# labour law



## elmargreen (Dec 4, 2010)

hi there, im planning to file a complain against my company, can someone give advice regarding the issues i want to raise,

1. they are not paying me an overtime, ( for 3 weeks im working on 12-15 hours shift
w/out breaks, no off's and no holidays, my main dillema is im a supervisor and they are saying that im not entitled but am not working as a supervisor, im working on a 24 hours coffee shop and i have only 1 staff)

2. they've cancel my annual vacation twice already and i think they are planning to cancel it again

3. they are giving penalties through cutting some salaries in your wages, 


can anyone advice me regarding this one

thanks!


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## Elphaba (Jan 24, 2008)

1. If you are employed in a managerial/supervisory capacity then you are not entitled to overtime.

2. What reason have they give for cancelling yor leave? They cannot do this indefinitely.

3. Have you had a salary cut? Companies cannot apply penalties in this way.


NB. I write the On Your Side (consumer issues) column for The National newspaper and answer these types of queries every week.

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## elmargreen (Dec 4, 2010)

yup madam im hired asa supervisor but im working like staff, see im working on 24 hours store, and i have 1 staff, i means i need to work 12 hours a day without break, and in past 3 weeks i dont have any off, and in my contract its clearly stated there 9 hours duty only, still i cannot complaint on this madam/


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## Elphaba (Jan 24, 2008)

elmargreen said:


> yup madam im hired asa supervisor but im working like staff, see im working on 24 hours store, and i have 1 staff, i means i need to work 12 hours a day without break, and in past 3 weeks i dont have any off, and in my contract its clearly stated there 9 hours duty only, still i cannot complaint on this madam/


It comes down to the title in your visa/labour card. 

That said, you are legally entitled to time off. Your employer cannot make you work seven days a week and you are also entitled to a break during the day.

You can contact the Ministry of Labour (tel 800 665) to file a complaint if you wish.
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## elmargreen (Dec 4, 2010)

i see, madam, so i cannot complain on this issue? im a supervisor yet im not working as a supervisor but merely as a staff, for 3 weeks no off and 12 hours straight, again they are the one who pulled out my other staff and they did not send any replacement, 

regarding the vacation, they cancelled it last aug due to the reason that there's no replacement for my store, then i file it again last oct 5 they cancelled it again for the same reason and the 3 one is last nov 30 and again for the same reason...


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## Elphaba (Jan 24, 2008)

elmargreen said:


> i see, madam, so i cannot complain on this issue? im a supervisor yet im not working as a supervisor but merely as a staff, for 3 weeks no off and 12 hours straight, again they are the one who pulled out my other staff and they did not send any replacement,
> 
> regarding the vacation, they cancelled it last aug due to the reason that there's no replacement for my store, then i file it again last oct 5 they cancelled it again for the same reason and the 3 one is last nov 30 and again for the same reason...


I have just told you how to make a formal complaint...


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## elmargreen (Dec 4, 2010)

sorry madam i just double encoded, i just little bit worried that i loose or my company has influences in the labour?


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## BostonKong (Dec 3, 2010)

my 2 cents...

if you are ready to be fired and leave the UAE, then file a complaint, or cause trouble.

UAE is mostly pro company, and pro UAE nationals, you are neither. 

If I were you, I would find another job. But if you think you can complain and stay in this one. I would be shocked...


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## elmargreen (Dec 4, 2010)

BostonKong said:


> my 2 cents...
> 
> if you are ready to be fired and leave the UAE, then file a complaint, or cause trouble.
> 
> ...


that what im thinking, but if i looked for a new one they will impose a ban, or make my life miserable, if they will terminate me much better.


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## BostonKong (Dec 3, 2010)

If you got nothing to lose, and you WANT to be fired, then by all means, roll the dice.

My thoughts. Businesses, Services, Retail, Restaurants, Coffee shops, I can not imagine any of them not losing money right now (Most I see are running at 10-20% utilization). If I were running/ owning them, I would be losing money every day, and I am sure it would be understaffed and cutting corners, otherwise closing down.

I think you are lucky to have a job. Try to come up with solutions with your bosses. Try to improve the business so you have better sales.

I have had friends with vacation plans changed. I have had my own staff's vacation plans changed. I have had my own vacation plans changed. Work around it...

Are you getting benefits as a supervisor that a staff wouldn't? healthcare? insurance? vacations? off days?


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## Canuck_Sens (Nov 16, 2010)

If I were you, I would try to read as much as possible about the labour law and go there personally to find out about your rights. I think, honestly, that there is a protection mechanism. If an employee is not being treated on a fairly basis and wish to complain, the ministry of labour has to offer some sort of safeguard and the safeguard is that you will not loose you job until the investigation is complete. Otherwise why an employee would complain ? well..*You will have to find out about your rights*

Also, do you have any proof that you have been working overtime ? I would take your contract and talk to someone there in the Ministry but don't file a complain. Try to understand how the process works...and what you are entitled to....maybe the 800 number Elphaba provided can be used for inquiry purposes ? I am just throwing some ideas....

When you do realize what your rights are, the safeguard mechanism and the possible outcomes (you may loose your job at the end)..then you can make a decision on how to proceed.


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## elmargreen (Dec 4, 2010)

nope nothing? actually i adjusted my vacation 2 times, now i really needed one because im tired at the same time i needed the vacation money badly, next thing they are unhuman, imagine working for 3 weeks without off and more than 12 hours without breaks, without all the benefits, its that fair, while other branches its geeting an off. and not working the extra hour that im working


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## Jynxgirl (Nov 27, 2009)

Sounds like my work. We are all banding together to complain as they can not fire everyone... Maybe you can get your employee also to do a double complaint so that they can not just pick on you to fire??? 

I feel for you. Good luck.


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## elmargreen (Dec 4, 2010)

Canuck_Sens said:


> If I were you, I would try to read as much as possible about the labour law and go there personally to find out about your rights. I think, honestly, that there is a protection mechanism. If an employee is not being treated on a fairly basis and wish to complain, the ministry of labour has to offer some sort of safeguard and the safeguard is that you will not loose you job until the investigation is complete. Otherwise why an employee would complain ? well..*You will have to find out about your rights*
> 
> Also, do you have any proof that you have been working overtime ? I would take your contract and talk to someone there in the Ministry but don't file a complain. Try to understand how the process works...and what you are entitled to....maybe the 800 number Elphaba provided can be used for inquiry purposes ? I am just throwing some ideas....
> 
> When you do realize what your rights are, the safeguard mechanism and the possible outcomes (you may loose your job at the end)..then you can make a decision on how to proceed.



thank's canuck, actually i asked some people regarding this issue and they told me that i must inquire because there;s a big difference in working a supervisor and just a title as a supervisor, my problem i have evidence but our company can manipulate it, ( i belong to a big groups of company and thats what imafraid off)


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## Canuck_Sens (Nov 16, 2010)

elmargreen said:


> nope nothing? actually i adjusted my vacation 2 times, now i really needed one because im tired at the same time i needed the vacation money badly, next thing they are unhuman, imagine working for 3 weeks without off and more than 12 hours without breaks, without all the benefits, its that fair, while other branches its geeting an off. and not working the extra hour that im working


 I know you are emotional on this, feeling bad and thinking it is unfair (which really is). But you have to seek out information and see what you can do under these circumstances. Stop saying it is unfair, we know you know it is unfair, act on it. 

I do hope things turn out well for you.


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## BostonKong (Dec 3, 2010)

I would also recommend having an Arab friend of lawyer. As far as I know, all complaints, paperwork for the ministry is in Arabic, and I'm pretty sure all the proceedings are.

I don't know you Elma, but this is one of the last places in the world I would pick a fight with the big groups. 

Just know your own worst case scenarios before proceeding, and be prepared.


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