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                    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 Cleaver

Student Names                     Aaesha

                                  Jawaher

                                  Mahra

                                  Abeer

Due date                          December 12, 2012
2


Introduction

Many people are still not aware that they‟re breaking the law when it comes to their
relationship with their labourer in different countries. It‟s very important that we get a
grip on this situation by providing our labourer with work contracts clarifying their terms
of employment in fair legal way. We chose Nanny as a labourer to prepare a fair legal
binding contract that could be used in the UAE. This report is to discuss the relationship
between the employer and the employee in the UAE by examining some aspects of
employment relationships which will appear in a fair legal binding contract for our
labourer “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


FAMILY EMPLOYMENT CONTRACT

FOR 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 Contracts

The family and the Nanny agreed to a two-year employment commitment unless the
Nanny is terminated for cause. The employment start on [date] and ends on [date], the
employment period can be extended if the Nanny wants to work.

2.        Terms of Employment

The 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 her
employment:

     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 required

The following services are NOT requirements of her employment:

     1.   Washing laundry
     2.   Meal preparation
     3.   Grocery shopping
     4.   Car washing
4


3.    Restrictions on the employment of minors and women

The Nanny may not be employed if she is under the age of 15. However, if she is
between the age of 15 and 17 may be employed if she obtains the following
requirements:

     a. A copy of the her birth certificate
     b. Written consent from the her guardian
     c. Having the experience of dealing with children

The Nanny can‟t be work at night after the working hours has finished except in
emergencies that the family imposed.

4.    Working Hours

The Nanny shall normally work from Saturday to Friday during the hours of 7:00 A.M to
10:00 P.M. Nanny agrees to work a standard time frame of 15 hours per day that shall be
referred 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 - 8:00pm

5.    Leave

The 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 day

If the Nanny is unable to work due to sickness then the family should provide sick days
off for the Nanny to rest. In every time she gets sick she is allowed to get two days off.

6.    Safety and protection of employees

Nanny has to use the safety equipment and clothes that given for her by the family. Also
she must follow the instructions regarding safety procedures.

There will be a binder at home with important safety information, such as any important
emergency phone numbers, hospital and pediatrician addresses, and copies of the
children‟s medical cards. Also this binder includes number of the parents for emergency
satiation.
5


In emergency situations, the Nanny should contact either the Mother or Father on the
telephone numbers below immediately. If the Parents are not contactable the Nanny
should 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 be
responsible for any injures that may occur to her during work.

8.    Compensations

Nanny shall receive a basic salary of AED 1,500 per month (Gross salary of AED 18,000
annually). The Nanny shall be paid in cash at the end of each month.

9.       Benefits

The 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


           upon end of service. However, this will not apply if she transfers to another
           employer within the UAE.

10.        Termination of employment contracts

If either party wishes to terminate this contract, the notice to be given shall be as: During
the first four weeks of employment ("the Probationary Period"), not less than one week's
notice in writing.

The family may terminate the Nanny‟s employment contract without notice or
compensation for justified cause and the following are reasons for immediate termination
with 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 children

The Nanny may terminate the employment contract without notice or compensation for
justified 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.        Penalties

According 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 the
case 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 sum
of money not less than (AED5,000) and it depends on injures. In addition, it might enter
to prison if the children suffered more from the physical punishment. In this case, the
court 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 fatalities

Injury prevention: If the injury prevents the Nanny from working, the employer must pay
the employee the medical treatment during the treatment period. For example, If the
damage by the parents such as beating cause the broken hand or Hearing loss the parents
must pay for the Nanny to treat her.
7


Death or permanently disabled: If Nanny died or is permanently disabled because of an
accident or disease her family may claim compensation. The compensation shall be equal
to 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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UAE Labour Law Contract for Nanny

  • 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 Cleaver Student Names Aaesha Jawaher Mahra Abeer Due date December 12, 2012
  • 2. 2 Introduction Many people are still not aware that they‟re breaking the law when it comes to their relationship with their labourer in different countries. It‟s very important that we get a grip on this situation by providing our labourer with work contracts clarifying their terms of employment in fair legal way. We chose Nanny as a labourer to prepare a fair legal binding contract that could be used in the UAE. This report is to discuss the relationship between the employer and the employee in the UAE by examining some aspects of employment relationships which will appear in a fair legal binding contract for our labourer “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 FAMILY EMPLOYMENT CONTRACT FOR 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 Contracts The family and the Nanny agreed to a two-year employment commitment unless the Nanny is terminated for cause. The employment start on [date] and ends on [date], the employment period can be extended if the Nanny wants to work. 2. Terms of Employment The 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 her employment: 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 required The following services are NOT requirements of her employment: 1. Washing laundry 2. Meal preparation 3. Grocery shopping 4. Car washing
  • 4. 4 3. Restrictions on the employment of minors and women The Nanny may not be employed if she is under the age of 15. However, if she is between the age of 15 and 17 may be employed if she obtains the following requirements: a. A copy of the her birth certificate b. Written consent from the her guardian c. Having the experience of dealing with children The Nanny can‟t be work at night after the working hours has finished except in emergencies that the family imposed. 4. Working Hours The Nanny shall normally work from Saturday to Friday during the hours of 7:00 A.M to 10:00 P.M. Nanny agrees to work a standard time frame of 15 hours per day that shall be referred 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 - 8:00pm 5. Leave The 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 day If the Nanny is unable to work due to sickness then the family should provide sick days off for the Nanny to rest. In every time she gets sick she is allowed to get two days off. 6. Safety and protection of employees Nanny has to use the safety equipment and clothes that given for her by the family. Also she must follow the instructions regarding safety procedures. There will be a binder at home with important safety information, such as any important emergency phone numbers, hospital and pediatrician addresses, and copies of the children‟s medical cards. Also this binder includes number of the parents for emergency satiation.
  • 5. 5 In emergency situations, the Nanny should contact either the Mother or Father on the telephone numbers below immediately. If the Parents are not contactable the Nanny should 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 be responsible for any injures that may occur to her during work. 8. Compensations Nanny shall receive a basic salary of AED 1,500 per month (Gross salary of AED 18,000 annually). The Nanny shall be paid in cash at the end of each month. 9. Benefits The 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 upon end of service. However, this will not apply if she transfers to another employer within the UAE. 10. Termination of employment contracts If either party wishes to terminate this contract, the notice to be given shall be as: During the first four weeks of employment ("the Probationary Period"), not less than one week's notice in writing. The family may terminate the Nanny‟s employment contract without notice or compensation for justified cause and the following are reasons for immediate termination with 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 children The Nanny may terminate the employment contract without notice or compensation for justified 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. Penalties According 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 the case 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 sum of money not less than (AED5,000) and it depends on injures. In addition, it might enter to prison if the children suffered more from the physical punishment. In this case, the court 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 fatalities Injury prevention: If the injury prevents the Nanny from working, the employer must pay the employee the medical treatment during the treatment period. For example, If the damage by the parents such as beating cause the broken hand or Hearing loss the parents must pay for the Nanny to treat her.
  • 7. 7 Death or permanently disabled: If Nanny died or is permanently disabled because of an accident or disease her family may claim compensation. The compensation shall be equal to 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: _______________________