DEFINITIONS AND GENERAL PROVISIONS - Labor Laws

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Wednesday, October 7, 2015

DEFINITIONS AND GENERAL PROVISIONS

1. DEFINITIONS ARTICLE (1) for the implementation of the provisions of this Law, the following terms and expressions shall have the meanings opposite thereto unless the context requires otherwise: "Employer" :
          Any natural or juridical person employing one or more workers in consideration of a remuneration of any kind whatsoever.
"Worker" : Any male or female person who receives remuneration of any kind for work performed thereby in the services of an employer and under his management or control, even if the employee is off employer's sight. This meaning shall also apply to officials and employees who are in the service of the employer and are subject to the provisions hereof.
 "Establishment" : Any economic, technical, industrial or commercial unit in which workers are employed and the objectives of which are to produce or market commodities or to provide services of any kind. -
 "Employment Contract" : Any Agreement, whether for a limited or for an unlimited period, concluded between an employer and an employee under which the latter undertakes to work in the service of the employer and under his management or control against a remuneration payable to him by the employer.
"Work" : Any human effort, be it intellectual, technical or physical, extended against a remuneration whether the said work is permanent or temporary.
"Temporary Work" : Work which is by nature to be executed or completed within a specific period of time. "Agricultural Work" : Work involving soil ploughing, cultivation, and harvesting of any kind of crops as well as breeding of cattle, poultry, silkworms, bees and the like. "Continuous Service" : Uninterrupted service with the same employer or his lawful successor from the date of commencement of the service.
"Remuneration" * : Remuneration is whatever is given to the employee in consideration of his services under the employment contract, whether in cash or in kind, payable annually, monthly, weekly, daily, hourly, or by piece-meal or pro rata to the production or as a commission. The remuneration includes the high cost of living allowance, and any benefit given to the employee in reward for his honesty or efficiency, provided always that these amounts * Amended by Federal Law No. (12) of 1986.  are prescribed in the Company bylaws or in the employment contract, or normally practiced or granted to the employees, until they have been regarded by these as an integral part of the remuneration rather than a donation. BASIC REMUNERATION* It is the pay provided for in the employment contract during its validity between both parties. Allowances whatsoever are not included in this remuneration.
"Employment Injury" : Any of the occupational diseases listed in the schedule attached hereto or any other accident sustained by the worker during the performance or as a result of his work. Any accident sustained by the worker on his way to or back from his work shall be deemed an employment injury provided that the trip to or from the place of work is made directly, without delay, default or diversion from the normal route. "Labour Department" : Branches affiliated to the Ministry of Labour, having competence to look into Labour Matters in the Emirates, Members of the Federation. 

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