Contract

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Labour Law in the UAE
year 3

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Contract

  1. 1. 1 Higher Colleges of Technology RAK Women College Bachelor Business Program BMGN 310 Business & Commercial Law in the UAE Group Assignment UAE Labour Law “contract”Prepared for Paul CleaverStudent Names Aaesha Jawaher Mahra AbeerDue date December 12, 2012
  2. 2. 2IntroductionMany people are still not aware that they‟re breaking the law when it comes to theirrelationship with their labourer in different countries. It‟s very important that we get agrip on this situation by providing our labourer with work contracts clarifying their termsof employment in fair legal way. We chose Nanny as a labourer to prepare a fair legalbinding contract that could be used in the UAE. This report is to discuss the relationshipbetween the employer and the employee in the UAE by examining some aspects ofemployment relationships which will appear in a fair legal binding contract for ourlabourer “Nanny”. Some of these aspects are: 1. Employment contracts 2. Terms of Employment 3. Restrictions on the employment of minors and women 4. Working hours 5. Leave 6. Safety and protection of employees 7. Medical and social care 8. Compensations 9. Benefits 10. Termination of employment contracts 11. Penalties 12. Employment related accidents, injuries, and fatalities
  3. 3. 3FAMILY EMPLOYMENT CONTRACTFOR NANNY/ HOUSEKEEPER__________________________________________________________Date of Issue: [date]This contract between the hiring family [name] and the Nanny / Housekeeper [name]Our agreement with you:It is agreed that the family will employ the Nanny on the following terms and conditions:1. Employment ContractsThe family and the Nanny agreed to a two-year employment commitment unless theNanny is terminated for cause. The employment start on [date] and ends on [date], theemployment period can be extended if the Nanny wants to work.2. Terms of EmploymentThe Nanny is employed to work at the family‟s home which is currently located at[address]. Nanny agrees to perform the following duties as requirement of heremployment: 1. Put the safety of the children first before all other responsibilities. 2. Take care of the children‟s basic needs such as bathing, dressing, brushing teeth, and afternoon naps. 3. Provide meals for children. 4. Observe children while they are playing games and read. 5. Clean kitchen and dishwashing. 6. Clean windows and mirrors. 7. Clean dust and mop entire house. 8. Clean bathrooms and toilets. 9. Change bed sheets and towels. 10. Iron family laundry as requiredThe following services are NOT requirements of her employment: 1. Washing laundry 2. Meal preparation 3. Grocery shopping 4. Car washing
  4. 4. 43. Restrictions on the employment of minors and womenThe Nanny may not be employed if she is under the age of 15. However, if she isbetween the age of 15 and 17 may be employed if she obtains the followingrequirements: a. A copy of the her birth certificate b. Written consent from the her guardian c. Having the experience of dealing with childrenThe Nanny can‟t be work at night after the working hours has finished except inemergencies that the family imposed.4. Working HoursThe Nanny shall normally work from Saturday to Friday during the hours of 7:00 A.M to10:00 P.M. Nanny agrees to work a standard time frame of 15 hours per day that shall bereferred to hereafter as a standard work-week.Family will provide 3 breaks for the Nanny: a. Breakfast break: 10:00am - 11:00am b. Lunch break: 2:00pm - 3:00pm c. Dinner break: 7:00pm - 8:00pm5. LeaveThe Nanny is entitled to an official holiday with full salary for the following occasions: a. Eid Al Fitr: two Days b. Eid Al Adha: one dayIf the Nanny is unable to work due to sickness then the family should provide sick daysoff for the Nanny to rest. In every time she gets sick she is allowed to get two days off.6. Safety and protection of employeesNanny has to use the safety equipment and clothes that given for her by the family. Alsoshe must follow the instructions regarding safety procedures.There will be a binder at home with important safety information, such as any importantemergency phone numbers, hospital and pediatrician addresses, and copies of thechildren‟s medical cards. Also this binder includes number of the parents for emergencysatiation.
  5. 5. 5In emergency situations, the Nanny should contact either the Mother or Father on thetelephone numbers below immediately. If the Parents are not contactable the Nannyshould then telephone the Police Station.Mother‟s Number: [number]Father„s Number: [number]Police Station: [number]7. Medical and social care The family will provide health card and ID card for the Nanny and they will beresponsible for any injures that may occur to her during work.8. CompensationsNanny shall receive a basic salary of AED 1,500 per month (Gross salary of AED 18,000annually). The Nanny shall be paid in cash at the end of each month.9. BenefitsThe Nanny shall receive the following benefits: a. Accommodation The family provides room which includes a private bedroom for Nanny‟s use with shower room plus television and small fridge. b. Meals The family provides standard board (3 meals per day), The Nanny can choose to either cook for herself or participate in family meals. c. Use of cell phone The family does provide use of cell phone and use the home phone for local and long distance calls. d. Health Insurance The family agrees to provide permanent insurance coverage for the Nanny. e. End of Service Benefit The Nanny will be entitled to End of Service Benefit. The family will pay for a one way, economy class airfare for Nanny to return to her region she came from
  6. 6. 6 upon end of service. However, this will not apply if she transfers to another employer within the UAE.10. Termination of employment contractsIf either party wishes to terminate this contract, the notice to be given shall be as: Duringthe first four weeks of employment ("the Probationary Period"), not less than one weeksnotice in writing.The family may terminate the Nanny‟s employment contract without notice orcompensation for justified cause and the following are reasons for immediate terminationwith cause: a. Allowing the children‟s safety to be compromised b. Dishonesty or lying to the family c. Stealing d. Unapproved guests e. Physical punishment of childrenThe Nanny may terminate the employment contract without notice or compensation forjustified cause such as: a. The family has not fulfilled her obligations to the Nanny as provided in the employment contract. b. The Nanny was assaulted by one of the family members.11. PenaltiesAccording to the UAE Labour law, there are two main penalties which are: Imprisonment(Maximum 6 months) and fine (Minimum AED3,000 - Maximum AED10,000). In thecase of the violation of the contract, here are some of our penalties that we will impose it:If the Nanny committed a physical punishment of children, the court imposes to pay sumof money not less than (AED5,000) and it depends on injures. In addition, it might enterto prison if the children suffered more from the physical punishment. In this case, thecourt must impose the fine for also the family (parents).If the Nanny leaves the job before the end of the contract, she has to pay AED 9,000.12. Employment related accidents, injuries, and fatalitiesInjury prevention: If the injury prevents the Nanny from working, the employer must paythe employee the medical treatment during the treatment period. For example, If thedamage by the parents such as beating cause the broken hand or Hearing loss the parentsmust pay for the Nanny to treat her.
  7. 7. 7Death or permanently disabled: If Nanny died or is permanently disabled because of anaccident or disease her family may claim compensation. The compensation shall be equalto the basic wage of the Nanny for a period of 24 months.The Employer hereby agrees to be fully bound to the terms of this contract.Signature: ___________________________________________Date: _______________________The Employee hereby agrees to be fully bound to the terms of this contract.Employee Signature: ___________________________________________Date: _______________________

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