Human Resource and UAE Fardel Labour Law (Problematic and Challenges)

Human Resource staffs in many diverse companies working on United Arab Emirates whatsoever large, medium or small are facing too various difficulties in regarding to their appropriate understanding to UAE Labour Law “Federal Law No. (8) of the year 1980 and its amended”. 

As Some of them may misunderstand and interpret several of articles from the law, as a result of insufficient knowledge of these articles and the purposes of the UAE legislator from enact such law, legislate and execute it. Such misunderstand cost those companies a lot of money, which may given to employees and they not deserve it. Whatsoever, those employees still working with these companies or has been terminated, or/and may some other employees did not get their gratuity in accordance with UAE Labour Law. Due to insufficient knowledge of Labour law articles, procedures and prerogatives. This should not turning on Human Recourse Sectors staff, as the sector is playing very important role in the life cycle of companies. Rather, it is an attempt to bridge the gap, which is a fundamental reason for the overcrowding of labour courts with many disputes which could be amicably settled via granting the precise to its beneficiaries. Therefore, the UAE Labour Law is the best in the Middle East as legislation and in execution.  Also, The UAE Government always encourage the contractual relationship parties in the labour contract to compliance with the law. And makes a priority to execute the rendered judgments from the labour courts.  This is one of the furthermost imperative factors that makes the UAE an attractive market for foreign investments and skilled labour in various fields. Such Challenges arises from the gap between interpretation the law from HR staff and interpretation the law from the specialists whatsoever is labour courts or/and law firms, legal affairs sectors. 

For Example, Article (120) permits the employer to terminate the employee services without notice, but on the same lights the UAE legislator has not open such deed to be general permission, but it has been identified by limited ten states. However, the human resources sectors taking an entire diverse procedure from the legislator purpose, the UAE labour courts packed by disputants as reasons of termination according to Article (120) which is completely erroneous. Since those companies makes the similar faults in interpretation and applying such article. Consequently, a million of dirhams to be paid from the companies’ money as result of such gap. 

Therefore, there are some options could be the best way to close down this gap. For instant, drafting human resource guideline to interpret the UAE labor law, or those companies commencing workshops and training courses for whom working in human resource sector, in which they will have a great chance to understand correctly the law. Or, otherwise, take the accurate advises from the experts, which will have a great payoff in maintaining the value of the time and effort of the judges and labour courts staff on the one hand and keeping companies continuous in their investments.

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