems very unfair. Do I have a legal case against them for making false promises? GC, Dubai Whether GC has any potential case against the company will depend on what paperwork has been issued. If a contract of employment has been issued that was signed on behalf of the company and then also signed by GC formally accepting the terms, this would constitute a legal agreement so that the company revoking it would be considered to be in breach of contract. The same applies if an offer of employment was issued and signed by both parties as this could also be deemed a contract between two parties.

Assuming such signed documentation exists, and that it does not include any get-out clauses for the employer that they could invoke in this case, GC does have a potential claim for damages. She would need to confirm this with a lawyer and be prepared to pay their costs in taking on a case and pursuing it. As this would be a personal claim, as opposed to a case brought with the help of the Ministry of Human Resources and Emiratisation, she needs to be confident that it would be worthwhile to take the company to court. This is because the payout, in the event that she wins, is unlikely to be more than the amount paid in a case of arbitrary dismissal.