Labor Laws

Topic: UAE Labor Law

 

Paper details:

Report of 3 pages

Course  – Business & Commercial Law
       
   
       
Learning Outcomes

Covered by this Assessment

 

CLO 4- Labor Law

CLO 6- Intellectual Property Law

 

Assessment 3: Group Project and Presentation
 

 

 

 

 

 

 

 

 

 

DETAILS OF THE ASSESSMENT

 

Part A: Group project (20%)

Due date:

 

Assessment instructions:

 

  • You are required to work in groups 3 or 4

 

  • Below is a limited Employment Contract which has been concluded between VSBT Computers and Software LLC, a private computer and software company situated in Abu Dhabi (“the Employer”) and Hadeel Jabaar, a Jordanian National (“the Employee”). The Employee has been offered employment by the Employer in junior, non-managerial position as a Human Resources Officer.

 

 

  • You are required to analyze the contract and identify which clauses in the contract which are correct and which do not comply with the UAE Federal Labor Law Code No.8 of 1980.

 

  • You must hi-lite in yellow the part in the clause that does NOT comply with the UAE Labor Law Code. Do NOT hi-lite the entire clause. ONLY the incorrect part.

 

  • You must then discuss (in the space provided) the reason(s) why a clause does not comply with the UAE Federal Labor Law Code No.8 of 1980 and include the correct law in your discussion. Please note: include only the relevant correct law (you will lose marks for including irrelevant law example: if you just “copy/paste” all the law from the power point slides.) You MUST have some discussion in the space provided: do not just insert the correct law.

 

  • You must typeyour discussion under each clause in the space provided.

 

  • PLEASE NOTE: YOUR DISCUSSION MUST BE TYPED

 

EMPLOYMENT CONTRACT

 

This employment contract is made on 01 April 2019

 

Between:

 

VSBT Computers and Software LLC, a private company situated at 1243 Hazza Bin Zayed Street, Abu Dhabi (the “Employer”)

 

and

 

Hadeel Jabaar, a Jordanian National and holder of Jordanian passport number J0509081403 of 1908 Burj Al Arab Tower, Hamdan Street, Abu Dhabi (the “Employee”)

 

Who agree that the Employee shall be employed by the Employer on the following terms and conditions:

 

 

  1. JOB TITLE AND DUTIES

 

The Employee shall be employed by the Employer at the VSBT Computers and Software LLC business premises situated at 1243 Hazza Bin Zayed Street, Abu Dhabi, as a Human Resources Officer.

 

 

  1. CONTRACT TERM

 

The Employee shall be employed by the Employer for a limited term of 3 years which employment shall commence on 01 April 2019 (the “commencement date”) and terminate on 31 March 2022. The contract is renewable.

iii.      PROBATION PERIOD

 

The employee shall work under probation for a period of 9 months’ calculated as from the third month of employment. During the probation period, either party may terminate the employment by giving one months’ notice. The employee shall not be entitled to paid leave during the probation period. Once completed, the period of probation shall not be included as part of regular employment.

  1. BASIC SALARY

 

The employer shall pay the employee a basic salary of 40 000 Jordanian Dinars per month which shall be paid into the employee’s bank account in Amman, Jordan on the last day of each month.

  1. ALLOWANCES

 

The employee shall be entitled to the following allowances as specified herein below:

 

Accommodation: AED 180 000 per annum

Education: AED 50 000 per annum

Air tickets: AED 15 000 per annum

Subsistence allowance: AED 5000 per month

 

  1. WORK HOURS

 

The employee shall work from 6h00 until 16h00 Sunday to Friday. The employee shall be entitled to a 30 minute lunch break from 13h00 to 13h30.

 

vii.     HOLIDAY LEAVE

 

The employee shall be entitled to holiday leave after 9 months of employment as follows:

(i)      In the first year of employment: 1 day per month, with half pay

(ii)     From the 2nd year of employment: 21 days per annum, with full pay

 

viii.    SICK LEAVE

 

After 4 months of regular employment and subject to medical recommendation, the employee shall be entitled to 40 days of sick leave per annum, as follows:

(i)      10 days with half pay

(ii)     A further 30 days without pay

The Employer may terminate the Employee’s contract during the final 30 days of sick leave.

  1. MATERNITY LEAVE

 

The employee shall be entitled to maternity leave as follows:

  1. From the 2nd year of employment: 43 days with half pay
  2. The employee is not entitled to extend her maternity leave
  3. OFFICIAL HOLIDAYS

 

The employee shall be entitled to the following official holidays with half pay:

 

Hijri New Year’s Day        (1 day)

Eid Al Fitr (end of Ramadan) (2 days)

Eid Al Adha and Waqfa (3 days)

Prophet Mohammed’s Birthday (pbuh) (1 day)

Al Isra’a Wal Mi’raaj (1 day)

National Day (1 day)

 

An official holiday which falls within the employee’s annual leave shall be calculated as part of the annual leave

  1. HAJ / UMRAH LEAVE

 

The employee shall be entitled to a maximum of 15 days unpaid Haj or Umrah leave once during her employment, which leave shall be included in the calculation of the employee’s holiday leave.

 

xii.     OVERTIME HOURS AND PAY

 

Should the employer require the employee to work overtime from time to time, such overtime work shall be subject to the following conditions:

(i)      The Employee shall not be required to work more than 3 hours overtime a day (except if necessary to prevent a substantial loss or serious accident  or where there has been a substantial loss or serious accident at the place of employment)

(ii)     The Employee shall be paid overtime wages at the rate of the Employee’s hourly rate plus 10%

(iii)    The Employee shall be paid overtime wages at the rate of the Employee’s hourly rate plus 25% if the overtime is required between the hours of 23h00 and 3h00

(iv)     If the Employee is required to work on a Friday after 18h00 then the Employee shall be paid overtime wages at the rate of the Employee’s hourly rate plus 25%  alternatively the Employee shall be given a half day for rest during the weeK

 

xiii.    END OF SERVICE GRATUITY

 

The employee shall receive an end of service gratuity on termination of the employment contract, which amount shall be calculated as follows:

 

  • 21 days salary for each year for the first 5 years of employment
  • 30 days salary for each additional year after the 5 year period of employment
  • Total gratuity shall not exceed 1 years’ salary
  • The gratuity is calculated on the first basic salary received by the employee

 

Employer: (signed on behalf of VSBT Computers and Software by the CEO Saif Al Jabrie) at Abu Dhabi , United Arab Emirates

 

 

_____________________________________________________

Saif Al Jabrie CEO of VSBT Computers and Software

 

 

 

Employee: signed by the Employee at Abu Dhabi, United Arab Emirates

 

______________________________________________________

Hadeel Jabaar

 

Part B: Presentation (to be done in your group and marked individually) (10%)

Due date: Wednesday 18, November 20202

 

 

  • Conduct research and prepare a power point presentation in your groups

 

  • The group must deliver the power point presentation as per the task below

 

  • Give your teacher a hard copy of the power point presentation before your presentation

 

  • You must reference your information at the end of your power point slides

 

  • The delivery of the presentation must be divided amongst the students in the group and each student must present equally

 

 

Task:

The company referred to in Part A, VSBT Computer and Software LLC, decide to use the following logo as their trademark

 

 

 

 

 

Your power point presentation requires each group of students to discuss the items set out below:

 

  1. Introduction: a very brief introduction (include: names of students in group and what the group will be discussing).

 

  1. Discuss the definition of a trademark in UAE Trademark Law (article 2) and compare this definition to the definition of a trademark of any other country of your choice.

 

  1. Describe how trademarks can be protected in the UAE.

 

  1. Explain the difference between using the following symbols next to a trademark: ™ and ®

 

 

  1. Discuss three reasons why a trademark is important for a business.

 

  1. Discuss what constitutes trademark infringement under UAE trademark law.

 

  1. Discuss whether use of the above logo constitutes trademark infringement in terms of UAE trademark law and the reason for your answer.

 

  1. Explain the criminal penalties and the civil remedies available for trademark infringement in terms of UAE trademark law. Briefly explain the difference between civil and criminal sanctions in your discussion.

 

  1. Explain why is it important that the UAE has laws that forbid trademark infringement (including counterfeit goods).

 

  1. Discuss two negative consequences that trademark infringement (including counterfeit goods) may have on:

 

  1. Trademark owners (the original trademark owner)
  2. Consumers (persons who purchase / make use of counterfeit goods)

 

(Note: two negative consequences for (a) and two for (b))

 

  1. Discuss three recommendations that will lead to the reduction in the number of counterfeit goods being sold in UAE.

 

 

 

 

 

 

 

 

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