Uilired Arab Emirates · Uilired Arab Emirates Memorandum of Understanding between the Government of the United Arab ... of national security, public order or public health, by duly

Uilired Arab Emirates

Memorandum of Understanding

between

the Government of the United Arab

Emirates

and the Government of the Republic of

Indiaon

Cooperation in the Field of Manpower

)

Introd uction

The Government of the United Arab Emirates (UAE) and theGovernment of the Republic of India (hereinafter referred to asthe Parties)

Bearing in mind the friendly and cooperative relations that existbetween the two countries and their peoples.

Desiring to enhance the existing friendly relations between thetwo countries through cooperation in the field of manpower topromote mutual benefits, as outlined in this Memorandum ofUnderstandingwhich is intended to guide the development of aninstitutional partnership between the two Parties with a focus onpractical outcomes from an improved administration of thecontract employment cycle of Indian workers in the UAE.

Recognizing the benefits to be derived by both countries fromclose cooperation in the field of manpower.

And pursuant to the prevailing laws and regulations in each ofthe two countries.

Have agreed as follows:

Article 1

GENERAL PROVISIONS

For the purposes of this Memorandum of Understanding:

The term "manpower", used interchangeably with the term

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"workers", shall refer to all Indian nationals employed in the UAEby virtue of employment contracts that are registered with theUAEMinistry of HumanResourcesand Emiratisationandverifiedby the Ministry of External Affairs, Government of India,wherever required and who depart from the UAE at the end oftheir contracted employment.

The UAE Ministry of Human Resources and Emiratisation(MOHRE-)and the Ministry of External Affairs, Government ofIndia will implement the provisions of this Memorandum ofUnderstanding with a view to increasing their collaboration inpromoting best practices in the administration of the cycle ofcontractual employment provided to Indian nationals in the UAE.

Article 2

AREAS OF COOPERATION

1. The two Parties agree to cooperate to ensure sound andeffective administration of the contract employment cycle inaccordance with their respective laws and regulations through:

a) Collaborative administration of the contract employment cycleincluding the use of information technology, the exchange ofinformation and continuing studies in the area of manpower;

b) Ensuring that the deployment of manpower is conducted inaccordance with the principles of transparency, ethicalrecruitment, fairness and mutuality of benefits; their job roles,designation and description;

c) The regulation of employment agencies to enforce fair and

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transparent recruitment practices in their respective jurisdictionand compliance of all actors in the process of recruiting Indianworkers for employment in the UAE with the rule of law andstrengthening the Parties' respective regulations to combattrafficking in persons;

d) Other relevant technical and human resource developmentcooperation as agreed by both Parties; and

e) The undertaking of joint collaborative programs and activities,including pre-departure and post-arrival educational programs inpursuit of the objective of improving the administration of the fullcontract employment cycle. Such collaborative programs oractivities shall be mutually consulted and coordinated betweenthe two Parties in order to draw maximum benefit from theirimplementation.

2. The gateway for the submission and processing of applicationsby UAE employers for manpower from India is MOHRE'sapplicable online system. MOHRE shall make the key terms andconditions of employment, as they are captured in the applicationand in the eventualstandardized employment offer available tothe Ministry of External Affairs (MEA), Government of India byway of linking MOHRE's online ststem with MEA's applicableonline system. A Joint Technical Committee shall be establishedto define and implement linkage requirements.

3. Ensuring the validity of the visa issued by the UAE to Indianworkers, wherever required to facilitate departure at the IndianAirports/Immigration check post.

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Article 3

EMPLOYMENT CONTRACT

,1- The terms and conditions of employment of Indian manpower in

the UAE shall be defined by an individual employment contractbetween the worker and the employer. An offer that is mirroredon the contractwill be signed by both Parties prior to the worker'sdeparture from India. A copy of the UAE Standard EmploymentContract is attached.

2- Upon arrival of the worker in UAE, he/she will sign anemployment contract that will clearly state the rights andobligations of the worker and employer, in conformity with theUAE Labour laws, and be duly filed with MOHRE to constitutethe sole binding contract document for the purpose ofenforcement in the UAE. The terms and conditions ofemployment, as stated in the contract, shall not vary from thosecontained in the employment offer except for alterations that arefavourable to the worker.

3- The employment contract shall be written in the Arabic andEnglish languages;

4- The Arabic and English versions of the labour contract will be theonly authenticated versions recognized by the Ministry of HumanResources and Emiratisation. If and when a dispute pertainingto the terms of the contract between worker and employer isreferred to the relevant judicial authorities of the UAE, it is theArabic text that shall be adopted. The Government of Indiareserves the right to use the English text, being equallyauthentic.

Article 4

RESPONSIBILITIES OF THE GOVERNMENT OF INDIA

1- Ensure that the recruitment and preparation for deployment ofworkers to the UAEwill be in accordance with the existing Indianlaws, procedures, guidelines and regulations.

2- Ensure that Indian workers to be deployed have the necessaryqualifications, and are physically and mentally fit to perform thework for which they are being employed.

3- Ensure that, prior to his/her departure from India, the Indianworkers to be deployed to the UAE wherever required are inpossession of an employment offer duly signed by both theworker and the employer, verified and approved by the MEA.

4- Ensure that the workers are provided with properbriefing/orientation prior to their departure on relevant laws,regulations, policies, procedures, norms, cultures and practicesin both countries of origin and destination relating to theiremployment.

5- Ensure that workers employed in the UAEwill be recruited basedon the stated needs of the contracting UAE employer; theGovernment of India commits to take all necessary measuresthat extend legal protection to departing workers in accordancewith its laws and regulations.

Article 5

RESPONSIBILITIES OF THE UAE GOVERNMENT

1- Ensure that the entry and employment in the UAE of Indianworkers governed by this Memorandum, will be in accordancewith the relevant UAE laws, procedures, guidelines andregulations;

2- Ensure the enforcement and implementation of the employmentcontract duly authenticated by the UAE government

3- Ensure the rights and promote the welfare of Indian workers inUAE pursuant to its laws.

4- Ensure that applications for the employment of Indian workersshall include the job specifications, required qualifications, typeof job for which recruitment is proposed as well as the terms andconditions of employment offered including working hours,wages, non-wage benefits, medical facilities, accommodationand transport when applicable, compensation in case of injury ordeath of the worker due to employment, as per prevailing UAElaw, end-of-service entitlement and any other details required,by the UAE Ministry of Human Resources and Emiratisation.

5- Ensure that workers will have the right to remit their incomes totheir country of origin or elsewhere, at their discretion, inaccordance with and subject to UAE financial and other relevantregulations.

6- Enforce UAE regulations as per the standardized employmentcontract, of the right(s) of the individual to maintain possessionof their personal identification document(s).

7- Endeavour to share with the Government of India the award ofwork permits by MOHRE to Indian nationals.

Article 6

DISPUTE RESOLUTION CONCERNING EMPLOYMENT

In case of a dispute between the employer and the worker, acomplaint will be filed with the competent department of the UAEMinistry of Human Resourcesand Emiratisationto endeavour foran amicable settlement in a time-bound manner. If no amicablesettlement is reached, the complaint will be referred to thecompetent judicial authorities for settlement.

The Parties will ensure access of workers to legal assistancefrom their respective offices.

Repatriation of Indian nationals upon completion of theemployment contract, the expiry of visas, non-cancellation/nonrenewal of visas where the employer is not inposition to fulfil hislegal obligations shall be facilitated by the UAE authorities in anemergency or as the need arises, provided there is no criminalcase pending against the Indian worker.

Article 7

JOINT COMMITTEE

o 1- The two Parties will establish a Joint Committee to implementthis Memorandum of Understanding.

2- The Joint Committee will monitor and evaluate/assess theimplementation of this Memorandum of Understanding

3- The Committeewill be composed of at least three members fromeach Party, led by a senior official, and shall meet annually orwhen it is deemed necessary, alternately in the U.A.E and India.

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Article 8

EFFECTIVITY, DURATION, AMENDMENT ANDSUSPENSION

1- This Memorandum of Understanding will enter into force fromthe date of its signature and shall remain in force for a period offour (04) years and shall automatically be renewed for similarsuccessive periods. If either Party intends to terminate this MOU,then, that Party may by way of a written notice communicate itsintention to terminate, to the other Party through the diplomaticchannels, at least three months prior to the date of termination,in which case the termination becomes effective six months afterthe date of the notice.

2- The two Parties may agree to amend this Memorandum ofUnderstanding after due consultation and by way of a signedaddendum that becomes a complementing and integral part ofthis MOU.

3- Either Party may opt to suspend the implementation of thisMemorandum of Understanding, in whole or in part, for reasonsof national security, public order or public health, by dulynotifying the other Party through diplomatic channels.

4- Any dispute between the Parties arising out of the interpretationor implementation of this Memorandum of Understandingwill besettled amicably by consultations or negotiations throughdiplomatic channels.

Signed in Abu Dhabi on the 10 February 2018 in three originalseach in Arabic, Hindi and English languages, all texts beingequally authentic.

In case of any divergence in interpretation, the English text shallprevail.

G rnmente United ArabEmirates

HE. Nasser Thani JumaAlhamli,

Minister of HumanResources

and Emiratisation

A1~1On behalf of the

Government of theRepublic of India

H.E. Navdeep SuriAmbassador of India to

theUnited Arab Emirates

Protocol on Domestic Workers

Annexed to the Memorandum of

Understanding

between

the Government of the United Arab

Emirates

o

and the Government of the Republic of

India

in the Field of Manpower

Pagelof6

Pursuant to the Memorandum of Understanding (MOU) forcooperation in the Field of Manpower signed on 10 February2018 by the UAE Ministry of Human Resources andEmiratisation and Ministry of External Affairs, Government ofthe Republic of India (hereinafter referred to as Parties)

Noting the enactment of the UAE Law on Domestic Workersthat entered into effect on 16 June 2017 and governs theemployment of all domestic workers in the UAE;

Noting the applicable laws and regulations of theGovernment of India on recruitment and deploymentoverseas of Indian domestic workers;

Noting the shared desire of both Parties to facilitate therecruitment and admission of Indian domestic workers to theUAE and their employment in accordance with the provisionsof the UAE Law on Domestic Workers and in compliance withapplicable Government of India laws and regulationsgoverning the recruitment and deployment overseas of indiandomestic workers , the two frameworks extending legalprotection to Indian domestic workers prior to deployment andwhen in the UAE, respectively;

The two Parties agree to the following:

I.Recruitment of Indian Domestic Workers

The two Parties agree to cooperate to ensure that therecruitmentof Indiandomesticworkers for employment in theUAE is subject to the following enforceable measures:

Page2 of6

1. The recruitment of Indian domestic workers can be donedirectly or through registered and duly licensed UAE privaterecruitment agencies. Only registered and duly licensed UAEprivate recruitment agencies will process applicationssubmitted by UAE employers for the placement of Indiandomestic workers with UAE employers.

2. Only registered and .duly licensed recruitment agenciesauthorized by the Ministry of External Affairs, Government ofIndia for recruitment of male and female category workers willsubmit the names and details of candidates for approvedvacancies.

3. The Two Parties will endeavour to ensure compliance byrecruitment agencies with their respective laws, rules andregulations.

4. The two Parties will cooperate to itemize and identify allcosts associated with the recruitment and deployment ofIndian domestic workers and continuously update theitemized list

5. The obligations of UAE agencies to both worker andemployer will be as per the UAE Law on Domestic Workersand contained in the Standard Contract.

6. The obligations of Indian registered and licensed agenciesto both worker and employer will be as per the Indian lawsand regulations governing the recruitment and deploymentoverseas of Indian domestic workers.

7. The two Parties will cooperate to combat allmanifestations of forced labour and trafficking in persons andviolations of labour rights.

8. Endeavour to share with the Government of India theaward of work permits by MOHRE to Indian nationals.

Page3 of6 .

II.The Contracting Process

The two Parties agree to cooperate to ensure that thecontracting of Indian domestic workers is transparent andcompliantwith their respective regulations:

1.The employmentof a domesticworker by a UAEemployerwill be governed by a StandardEmploymentContract, a copyof which is attached to this Protocol.

2. A duly filled Employment Offer that is mirrored on thestandardcontractwill be communicatedby the UAErecruitingagency to the prospectiveworker for the purposeof obtainingthe verifiable consent of the worker to the terms ofemployment.

3. The two Parties will cooperate to ensure that the terms ofthe offer are accessibleand approved by the Indian side.

4. The EmploymentContractwill be signed by employer andworker upon the arrival of the worker to the UAE.

5. The two Parties will cooperate to design and deliver predeparture and post-arrival worker and employer orientationprograms.

6. The consummation of the contract will be subject to theprovisions of the UAE Law on Domestic Workers and theterms of the contract.

7. Termination of the contract will be governed by theprovisions of the UAE Law and the termination clause of theStandardContract.

Page4 of6

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8. Dispute resolution will be subject to the provisions of theLaw and the terms of the contract. The two Parties willcooperateto ensure that the rightsthat are extendedto Indiandomesticworkers under the UAE Lawon DomesticWorkersand other legislationsare duly protectedand undertake legalmeasuresagainst recruitmentoffices,companiesor agenciesin violation of the lawsof either country.

9. Ensure the rights and promote the welfare of Indianworkers in UAE pursuantto its laws..

10. Ensure that recruitment agencies, offices orcompanies of both countries and the employer shall notcharge or deduct from the salary of the domesticworker anycost attendant to his/her recruitment and deployment orimposeany kind of unauthorizedsalary deductions;

11. The monthly salary as provided in an employmentcontract is paid,and the same is verifiable.

12. Facilitate the repatriation of the Indian domesticworker upon completionl terminationof the contract, or in anemergencysituation, or as the need arises, provided there isno criminal case pending against the Indianworker.

lII.1mplementation of this Protocol

1.The Two Parties agree to establish a Joint Committee tooverseethe implementationof this Protocol.

2. At its inaugural meeting, the committee will identify andagree on a timeline for the development of implementingtools, including IT requirements,to empowerthe Two Partiesto implement the terms of this Protocol.

Page5 of6

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3.The Committeewill meet at least once a year to monitorand jointly assess the outcome of cooperation on domesticlabour.

This Protocol will remain in force until the expiration of theterm of the Memorandum of Understanding (MOU) oncooperationin the Fieldof Manpowerand will be renewedforsimilar periods as andwhen the MOU is renewed.

Page6 of6

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UNITED ARAB EMIRATESMINISTRY OF LABOUR

;;~I ~_,.JI"::'bLA~1J •• 11;;.)IjJ

- ')

Annex of Job Offer for Limited Term Employment Contract

PreambleIn the interpretation of the provisions hereof and the above mentionedJob Offer, the following terms and phrases, wherever mentioned, shallhave the meaning set out for each of them:State/UAE:United Arab EmiratesMOL:Ministry of LabourLaw: Federal Law No. 8 of 1980 on regulation of labour relations, asamended.Applicable Laws: in addition to the previously mentioned Law, the setof regulatory decisions circulations issued under the law and beingimplemented by MOL deemed as the code of legislation and governingrules regulating the UAElabour market.State of Recruitment: the state from which the Worker came, whether itis the state of their nationality or any other state.Job Offer (this Offer): the Job Offer given to the Worker in the State ofRecruitment or within UAE, signed by the Worker (or thumb imprintedifWorker is fourth/fifth level skilled) and upon which the EmploymentContractis signed. The Job Offer Annex is an integral and complementary part ofthe Job Offer.The Contract (this Contract/ Employment Contract): the abovementioned Contract executed under the Job Offer given to and signed byWorker.The First Party: the EmployerThe Second Party: the Worker (male or female)Parties! Both Parties: the Employer and WorkerWage (Total Wage): the total of whatever given to the Second Party(Worker) in return for his service by virtue of an Employment Contract,whether in cash or in kind including bonuses, cost-of-living allowanceamong any other allowances and bonuses.Basic Salary: The wage stipulated in the Employment Contract duringthe term of effect thereof between the Parties. exclusive of any

allowances whatsoever.

Page 11

UNITED ARAB EMIRATES

MINISTRY OF LABOUR

_.""'l!\

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Status Amendment: converting the State entry permit into workvisa/ permit.Occupational Injury: The Second Party's occurrence of an occupationaldisease set forth in the schedule enclosed with the law, or any otherinjury arising out of his work and occurring during the work and byreason of practicing the job.. Each and any accident occurring to theSecond Party during the period for going to and returning from his workshall be deemed as an occupational injury provided that such route ismade without any stopping, lingering or diversion from the ordinaryone.

Article (115)of the Labour Law:Should the Employment Contract be of a limited term, and the Employerterminated the same for reasons not set forth in Article (120), he shall bebound to compensate the Worker for the damage incurred thereto, providedthat the compensation amount does not exceed in any case the total wage duefor the period of three months or for the remaining period of the Contractterm, whichever is shorter, unless otherwise is stipulated in the Contract .

Article (116)of the Labour Law:Should the Contract be terminated by theWorker for causes not set forth in Article 121,the Worker shall be bound tocompensate the Employer for the loss incurred thereto by reason of thetermination of the Contract, provided that the amount of compensation doesnot exceed the wage of half a month for the period of three months, or for theremaining period of the Contract, whichever is shorter , unless otherwisestipulated in the Contract .

-_) Article (121)of the Labour Law: TheWorker may leave work without noticein the following cases:a - Should the employer breach his obligations towards the worker, as setforth in the Contract or the law.b - Should the employer or the legal representative thereof assault theworker.

Page 12


MINISTRY OF lABOUR;o......,..:a.1 ~j&1I..:.IJL...~1

J •• tt iJIjJ

Article (122)of the Labour Law: The termination of the employment of theWorker by the Employer shall be deemed arbitrary should the cause oftermination not be related to the work, in particular should the termination of.the employment of the Worker be made by reason of the filing by the latter ofa serious complaint before the pertinent authorities or a valid claim againstthe Employer.

Article (123) of the Labour Law:a - Should the Worker be arbitrarily dismissed, the competent court mayorder the Employer to pay a compensation to the Worker. The court shallassess such compensation, taking into account the type of work and the extentof damage incurred to the Worker as well as the duration of employment andafter the investigation of the work conditions. Inall cases, the amount ofcompensation shall not exceed the wage of the worker for a period of threemonths calculated on the basis of the last due wage.

b - The provisions of the preceding paragraph shall not breach the right of theWorker to the gratuity entitled thereto and the compensation in lieu of noticeprovided for herein.

+

Article (128) of the Labour Law: Should the non - national Worker leave workwithout a valid cause prior to the end of the Contract with limited term, hemay not get another employment even with the permission of Employer for ayear from the date of abandonment of the work. No Employer mayknowingly recruit Worker or retain in his service during such period.

'J Whereas the First Party desires to contract with the Second Party to employthe latter to carry out the job mentioned in the first Article of the Job Offer,both parties have signed the previously mentioned Job Offer and this Annexhas been enclosed to such Job Offer. Both parties have reviewed the articlesset forth in both the Job Offer and Annex thereof, and are fully aware of theirprovisions. Such articles are as follows:

Page 13

UNITED ARAB EMI.RATESMINISTRY OF LABOUR

ii~' ~j&ft uGLe~1J •• IIo,)UJ

Article (1)

Should the Second Party successfully pass the probation period set forth inthe Third Article of the Job Offer and continues the work, then the probationperiod shall be calculated within his total term of service. The First Party maydismiss the Second Party during the probation period without a notice or endof service gratuities.

)

Article (2)

The labour relation governed by the Contract executed under this Offer, shallbe a contractual and consensual relationship. Neither Party shall be obliged tocontinue such contractual relationship with the other Party without itsconsent, provided that the Party terminating the contractual relationshipupon its sole discretion shall bear all legal consequences resulting therefromas per stipulated in this Annex and according to any MOLapplicable laws.The labour relation between both Parties shall end if any of the followingcases occurred:

1. Incase of expiry of the mutually agreed upon term of the Contractexecuted under this Offer and not renewed under the applicable laws.

2. Should both Parties agree to the termination of Contract during theterm thereof, provided that the consent ofWorker is in writing.

3. Should either Party solely terminate the Employment Contract,without any reason related to the other Party. In such case, theterminating Party at its sole discretion shall bear the consequences ofsuch termination including the provisions of Articles (115,116,123 and128)of the abovementioned law regulating labour relation.

4. Should the Employer terminate the labour relation for any of thereasons stipulated in clauses (1to 9)of Article (4)of this Annex.

5. Should the First Party proven to violate its legally or contractuallystipulated obligations or if the employer or any of its legalrepresentative has assaulted the employee as per the Article (121) ofLabour Law.

6. In case of impossibility of execution due to Worker-related reasons(death, total disability, disease, reaching the age of retirement),Employer-related reasons (administrative or non-administrative

Page 14

UNITED ARA8 EMIRATES

MINISTRY OF lA80URo;~1 Y.J-A1,uljL..1'J ... tt 6.)!)J

closure of the establishment under order of the court or competentauthorities) or due to forcemajeure.

7. Should the First Party terminate the Contractual relationship due toreasons irrelevant to the work, in particular if termination of theSecond Party's employment be made due to filing a serious complaintby the Second Party before the competent authorities or a proven validclaim against the First Party according to Article (122) of the lawregulating Labour.

Article (3)Obligations of the First Party (Employer)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the First Party shall:

1. Enable the Second Party to carry out the agreed upon job from the dateof entering the State if he is coming from outside the State, or from thestatus amendment date, if he is inside the State. In addition, the FirstParty has to finish all procedures prescribed by the legal systemsconcerning commencement of work and enable the Second Party tosign the Employment Contract within two weeks from the dates of thework enabling aforesaid in this clause.

)

2. Obtain a copy of the Employment Contract from MOL, sign the samewith the Second Party, submit it to MOL for approval within theperiod set thereby and submit a copy of the approved Contract to theSecond Party along with a copy of the work permit.

3. Pay the due wage to the Second Party in addition to any other rights orbenefits as set forth in the Employment Contract and according to thedates, procedures and MOL applicable laws. The First Party may notdeduct any amounts from the Second Party's wage, for special rights,except in the following cases:

Page 15

UNITED AR,AB EMIRATESM.INISTRY OF LABOUR

;;~I ~jAll..:.bL..~1J •• lli.hJ

a) The recovery of advances or amounts of money paid to theSecond Party in excess of his entitlements, provided that theamount deducted in such case shall not exceed 10 percent ofthe Second Party'S periodic wage;

b) The installments which the Second Party is legally requiredto payout of his wage including social security andinsurance schemes;

c) The Second Party's contributions to the saving fund oradvances repayable thereto (if any).

d) Installments to any welfare scheme or in respect of any otherbenefits or services provided by the First Party andapproved by MOL;

e) Fines imposed upon the Second Party against any offencecommitted by the same;

f) Any debt payable in execution of a court judgementprovided that the deduction shall not exceed one-quarter ofthe Second Party's wage. Where two or more debts arepayable or in case of multiple creditors, the maximum shallbe half of the Second Party's wage and the sums ofmoney tobe attached shall be divided pro rata among the beneficiariesafter payment of any legal alimony at the rate of one-quarterof the wage.

)

4. Provide the Second Party with the working hours, weekly and dailyrest days as well as the Employment Contract and all shall be placed inthe workplaces as identified under the applicable laws.

5. Be most accurate upon filing any complaint or submitting noticesconcerning the Second Party, including a report of a sudden absencewithout following the legal procedures. Incase of proven non-seriouscomplaints, MOLmay take the actions stipulated in the applicable lawsagainst the First Party.

6. The First Party shall not oblige the Second Party to purchase goods orfoodstuff from certain stores or products of the First Party.

Page 16

UNITED ARAB EMIRATESMINISTRY OF lABOUR

• .u.:al ~~I ubL.e~1J 1 • 11• .)'.)_,

7. Subject to Clause (4) of this Article, the First Party shall not force theSecond Party to work for more than 8 hours daily or more than 48hours weekly, except for the following cases:

First: Cases for Reduction of working hours:

(a) Working hours may be reduced for strenuous or healthharmful works by virtue of a decision from the Minister ofLabour.

(b) Daily working hours may be reduced by two hours during

Ramadan.

Second: Cases for Increase of working hours:

(a)Working hours may be increased to nine hours per day forpeople employed in trade, hotels, cafeterias, security andother jobs which may be added by virtue of a decision fromthe Minister of Labour, provided compliance with thefollowing:

• Ordinary working hours shall be reduced on any working day of theweek by the amount of increase over 8 hours applied to other daysin order to limit the weekly working hours to 48 hours. Shift system,in which daily ordinary working hours exceed 9 hours, may beapplied provided that weekly working hours shall not exceed 48hours. Working hours shall be identified for each shift and shall benotified to the Second Party and MOL and placed on the mainentrances of the establishment.)

(B)Overtime working hours may not exceed two hours per day, unlesssuch work is necessary for the prevention of the occurrence of a colossalloss or a serious accident. The First Party shall, in consideration of theovertime working hours set out in this clause, pay the Second Party awage equivalent to the ordinary hourly wage with an addition of atleast 25%of the said wage. Should the overtime work is between 9 p.m.and 4 a.m., the Second Party shall be entitled to a wage equivalent to the

Page 17


;i~I~j&llubLo?l1J ... IIoJ!)'"

prescribed ordinary hourly wage with an addition of at least 50% of thesaid wage.

8. The First Party shall grant the Second Party the following rest intervals:First: a daily rest of at least 1 hour so that the Second Party shall notwork more than 5 consecutive hours without intervals for rest. Suchintervals shall not be included in the working hours.

Second: the weekly rest may be more than one day as agreed upon byboth Parties. Friday shall be the ordinary weekly rest for the SecondParty with the exception of daily wage -workers. Both Parties mayagree on any other weekly rest day. The Second Party may not berequested to work for more than two consecutive rest days with theexception of the shift workers.

9. Without any prejudice to the First Party's right to terminate the SecondParty without a notice or a gratuity due to any of the reasons stipulatedin this Annex and the law regulating labour relation, the First Partymay not terminate the service of the Second Party or notifying him ofthe same during his leave stated in this Annex and the law regulatinglabour relation.

.J

10.The First Party shall provide all means and meet all requirements ofoccupational health and safety matters set by MOL to protect theworkers from occupational injuries, diseases and risks that may occurduring work, in addition to fire risks among all other risks as resultingfrom using such equipment and other work tools in order to provide ahealthy and appropriate environment for workers. Moreover, the FirstParty shall provide healthcare services for the Second Party accordingto the laws issued by federal and local authorities in such regard.

11.The First Party may not terminate the Second Party for his medicalunfitness before the exhaustion of all the sick leaves legally due to him;otherwise, any such termination shall be deemed null and void.

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12. The First Party shall give the Second Party, upon the request thereofand at the end of the labour relation, a certificateof end of service to beissued free of charge, in which the date of commencement andtermination of the employment, the total duration of employment, thetype of work performed and the last paid wage and supplementsthereof, if any, are stated. Moreover, the First Party shall return to theSecond Party any certificates, documents or tools belonging to theSecondParty.

13.The First Party shall bear all costs of recruitment and employmentstipulated under the applicable procedures in such regard includingthe SecondParty's travel ticket from abroad. Inaddition, the First Partyshall bear all mediation fees (if any), and after the termination ofContract, the First Party shall bear the costs of the return travel of theSecond Party (and his family upon mutual agreement) to thedestination from where the Second Party came or to any otherdestination as agreed upon by both Parties. The Second Party shallbear the cost of his return ticket in case of the termination reasons areattributable to him.

14.The First Party shall take all necessary actions stipulated by MOLapplicable laws in case of the occurrence of any occupational injury ordisease to the SecondParty as stipulated under the law.

)15.In cases of occupational injuries or diseases, the First Party shall

undertake to pay the cost of treatment of the Second Party in one of theofficially approved medical centers until his recovery or provendisability, provided that such injury shall not be due to a deliberate actof the SecondParty.

16.Should the injury prevent the Second Party from performing his work,the First Party shall pay him a financial aid equivalent to a full wagefor the entire period of treatment, or for a period of (6) months,whichever is shorter. Should the treatment last for more than (6)

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UNITED AR.AB EMIRATESMINISTRY OF LABOUR

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months, such financial aid shall be reduced by half for the following (6)months or until the Second Party is fully recovered, declared disabledor dies, whichever occurs first.

17.The First Party or any legal representative thereof shall be prohibitedfrom assaulting the Second Party in any form or manner whatsoever,sexually harassing, putting under compulsory labor or imposing uponforced labour. Should otherwise is proven to occur, the Second Partymay leave the work at any time and without a notice and may refer toMOLto file a complaint against the First Party if he is entitled thereto.

18.In case the First Party is obliged to provide accommodation for theSecond Party, such accommodation shall meet all the specificationsand requirements stipulated in the MOL applicable laws in suchregard.

19.Should the first Party assign the Second Party with a job in places farfrom cities where ordinary transports do not reach, the First Party shallprovide the Second Party with all or any of the following services (asper determined by a decision of Minister of Labour regarding suchplaces and services):- Suitable Means of Transportation- Suitable Accommodation- PotableWater- Proper Foodstuff- Medical Aid Equipment- Entertainment andSports Means.

,_)20.The First Party shall notify MOL of any changes in the data of its

address or contact information within one week of such change,otherwise, correspondences sent to the data obtained by the MOL shallbe deemed valid and legally effective.

Article (4)Obligations of the Second Party (Worker)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the Second Party shall:

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1- Give due diligence to the following:

(a) Directly joining the work for the First Party upon entering the Statein case of being a Worker from abroad, and upon statusamendment in case of being contracted with from inside the State.Should the First Party not enable the Second Party from joining thework agreed upon as per this Contract, then the SecondParty has torefer to the Ministry of Labour within a period of two weeks fromthe dates referred to in this Paragraph.

(B) The Second Party has to keep on doing his work and not to stop unlessthere are legal reasons as per stated in this Employment Contract, its Annexand the MOLapplicable laws; therefore, the Second Party has to refer to theMOL within a period not exceeding two months from the date of hisunemployment in all cases.

( C) Performing his basic duties under the Employment Contract by carryingout his job timely by himself and as per the specifications required by natureof his entrusted job. Incase of continuous breach of such basic duties, the FirstParty may dismiss the Second Party without prior notice or end of servicegratuity after carrying out a written investigation and warning him ondismissal in case of repetition.

2- The Second Party shall not assume false identity or nationality, orsubmit false certificates or documents.

) 3- The Second Party shall not commit an error resulting in gross materiallosses to the First Party. It is the MOLwhich shall determine such loss,provided that the same is notified of the incident by the First Partywithin (48)hours from the knowledge of the occurrence thereof.

4- The Second Party shall not violate the instructions related to the safetyat work or in the workplace; provided that such instructions be writtenand posted in a prominent location, and that he is notified thereof inoral manner should he be illiterate.

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5- The Second Party shall not disclose any of the secrets of theestablishment where he is working.

6- The Second Party shall not commit any act that would entail convictionof the same in a final judgment by the competent court in a crime ofhonor, honesty or public ethics.

7- The Second Party shall not be found in a state of drunkenness or underthe influence of a narcotic during working hours.

8- The Second Party shall not assault, during the work, the First Party,manager in charge or any co-worker.

9- The Second Party shall not be absent without valid cause for morethan twenty non-consecutive days in one contractual year, or for morethan seven consecutive days.

In case the Second Party breaches any of the above clauses (from 1 to 9) ofthis Article, the First Party may dismiss the Second Party without notice orend of service gratuities.

10- The Second Party shall not work for third Parties even during his leaveexcept in the cases and under the conditions and regulations stipulatedin the Employment Contract, which are set forth in MOL applicablelaws.

11-The Second Party shall maintain work tools and properties. Inaddition, the Second Party shall not, for his own use, keep workdocuments except to the extent permitted by the First Party or asrequired to carry out the job responsibilities.

12- The Second Party shall notify the First Party of his sickness withinmaximum two days in case such sickness is not due to an occupationalinjury. The First Party shall initiate to take necessary actions toimmediately make the Second Party undergo medical examination inorder to verify the sickness thereof and to ensure provision ofnecessary treatment according to the applicable laws in such regards.

13-The Second Party shall not deliberately submit malicious reportsagainst the First Party and shall be cautious and accurate in submittingdata, notices or reports on the conditions of work or housing providedby the First Party.

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14-The Second Party shall use protective equipment and clothingprovided to him for such purpose, abide by all instructions of the FirstParty aiming at his protection from risks and shall refrain fromcarrying out any act in a way that may obstruct the implementation ofsaid instructions.

15-In the event where the First Party provides the Second Party withaccommodation, the SecondParty shall:

Maintain such accommodation including all its contents and usethe same only for the intended purpose and according to theregulations set insuch regard.Vacate the accommodation place within no more than thirtydays from the date of termination of the employment thereof.The SecondParty shall not delay vacation of the accommodationbeyond the said period for any reason whatsoever, providedthat the First Party pays to the Second Party travel expenses,end of service gratuities and any other entitlements undertakenby the First Party in accordance with the Employment Contract,establishment policies or the applicable law.Should the Second Party dispute over the amount of the saidexpenses and entitlements, the MOL shall specify such expensesand entitlement in an expedite manner within one week fromthe date of notification thereto, provided that it notifies theSecond Party thereof upon specifying the same. In such case,the mentioned period of thirty day shall be effective as of thedate of the deposit by the First Party of the specified expensesand entitlements into the MOL treasury on trust. Should theSecond Party not vacate the accommodation after elapse of thesaid period of thirty days, the MOL shall cooperate with thepertinent authorities to take the necessary administrativemeasures for the vacation. The provisions of the present Articleshall not prejudice the right of the Second Party to challenge thesame before the competent court.

16-The Second Party shall provide assistance and help in case of risks,disasters and crises that may threaten the safety of workplaces andworkers.

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17-The Second Party shall undergo, upon the First Party's request, tomedical examinations required prior to or during employment andjoining the work as long as such examinations are necessary for thebenefit of work.

18-The Second Party shall pay the fees of obtaining ID cards for himselfand his family members.

19-The Second Party shall inform the First Party of his full address andany other contact information suitable for communication therewith, towhich work relevant notices may be delivered. Accordingly, the FirstParty shall notify MOL of such address and information. The SecondParty shall carry out such notification to the First Party in case anychanges occurs to such information.

20-The First Party shall refer to MOLin the following cases:First - Should the Second Party remain unemployed for a period of twomonths, the Second Party shall notifyMOLwithin such period.Second - Should MOL refer the complaint of the Second Party to thecompetent court, the Second Party shall:

a. Register his complaint within two weeks from the date ofreferral.

b. Follow up his complaint before the competent authorities,attend hearings, and implement instructions issued byjudicial authorities.

c. Settle his status by cancelling the permit and moving to workfor another establishment or leaving the State within no laterthan two months after issuance of the final or conclusivejudgement.

- For the purpose of the required regulation of the UAE labour market andproviding for a safe "andstable work environment to all workers within theState, MOLwill prohibit granting the Second Party a work permit for periodsless than one year from the date of leaving the State in any of the followingproven cases:

1. 6hould the Second Party not refer to MOL and follow the requiredprocedures in the two cases mentioned in this Clause.

ii. Should both Parties (the Employer and the Worker) agree onterminating the Contract during its term before the Worker continued

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six months of employment term, with exception of the workers of first,second and third skill levels.

iii. Should the Worker solely terminate this Contract during its termwithout a reason attributable to the First Party.

iv. Should the Second Party be dismissed for any of the reasons stipulatedin Clauses (from 1 to 9) ofArticle (4)of this Annex

Article (5)Rights of the Second Party (Worker)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the Second Party shall be entitled to:

1. Filea serious complaint to MOLin case of having any grievance concerningthe First Party's violation to the articles of the Contract entered into by bothParties, or a breach of the provisions of the MOl applicable laws in favor ofthe SecondParty, provided that such complaint shall be filed within no laterthan thirty days as of the date of the Second Party's knowledge of theincident subject matter of grievance., and that the Second Party shall becautious in proving information and facts relating to such complaint.

2. Receivehis wage in full in the manner and at the times stipulated under theEmployment Contract as per the laws and regulations set by MOL as longas the there is no legal reasons preventing the same, provided that suchreasons shall be attributed to Second Party itself and that such reasons maylead to prevent payment of the wage in whole or in part.

3. Get the weekly rest for at least one day or more per week as agreed upon inthis Contract. Such day-off shall be identified and known in advance, thesame case as working hours. In case the work circumstances requires theSecond Party to work on this day, the Second Party shall be entitled toa substitute rest day, or to receive the basic salary for the ordinary workinghours in addition to at least 50 % of the said wage. The Second Party shallnot be prevented from such day set for the weekly rest more than twoconsecutive times.

4. Have an officialleave with full payment in the following occasions

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New Year'sDay (Hijri) (One day) - New Year'sDay (Gregorian) (One day) -Eid al Fitr (Two days) - Eid al Adha and Arafat Day (Three days) - ProphetMohammed Birthday Anniversary (One day) - Isra and Mi'raj (One day)and the National Day (One day), in addition to any further similar leaveslegally prescribed for the workers. Should the work circumstances requirethe Second Party to work during holidays or leaves for which a payment ispaid thereto, the Second Party shall be granted a substitute leave as well asan increase in the basic salary amounting to 50 % thereof. Should theSecond Party not be granted a substitute leave, the First Party shall pay tothe Second Party an additional sum to the basic salary thereof amounting to150% with regards to the days ofwork.

5. Get, during every year of service, an annual leave of no less than thefollowing periods:

A - Two days for each month should the period of service be of six monthsat least and a year at most.

B- Thirty days for each year should the period of service exceeds one year.Should the service of the Second Party be terminated, the SecondParty shallbe entitled to an annual leave for the fractions of the last year. The holidaysset by law or by agreement, or any other leaves caused by illness should itoccur during such holiday shall be included in the annual leave anddeemed a part thereof.

) 6. Receive the basic salary plus a housing allowance, if any, for the days of theannual leave, provided that such wage shall be paid to the Second Partyprior to commencement of his annual leave the provisions of law for suchprescribed leave. Should the work circumstances require the Second Party'swork during his total annual leave or a part thereof, and should the leaveduring which the Second Party worked is not carried forward to the nextyear, then the First Party must pay to the Second Party his wage, in additionto a leave allowance for the days of work, equal to his basic wage. In all

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cases, the Second Party may not be required to work during the annualleave for more than oncewithin two consecutiveyears.

7. Receive payment of his wage for accrued annual leave days should he bedismissed or should he leave work as per MOL applicable laws. Suchpayment shall be calculated on the basic wage paid to the Second Party atthe time of entitlement to such leave.

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8. The FemaleWorker shall be entitled to a maternity leave with full paymentof the wage thereof, and such for a period of forty-five days that include thepre- and postnatal periods, provided that her continuous service period forthe First Party is of one year at least. The maternity leave shall be grantedwith half a wage should the Second Party not have completed theaforementioned period.Upon the end of the maternity leave, the Female Worker may remainabsent from work without pay for a period of one hundred consecutive ornon-consecutive days at most if such absence be caused by an illnesshindering her from returning to work . Such illness shall be established bymeans of a medical certificate issued by the medical entity appointed by thecompetent health authority or ratified by such authority stating that suchillness arises from the pregnancy or the delivery. The leave referred to inthe preceding clauses shall not be deducted from other leaves to which theFemale Worker is entitled. During the period of eighteen monthssubsequent to the date of delivery, the nursing Female Worker shall beentitled to two additional periods per day for such purpose, the duration ofeach thereof shall not exceed half an hour. Such additional periods shall bedeemed as part of the working hours and do not entail any deduction of thewage.

9. Get a sick leave not exceeding 90 consecutive or non-consecutive days foreach year of service, calculated as follows: the first fifteen days with fullpay, the following thirty days with half pay, and the following periodswithout pay, all this provided that the Second Party spends more than threemonth after the end of the probation period in the continuous service of theFirst Party and contracted an illness. The Second Party shall not be entitled

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to the wage during the sick leave if the illness directly arises from the illbehavior of the Second Party such as the consumption of alcohols ornarcotics.

10. If the Second Party resigns from service by reason of illness before theexpiry of the first forty five days of the sick leaves, and the governmentalphysician or the physician appointed by the First Party approves the causeof resignation, the First Party must pay to the resigning Worker the wagedue to him with regards to the remainder of the first forty five days referredto in Clause (9)hereinabove.

11. The Second Party shall be granted for the entire duration of his employmentand for only one time a special leave without pay for the pilgrimage. Suchleave shall not be included in the other leaves and may not exceed thirtydays.

12.The Second Party, having spent five years in service for the First Party, shallbe entitled to an end of service gratuity upon the termination of his serviceor completion of the contract agreed-upon term. The days of absence fromwork without pay shall not be included in the calculation of such period ofservice.

The gratuity shall be calculated as follows: the wage of twenty onedays for each of the first five years of service, and the wage of thirtydays for every additional year, but always provided that in all casesthe total gratuity shall not exceed the basic wage of two years. TheSecond Party shall be entitled to a gratuity for the served fraction of ayear, provided that the Second Party completes the actual period ofservice stipulated under this paragraph.

The First Party may deduct from the end of service gratuity anyamounts due to the same and accrued on the Second Party.

The end of service gratuity shall not be granted in cases that allow forprevention thereof as per set forth under this Annex, and in the eventthat the Second Party leaves the work at his own accord so as to avoid

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the reasons for dismissal set forth in clauses (from 1 to 9) of Article (4)of this Annex.

In the event of the Second Party's death, his due end of servicegratuity shall be paid to the beneficiaries thereof.

13. Should the occupational injury or disease cause the death of a Worker, thenthe members of his family shall be entitled to compensation equal to thebasic wage of the Worker for a period of twenty-four months, provided thatthe amount of compensation shall not be less than eighteen thousandDirhams or be more than thirty five thousand Dirhams. The amount ofcompensation shall be calculated on the basis of the last basic wage receivedby the Second Party prior to his death. The compensation shall bedistributed in accordance with the provisions of the schedule enclosed withthe applicable law.

14.The Second Party shall be entitled to the same compensation set forth inOause (13) hereof in case of permanent total disability. As for a partialdisability, the Second Party shall be entitled to a compensation according tothe rates set forth by law. (Moreover, in case of the Second Party's partialdisability preventing him from carrying out his job duties, if he is capableof performing other works that are consistent with his health condition, andshould such works exist, then the First Party shall transfer the Second Partyupon the latter's request to one of such works. In this case, the First Partyshall pay the Second Party the wage normally paid to workers of similarjobs with the same title, without prejudice to the rights and compensationsdue to the Second Party by virtue of the provisions of this Annex). TheSecond Party shall not be entitled to the rights and compensations set forthhereunder, if it is proven in the investigations of the competent authoritiesthat the Second Party deliberately injured himself with the intention ofcommitting suicide or for obtaining a compensation, a sick leave or anyother reason, or if the Second Party be at the time of the incident under theinfluence of drugs or alcohols.

15. Retain the evidencing documents relating to him.

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16. If a change occurs in the form of the establishment or the legal statusthereof, the Employment Contracts effective at the time of the changeshall remain valid between both the new Employer and the SecondParty. The employment shall continue and both the original and newEmployers shall be jointly liable for a period of six months for theexecution of the obligations arising from the employment contractsduring the period preceding such change. Upon lapse of the said period,the new Employer shall solely bear such liability.

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Article (6)Rights of the First Party (Employer)

For purposes of implementation of the Employment Contract by and betweenboth Parties, and subject to the stipulated provisions regarding the SecondParty's right to complaint and grievance as long as actual reasons establishedtherefore, the First Party shall be entitled to:

1.Inflict any of the following disciplinary penalties upon the Second Party:Warning, fine, suspension with reduced pay for a period not exceedingten days, deprivation from or deferment of periodic bonus, deprivationfrom promotion, dismissal from work, dismissal from work anddeprivation from the total end of service gratuity or a part thereof. Suchpenalty shall not be inflicted for reasons other than the ones mentionedexclusively in Clauses from (1 to 9) of Article (4) hereof. Rather, thepenalty shall be the termination of service with deprivation from wageonly in case of proven work for third Parties by the Second Party even ifsuch work was carried out during his leave from work unless as per thecases, the manners and the regulations prescribed by MOL applicablelaws.

2.Upon infliction of any of the abovementioned penalties by the First Partyas set forth in Clause (1) hereof, the First Party shall commit to thefollowing:

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A- The penalty of deprivation of the periodic allowance may not beimposed more than once per year, and such allowance may not bedeferred for more than sixmonths.

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B- The penalty of deprivation of the promotion may not be imposed formore than one promotional cycle.The penalized Worker shall be thenpromoted during the following promotional cycle if he meets thenecessary conditions for such promotion.

c- No disciplinary penalty may be imposed on the Worker for an actcommitted thereby outside the workplace, unless such act isconnected to the work, the Employer or the manager in charge.

D- It shall not be permissible to impose more than one penalty orcombine any disciplinary penalty with the deduction of any part ofthe wage of the Second Party due to losing, damaging or destructingmachines, tools, products or materials owned by the First Party or.such was in the latter's custody wherever the same is resulted fromthe Second Party's default or his violation to the First Party'sinstructions.

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E- It shall not be permissible to impose on the Second Party any of thepenalties unless the Second Party is notified in writing with regardsto charges made against him. after having heard his statements andthe defense thereof investigated, and after having recorded the matterin a minutes deposited in his personal file. The penalty shall be notedat the end of such minutes. The Second Party has to be notified inwriting of the penalties imposed upon him, its type and amount, thecauses of imposition and the penalty to be imposed in case ofrecidivism.

F- The fine may be a specificamount or an amount equal to the wage ofthe Second Party for a specificperiod. The fine prescribed concerningone breach may not exceed the wage of five days. Furthermore, forthe settlement of the fines imposed on the Second Party, only a

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maximum amount equal to the wage of five days may be deductedfrom the wage of the SecondParty per one month.

G- The Second Party may not be accused of a disciplinary offense afterthirty days of the discovery thereof. Furthermore, no disciplinarypenalty may be imposed after sixty days from the date of completionof the investigation in the offence of which the Second Party is foundguilty.

3. The First Party may, temporarily, suspend the Second Party from workupon charging the same of a deliberate crime against life, property,honor, or honesty. The suspension period shall commence on the date ofthe notification of the incident to the competent authorities and until theissuance of a decision thereby in such regard. The Second Party shall notbe entitled to his wage during the said suspension period. Should adecision be issued for the non-prosecution or the acquittal of the SecondParty, the latter shall be reinstated and paid the full wage for thesuspension period, should such suspension be arbitrary from the FirstParty without justifying reasons.

4. The First Party may determine the date of the commencement of thearmualleave, and may divide it if necessary to two or more periods.

5. The First Party may terminate the service of the Second Party subsequentto the exhaustion of his sick leaves, should the Second Party not be able toreturn to his work. Insuch case, the Second Party shall be entitled to theend of service gratuity.

6. The First Party may change the Second Party's workplace with noprejudice to the wage or job of the latter in accordance with therequirements and regulations prescribed in such regard.

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Article (7)

Provisions of MOL applicable laws shall apply to any matters not explicitlystipulated herein. Any dispute arising in connection with this Job Offer andthe Annex thereof shall be subject to the jurisdiction of DAE Courts. The FirstParty shall acknowledge and declare that any notices or correspondencesmade to him by any means of communication to the contacts mentioned inthe Job Offer shall be deemed valid and of all legal effect.

Page 123

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Annex of Job Offer for Unlimited Term Employment Contract

PreambleIn the interpretation of the provisions hereof and the above mentionedJob Offer, the following terms and phrases, wherever mentioned, shallhave the meaning set out for each of them:State/UAE:United Arab EmiratesMOL:Ministry of LabourLaw: Federal Law No.8 of 1980 on regulation of labour relations, asamended.Applicable Laws: in addition to the previously mentioned Law, the setof regulatory decisions circulations issued under the law and beingimplemented by MOL deemed as the code of legislation and governingrules regulating the UAE labour market.State of Recruitment: the state from which the Worker came, whether itis the state of their nationality or any other state.Job Offer (this Offer): the Job Offer given to the Worker in the State ofRecruitment or within UAE, signed by the Worker (or thumb imprintedifWorker is fourth/fifth level skilled) and upon which the EmploymentContractis signed. The Job Offer Annex is an integral and complementary part ofthe JobOffer.The Contract (this Contracf/ Employment Contract): the abovementioned Contract executed under the Job Offer given to and signed byWorker.The First Party: the EmployerThe Second Party: the Worker (male or female)Parties! Both Parties: the Employer and WorkerWage (Total Wage): the total of whatever given to the Second Party(Worker) in return for his service by virtue of an Employment Contract,whether in cash or in kind including bonuses, cost-of-living allowanceamong any other allowances and bonuses.Basic Salary: The wage stipulated in the Employment Contract duringthe term of effect thereof between the Parties, exclusive of any

allowances whatsoever.

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Status Amendment: converting the State entry pe~t into workvisa/permit.Occupational Injury: The Second Party's occurrence of an occupationaldisease set forth in the schedule enclosed with the law, or any otherinjury arising out of his work and occurring during the work and byreason of practicing the job. Each and any accident occurring to theSecond Party during the period for going to and returning from his workshall be deemed as an occupational injury provided that such route ismade without any stopping, lingering or diversion from the ordinaryone.

Article (116)of the Labour Law: Should the Contract be terminated by theWorker for causes not set forth in Article 121,the Worker shall be bound tocompensate the Employer for the loss incurred thereto by reason of thetermination of the Contract, provided that the amount of compensation does

. not exceed the wage of half a month for the period of three months, or for theremaining period of the Contract, whichever is shorter , unless otherwisestipulated in the Contract .

Article (121)of the Labour Law: The Worker may leave work without noticein the following cases:a - Should the employer breach his obligations towards the worker, as setforth in the Contract or the law.b - Should the employer or the legal representative thereof assault theworker.

Article (122)of the Labour Law: The termination of the employment of theWorker by the Employer shall be deemed arbitrary should the cause oftermination not be related to the work, in particular should the termination ofthe employment of the Worker be made by reason of the filing by the latter ofa serious complaint before the pertinent authorities or a valid claim againstthe Employer.

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Article (123) of the Labour Law:a - Should the Worker be arbitrarily dismissed, the competent court mayorder the Employer to pay a compensation to the Worker. The court shallassess such compensation, taking into account the type of work and the extentof damage incurred to the Worker as well as the duration of employment andafter the investigation of the work conditions. Inall cases, the amount ofcompensation shall not exceed the wage of the worker for a period of threemonths calculated on the basis of the last due wage.

b - The provisions of the preceding paragraph shall not breach the right of theWorker to the gratuity entitled thereto and the compensation in lieu of noticeprovided for herein.

+

Article (129) of the Labour Law: Should the non - national Worker notify theEmployer of his desire to terminate the Contract with unlimited term, andleaves work before the expiry of the legally prescribed notice period, he maynot get another job, even with the permission of the Employer and such for aperiod of one year from the date of abandonment of the work. No Employermay knowingly recruit the Worker or retain in his service during such period.

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Whereas the First Party desires to contract with the Second Party to employthe latter to carry out the job mentioned in the first Article of the Job Offer,both parties have signed the previously mentioned Job Offer and this Annexhas been enclosed to such Job Offer. Both parties have reviewed the articlesset forth in both the Job Offer and Annex thereof, and are fully aware of theirprovisions. Such articles are as follows:

Article (1)

Should the Second Party successfully pass the probation period set forth inthe Third Article of the Job Offer and continues the work, then the probationperiod shall be calculated within his total term of service. The First Party maydismiss the Second Party during the probation period without a notice or endof service gratuities.

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Article (2)

The labour relation governed by the Contract executed under this Offer, shallbe a contractual and consensual relationship. Neither Party shall be obliged tocontinue such contractual relationship with the other Party without itsconsent, provided that the Party terminating the contractual relationshipupon its sole discretion shall bear all legal consequences resulting therefromas per stipulated in this Annex and according to any MOL applicable laws.The labour relation between both Parties shall end if any of the followingcases occurred:

1. In case the parties agree on termination of the Contract executed underthis Offer during its term, provided that Worker's agreement shall be inwriting.

2. In case either party terminate the Contract executed under this Offer afternotifying the other party. The Contract shall remain effective andimplementation thereof shall continue during the notice perioddetermined under Fifth Article of the Employment Contract.

3. In case either party solely terminate the Contract executed under this Offerwithout the occurrence of any reason related to the other party, andwithout following the procedures stipulated in Clause (2)of this Article, insuch case the party terminating the Contract at its own discretion shallsolely bear the consequences of such termination including the provisions .set forth in Articles (116, 119, 123 and 129) of the abovementioned lawregulating labour relation.

4. Should the Employer terminate the labour relation for any of the reasonsstipulated in clauses (1 to 9) of Article (4)of this Annex.

5. Should the First Party proven to violate its legally or contractuallystipulated obligations or if the employer or any of its legal representativehas assaulted the employee as per the Article (121)of Labour Law.

6. Incase of impossibility of execution due to Worker-related reasons (death,total disability, disease, reaching the age of retirement), Employer-relatedreasons (administrative or non-administrative closure of the establishmentunder order of the court or competent authorities) or due to force majeure.

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UNITE.D ARAB EMIRATESMINISTRY OF LABOUR

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7. Should the First Party terminate the Contractual relationship due toreasons irrelevant to the work, in particular if termination of the SecondParty's employment be made due to filing a serious complaint by theSecond Party before the competent authorities or a proven valid claimagainst the First Party according to Article (122) of the law regulatingLabour.

Article (3)Obligations of the First Party (Employer)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the First Party shall:

1. Enable the Second Party to carry out the agreed upon job from the dateof entering the State if he is coming from outside the State, or from thestatus amendment date, if he is inside the State. In addition, the FirstParty has to finish all procedures prescribed by the legal systemsconcerning commencement of work and enable the Second Party tosign the Employment Contract within two weeks from the dates of thework enabling aforesaid in this clause.

2. Obtain a copy of the Employment Contract from MOL, sign the samewith the Second Party, submit it to MOL· for approval within theperiod set thereby and submit a copy of the approved Contract to theSecond Party along with a copy of the work permit.

o 3. Pay the due wage to the Second Party in addition to any other rights orbenefits as set forth in the Employment Contract and according to thedates, procedures and MOL applicable laws. The First Party may notdeduct any amounts from the Second Party's wage, for special rights,except in the following cases:

a) The recovery of advances or amounts of money paid to theSecond Party in excess of his entitlements, provided that the

Page 15


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amount deducted in such case shall not exceed 10 percent ofthe Second Party's periodic wage;

b) The installments which the Second Party is legally requiredto payout of his wage including social security andinsurance schemes;

c) The Second Party's contributions to the saving fund oradvances repayable thereto (if any).

d) Installments to any welfare scheme or in respect of any otherbenefits or services provided by the First Party andapproved by MOLi

e) Fines imposed upon the Second Party against any offencecommitted by the same; .

f) Any debt payable in execution of a Court judgementprovided that the deduction shall not exceed one-quarter ofthe Second Party's wage. Where two or more debts arepayable or in case of multiple creditors, the maximum shallbe half of the Second Party's wage and the sums of money tobe attached shall be divided pro rata among the beneficiariesafter payment of any legal alimony at the rate of one-quarterof the wage.

4. Provide the Second Party with the working hours, weekly and dailyrest days as well as the Employment Contract and all shall be placed inthe workplaces as identified under the applicable laws.

5. Be most accurate upon filing any complaint or submitting noticesconcerning the Second Party, including a report of a sudden absencewithout following the legal procedures. In case of proven non-seriouscomplaints, MOL may take the actions stipulated in the applicable lawsagainst the First Party.

6. The First Party shall not oblige the Second Party to purchase goods orfoodstuff from certain stores or products of the First Party.

7. Subject to Clause (4) of this Article, the First Party shall not force theSecond Party to work for more than 8 hours daily or more than 48hours weekly, except for the following cases:

Page 16


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First: Cases for Reduction of working hours:

(a) Working hours may be reduced for strenuous or healthharmful works by virtue of a decision from the Minister ofLabour.

(b) Daily working hours may be reduced by two hours during

Ramadan.

Second: Cases for Increase of working hours:

(a) Working hours may be increased to nine hours per day forpeople employed in trade, hotels, cafeterias, security andother jobs which may be added by virtue of a decision fromthe Minister of Labour, provided compliance with thefollowing:

• Ordinary working hours shall be reduced on any working day of theweek by the amount of increase over 8 hours applied to other daysin order to limit the weekly working hours to 48 hours. Shift system,in which daily ordinary working hours exceed 9 hours, may beapplied provided that weekly working hours shall not exceed 48hours. Working hours shall be identified for each shift and shall benotified to the Second Party and MOL and placed on the mainentrances of the establishment.

(B)Overtime working hours may not exceed two hours per day, unlesssuch work is necessary for the prevention of the occurrence of a colossalloss or a serious accident. The First Party shall, in consideration of theovertime working hours set out in this clause, pay the Second Party awage equivalent to the ordinary hourly wage with an addition of atleast 25%of the said wage. Should the overtime work is between 9 p.m.and 4 a.m., the Second Party shall be entitled to a wage equivalent to theprescribed ordinary hourly wage with an addition of at least 50 % of thesaid wage.

8. The First Party shall grant the Second Party the following rest intervals:

Page 17


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First: a daily rest of at least 1 hour so that the Second Party shall notwork more than 5 consecutive hours without intervals for rest. Suchintervals shall not be included in the working hours.

Second: the weekly rest may be more than one day as agreed upon byboth Parties. Friday shall be the ordinary weekly rest for the SecondParty with the exception of daily wage -workers. Both Parties mayagree on any other weekly rest day. The Second Party may not berequested to work for more than two consecutive rest days with theexception of the shift workers.

9. Without any prejudice to the First Party's right to terminate the SecondParty without a notice or a gratuity due to any of the reasons stipulatedin this Annex and the law regulating labour relation, the First Partymay not terminate the service of the Second Party or notifying him ofthe same during his leave stated in this Annex and the law regulatinglabour relation.

10.The First Party shall provide all means and meet all requirements ofoccupational health and safety matters set by MOL to protect theworkers from occupational injuries, diseases and risks that may occurduring work, in addition to fire risks among all other risks as resultingfrom using such equipment and other work tools in order to provide ahealthy and appropriate environment for workers. Moreover, the FirstParty shall provide healthcare services for the Second Party accordingto the laws issued by federal and local authorities in such regard.

11.The First Party may not terminate the Second Party for his medicalunfitness before the exhaustion of all the sick leaves legally due to him;otherwise, any such termination shall be deemed null and void.

12. The First Party shall give the Second Party, upon the request thereofand at the end of the labour relation, a certificate of end of service to beissued free of charge, in which the date of commencement and

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;;~I~~I":'IJI...e?l1J •• 'I oJ!.)_'

termination of the employment, the total duration of employment, thetype of work performed and the last paid wage and supplementsthereof, if any, are stated. Moreover, the First Party shall return to theSecond Party any certificates, documents or tools belonging to theSecond Party.

13. The First Party shall bear all costs of recruitment and employmentstipulated under the applicable procedures in such regard includingthe Second Party's travel ticket from abroad. Inaddition, the First Partyshall bear all mediation fees (if any), and after the termination ofContract, the First Party shall bear the costs of the return travel of theSecond Party (and his family upon mutual agreement) to thedestination from where the Second Party came or to any otherdestination as agreed upon by both Parties. The Second Party shallbear the cost of his return ticket in case of the termination reasons areattributable to him.

14.The First Party shall take all necessary actions stipulated by MOLapplicable laws in case of the occurrence of any occupational injury ordisease to the Second Party as stipulated under the law.

15. In cases of occupational injuries or diseases, the First Party shallundertake to pay the cost of treatment of the Second Party in one of theofficially approved medical centers until his recovery or provendisability, provided that such injury shall not be due to a deliberate actof the Second Party.

16.Should the injury prevent the Second Party from performing his work,the First Party shall pay him a financial aid equivalent to a full wagefor the entire period of treatment, or for a period of (6) months,whichever is shorter. Should the treatment last for more than (6)months, such financial aid shall be reduced by half for the following (6)months or until the Second Party is fully recovered, declared disabledor dies, whichever occurs first.

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17. The First Party or any legal representative thereof shall be prohibitedfrom assaulting the Second Party in any form or manner whatsoever,sexually harassing, putting under compulsory labor or imposing uponforced labour. Should otherwise is proven to occur, the Second Partymay leave the work at any time and without a notice and may refer toMOL to file a complaint against the First Party if he is entitled thereto.

18. In case the First Party is obliged to provide accommodation for theSecond Party, such accommodation shall meet all the specificationsand requirements stipulated in the MOL applicable laws in suchregard.

19. Should the first Party assign the Second Party with a job in places farfrom cities where ordinary transports do not reach, the First Party shallprovide the Second Party with all or any of the following services (asper determined by a decision of Minister of Labour regarding suchplaces and services):- Suitable Means of Transportation- Suitable Accommodation- PotableWater- Proper Foodstuff- Medical Aid Equipment- Entertainment andSports Means.

20. The First Party shall notify MOL of any changes in the data of itsaddress or contact information within one week of such change,otherwise, correspondences sent to the data obtained by the MOL shallbe deemed valid and legally effective.

o Article (4)Obligations of the Second Party (Worker)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the Second Party shall:

1- Give due diligence to the following:

(a) Directly joining the work for the First Party upon entering the Statein case of being a Worker from abroad, and upon status

P age 110


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amendment in case of being contracted with from inside the State.Should the First Party not enable the Second Party from joining thework agreed upon as per this Contract, then the Second Party has torefer to the Ministry of Labour within a period of two weeks fromthe dates referred to in this Paragraph.

() (B) The Second Party has to keep on doing his work and not to stop unlessthere are legal reasons as per stated in this Employment Contract, its Annexand the MOL applicable laws; therefore, the Second Party has to refer to theMOL within a period not exceeding two months from the date of hisunemployment in all cases.

(C) Performing his basic duties under the Employment Contract by carryingout his job timely by himself and as per the specifications required by natureof his entrusted job. Incase of continuous breach of such basic duties, the FirstParty may dismiss the Second Party without prior notice or end of servicegratuity after carrying out a written investigation and warning him ondismissal in case of repetition.

2- The Second Party shall not assume false identity or nationality, orsubmit false certificates or documents.

3- The Second Party shall not commit an error resulting in gross materiallosses to the First Party. It is the MOL which shall determine such loss,provided that the same is notified of the incident by the First Partywithin (48)hours from the knowledge of the occurrence thereof.

o4- The Second Party shall not violate the instructions related to the safety

at work or in the workplace; provided that such instructions be writtenand posted in a prominent location, and that he is notified thereof inoral manner should he be illiterate.

S- The Second Party shall not disclose any of the secrets of theestablishment where he is working.

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jj..u..:il.' ~.Jo&!t ul)....~tJ • • tI i.)lj_'

6- The Second Party shall not commit any act that would entail convictionof the same in a final judgment by the competent court in a crime ofhonor. honesty or public ethics.

7- The Second Party shall not be found in a state of drunkenness or underthe influence of a narcotic during working hours.

8- The Second Party shall not assault, during the work, the First Party,manager in charge or any co-worker.

9- The Second Party shall not be absent without valid cause for morethan twenty non-consecutive days in one contractual year, or for morethan seven consecutive days.

In case the Second Party breaches any of the above clauses (from 1 to 9) ofthis Article, the First Party may dismiss the Second Party without notice orend of service gratuities.

10- The Second Party shall not work for third Parties even during his leaveexcept in the cases and under the conditions and regulations stipulatedin the Employment Contract, which are set forth in MOL applicablelaws.

11-The Second Party shall maintain work tools and properties. Inaddition, the Second Party shall not, for his own use, keep workdocuments except to the extent permitted by the First Party or asrequired to carry out the job responsibilities.

12- The Second Party shall notify the First Party of his sickness withinmaximum two days in case such sickness is not due to an occupationalinjury. The First Party shall initiate to take necessary actions toimmediately make the Second Party undergo medical examination inorder to verify the sickness thereof and to ensure provision ofnecessary treatment according to the applicable laws in such regards.

13-The Second Party shall not deliberately submit malicious reportsagainst the First Party and shall be cautious and accurate in submittingdata, notices or reports on the conditions of work or housing providedby the First Party. .

14-The Second Party shall use protective equipment and clothingprovided to him for such purpose, abide by all instructions of the FirstParty aiming at his protection from risks and shall refrain from

Page 112


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carrying out any act in a way that may obstruct the implementation ofsaid instructions.

15-In the event where the First Party provides the Second Party withaccommodation, the Second Party shall:

Maintain such accommodation including all its contents and usethe same only for the intended purpose and according to theregulations set in such regard.Vacate the accommodation place within no more than thirtydays from the date of termination of the employment thereof.The SecondParty shall not delay vacation of the accommodationbeyond the said period for any reason whatsoever, providedthat the First Party pays to the Second Party travel expenses,end of service gratuities and any other entitlements undertakenby the First Party in accordancewith the Employment Contract,establishment policies or the applicable law.Should the Second Party dispute over the amount of the saidexpenses and entitlements, the MOLshall specify such expensesand entitlement in an expedite manner within one week fromthe date of notification thereto, provided that it notifies theSecond Party thereof upon specifying the same. In such case,the mentioned period of thirty day shall be effective as of thedate of the deposit by the First Party of the specified expensesand entitlements into the MOL treasury on trust. Should the

Second Party not vacate the accommodation after elapse of thesaid period of thirty days, the MOL shall cooperate with thepertinent authorities to take the necessary administrativemeasures for the vacation. The provisions of the present Articleshall not prejudice the right of the Second Party to challenge thesame before the competent court.

16-The Second Party shall provide assistance and help in case of risks,disasters and crises that may threaten the safety of workplaces andworkers.

17-The Second Party shall undergo, upon the First Party's request, tomedical examinations required prior to or during employment and

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joining the work as long as such examinations are necessary for thebenefit of work.

18-The Second Party shall pay the fees of obtaining ID cards for himselfand his family members.

19-The Second Party shall inform the First Party of his full address andany other contact information suitable for communication therewith, towhich work relevant notices may be delivered. Accordingly, the FirstParty shall notify MOL of such address and information. The SecondParty shall carry out such notification to the First Party in case anychanges occurs to such information.

20-The First Party shall refer to MOL in the following cases:First - Should the Second Party remain unemployed for a period of twomonths, the Second Party shall notify MOL within such period.Second - Should MOL refer the complaint of the Second Party to thecompetent court, the Second Party shall:

a. Register his complaint within two weeks from the date ofreferral.

b. Follow up his complaint before the competent authorities,attend hearings, and implement instructions issued byjudicial authorities.

c. Settle his status by cancelling the permit and moving to workfor another establishment or leaving the State within no laterthan two months after issuance of the final or conclusivejudgement.

- For the purpose of the required regulation of the DAB labour market andproviding for a safe and stable work environment to all workers within theState, MOL will prohibit granting the Second Party a work permit for periodsless than one year from the date of leaving the State in any of the followingproven cases:

i. Should the Second Party not refer to MOL and follow the requiredprocedures in the two cases mentioned in this Clause.

ii. Should both Parties (the Employer and the Worker) agree onterminating the Contract during its term before the Worker continuedsix months of employment term, with exception of the workers of first,second and third skill levels.

P age 114


MINISTRY OF LABOUR

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iii. Should the Worker solely terminate this Contract during its termwithout a reason attributable to the First Party.

iv. Should the Second Party be dismissed for any of the reasons stipulatedin Clauses (from 1 to 9) of Article (4) of this Annex

Article (5)Rights of the Second Party (Worker)

For purposes of implementation of the Employment Contract by and betweenboth Parties, the Second Party shall be entitled to:

1. File a serious complaint to MOL in case of having any grievance concerningthe First Party's violation to the articles of the Contract entered into by bothParties, or a breach of the provisions of the MOl applicable laws in favor ofthe Second Party, provided that such complaint shall be filed within no laterthan thirty days as of the date of the Second Party's knowledge of theincident subject matter of grievance., and that the Second Party shall becautious in proving information and facts relating to such complaint.

2. Receive his wage in full in the manner and at the times stipulated under theEmployment Contract as per the laws and regulations set by MOL as longas the there is no legal reasons preventing the same, provided that suchreasons shall be attributed to Second Party itself and that such reasons maylead to prevent payment of the wage in whole or in part.

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3. Get the weekly rest for at least one day or more per week as agreed upon inthis Contract. Such day-off shall be identified and known in advance, thesame case as working hours. In case the work circumstances requires theSecond Party to work on this day, the Second Party shall be entitled toa substitute rest day, or to receive the basic salary for the ordinary workinghours in addition to at least 50 % of the said wage. The Second Party shallnot be prevented from such day set for the weekly rest more than twoconsecutive times.

4. Have an official leave with full payment in the following occasionsNew Year's Day (Hijri) (One day) - New Year's Day (Gregorian) (One day) -Eid al Fitr (Two days) - Eid al Adha and Arafat Day (Three days) - ProphetMohammed Birthday Anniversary (One day) - Isra and Mi'ra] (One day)

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and the National Day (One day), in addition to any further similar leaveslegally prescribed for the workers. Should the work circumstances requirethe Second Party to work during holidays or leaves for which a payment ispaid thereto, the Second Party shall be granted a substitute leave as well asan increase in the basic salary amounting to 50 % thereof. Should theSecond Party not be granted a substitute leave, the First Party shall pay tothe Second Party an additional sum to the basic salary thereof amounting to150% with regards to the days of work.

5. Get, during every year of service, an annual leave of no less than thefollowing periods:

A - Two days for each month should the period of service be of six monthsat least and a year at most.

B -Thirty days for each year should the period of service exceeds one year.Should the service of the Second Party be terminated, the Second Party shallbe entitled to an annual leave for the fractions of the last year. The holidaysset by law or by agreement, or any other leaves caused by illness should itoccur during such holiday 'Shall be included in the annual leave anddeemed a part thereof.

6. Receive the basic salary plus a housing allowance, if any, for the days of theannual leave, provided that such wage shall be paid to the Second Partyprior to commencement of his annual the provisions of law for suchprescribed leave. Should the work circumstances require the Second Party'swork during his total annual leave or a part thereof, and should the leaveduring which the Second Party worked is not carried forward to the nextyear, then the First Party must pay to the Second Party his wage, in additionto a leave allowance for the days of work, equal to his basic wage. In allcases, the Second Party may not be required to work during the annualleave for more than once within two consecutive years.

P age 116

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7. Receive payment of his wage for accrued annual leave days should he bedismissed or should he leave work as per MOL applicable laws. Suchpayment shall be calculated on the basic wage paid to the Second Party atthe time of entitlement to such leave.

8. The Female Worker shall be entitled to a maternity leave with full paymentof the wage thereof, and such for a period of forty-five days that include thepre- and postnatal periods, provided that her continuous service period forthe First Party is of one year at least. The maternity leave shall be grantedwith half a wage should the Second Party not have completed theaforementioned period.Upon the end of the maternity leave, the Female Worker may remainabsent from work without pay for a period of one hundred consecutive ornon-consecutive days at most if such absence be caused by an illnesshindering her from returning to work. Such illness shall be established bymeans of a medical certificate issued by the medical entity appointed by thecompetent health authority or ratified by such authority stating that suchillness arises from the pregnancy or the delivery. The leave referred to inthe preceding clauses shall not be deducted from other leaves to which theFemale Worker is entitled. During the period of eighteen monthssubsequent to the date of delivery, the nursing Female Worker shall beentitled to two additional periods per day for such purpose, the duration ofeach thereof shall not exceed half an hour. Such additional periods shall bedeemed as part of the working hours and do not entail any deduction of thewage.

9. Get a sick leave not exceeding 90 consecutive or non-consecutive days foreach year of service, calculated as follows: the first fifteen days with fullpay, the following thirty days with half pay, and the following periodswithout pay, all this provided that the Second Party spends more than threemonth after the end of the probation period in the continuous service of theFirst Party and contracted an illness. The Second Party shall not be entitledto the wage during the sick leave if the illness directly arises from the illbehavior of the Second Party such as the consumption of alcohols ornarcotics.

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10. If the Second Party resigns from service by reason of illness before theexpiry of the first forty five days of the sick leaves, and the governmentalphysician or the physician appointed by the First Party approves the causeof resignation, the First Party must pay to the resigning Worker the wagedue to him with regards to the remainder of the first forty five days referredto in Clause (9)hereinabove.

11. The Second Party shall be granted for the entire duration of his employmentand for only one time a special leave without pay for the pilgrimage. Suchleave shall not be included in the other leaves and may not exceed thirtydays.

12.The Second Party, having spent five years in service for the First Party, shallbe entitled to an end of service gratuity upon the termination of his serviceor completion of the contract agreed-upon term. The days of absence fromwork without pay shall not be included in the calculation of such period ofservice.

The gratuity shall be calculated as follows: the wage of twenty onedays for each of the first five years of service, and the wage of thirtydays for every additional year, but always provided that in all casesthe total gratuity shall not exceed the basic wage of two years. TheSecond Party shall be entitled to a gratuity for the served fraction of ayear, provided that the Second Party completes the actual period ofservice stipulated under this paragraph.

The First Party may deduct from the end of service gratuity anyamounts due to the same and accrued on the Second Party.

The end of service gratuity shall not be granted in cases that allow forprevention thereof as per set forth under this Annex, and in the eventthat the Second Party leaves the work at his own accord so as to avoidthe reasons for dismissal set forth in clauses (from 1 to 9) of Article (4)of this Annex.

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In the event of. the Second Party's death, his due end of servicegratuity shall be paid to the beneficiaries thereof.

13. Should the occupational injury or disease cause the death of a Worker, thenthe members of his family shall be entitled to compensation equal to thebasic wage of the Worker for a period of twenty-four months, provided thatthe amount of compensation shall not be less than eighteen thousandDirhams or be more than thirty five thousand Dirhams. The amount ofcompensation shall be calculated on the basis of the last basic wage receivedby the Second Party prior to his death. The compensation shall be 'distributed in accordance with the provisions of the schedule enclosed withthe applicable law.

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14.The Second Party shall be entitled to the same compensation set forth inClause (13) hereof in case of permanent total disability. As for a partialdisability, the Second Party shall be entitled to a compensation according tothe rates set forth by law. (Moreover, in case of the Second Party's partialdisability preventing him from carrying out his job duties, if he is capableof performing other works that are consistent with his health condition, andshould such works exist, then the First Party shall transfer the Second Partyupon the latter's request to one of such works. In this case, the First Partyshall pay the Second Party the wage normally paid to workers of similarjobs with the same title, without prejudice to the rights and compensationsdue to the Second Party by virtue of the provisions of this Annex). TheSecond Party shall not be entitled to the rights and compensations set forthhereunder, if it is proven in the investigations of the competent authoritiesthat the Second Party deliberately injured himself with the intention ofcommitting suicide or for obtaining a compensation, a sick leave or anyother reason, or if the Second Party be at the time of the incident under theinfluence of drugs or alcohols.

15. Retain the evidencing documents relating to him.

16. If a change occurs in the form of the establishment or the legal statusthereof. the Employment Contracts effective at the time of the change

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MINISTRY OF LABOUR

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shall remain valid between both the new Employer and the SecondParty. The employment shall continue and both the original and newEmployers shall be jointly liable for a period of six months for theexecution of the obligations arising from the employment contractsduring the period preceding such change. Upon lapse of the said period,the new Employer shall solely bear such liability.

Article (6)Rights of the First Party (Employer)

For purposes of implementation of the Employment Contract by and betweenboth Parties, and subject' to the stipulated provisions regarding the SecondParty's right to complaint and grievance as long as actual reasons establishedtherefore, the First Party shall be entitled to:

1.Inflict any of the following disciplinary penalties upon the Second Party:

Warning, fine, suspension with reduced pay for a period not exceedingten days, deprivation from or deferment of periodic bonus, deprivationfrom promotion, dismissal from work, dismissal from work anddeprivation from the total end of service gratuity or a part thereof. Suchpenalty shall not be inflicted for reasons other than the ones mentionedexclusively in Clauses from (1 to 9) of Article (4) hereof. Rather, thepenalty shall be the termination of service with deprivation from wageonly in case of proven work for third Parties by the Second Party even ifsuch work was carried out during his leave from work unless as per thecases, the manners and the regulations prescribed by MOL applicablelaws.

_) 2.Upon infliction of any of the abovementioned penalties by the First Partyas set forth in Gause (1) hereof, the First Party shall commit to thefollowing:

A- The penalty of deprivation of the periodic allowance may not beimposed more than once per year, and such allowance may not bedeferred for more than sixmonths.

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B- The penalty of deprivation of the promotion may not be imposed formore than one promotional cycle. The penalized Worker shall be thenpromoted during the following promotional cycle if he meets thenecessary conditions for such promotion.

c- No disciplinary penalty may be imposed on the Worker for an actcommitted thereby outside the workplace, unless such act isconnected to the work, the Employer or the manager in charge.

D- It shall not be permissible to impose more than one penalty orcombine any disciplinary penalty with the deduction of any part ofthe wage of the Second ,Party due to losing, damaging or destructingmachines, tools, products or materials owned by the First Party orsuch was in the latter's custody wherever the same is resulted fromthe Second Party's default or his violation to the First Party'sinstructions.

E- It shall not be permissible to impose on the Second Party any of thepenalties unless the Second Party is notified in writing with regardsto charges made against him, after having heard his statements andthe defense thereof investigated, and after having recorded the matterin a minutes deposited in his personal file. The penalty shall be notedat the end of such minutes. The Second Party has to be notified inwriting of the penalties imposed upon him, its type and amount, thecauses of imposition and the penalty to be imposed in case ofrecidivism.

F- The fine may be a specific amount or an amount equal to the wage ofthe Second Party for a specific period. The fine prescribed concerningone breach may not exceed the wage of five days. Furthermore, forthe settlement of the fines imposed on the Second Party, only amaximum amount equal to the wage of five days may be deductedfrom the wage of the Second Party per one month.

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UNITED ARAB EMIRATESMINISTRY OF lABOUR

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G- The Second Party may not be accused of a disciplinary offense afterthirty days of the discovery thereof. Furthermore, no disciplinarypenalty may be imposed after sixty days from the date of completionof the investigation in the offence of which the Second Party is foundguilty.

3. The First Party may, temporarily, suspend the Second Party from workupon charging the same of a deliberate crime against life, property,honor, or honesty. The suspension period shall commence on the date ofthe notification of the incident to the competent authorities and until theissuance of a decision thereby in such regard. The Second Party shall notbe entitled to his wage during the said suspension, period. Should adecision be issued for the non-prosecution or the acquittal of the SecondParty, the latter shall be reinstated and paid the full wage for thesuspension period, should such suspension be arbitrary from the FirstParty without justifying reasons.

4. The First Party may determine the date of the commencement of theannual leave, and may divide it if necessary to two or more periods.

5. The First Party may terminate the service of the Second Party subsequentto the exhaustion of his sick leaves, should the Second Party not be able toreturn to his work. In such case, the Second Party shall be entitled to theend of service gratuity.

J6. The First Party may change the Second Party's workplace with no

prejudice to the wage or job of the latter in accordance with therequirements and regulations prescribed in such regard.

Article (7)

Provisions of MOL applicable laws shall apply to any matters not explicitlystipulated herein. Any dispute arising in connection with this Job Offer andthe Annex thereof shall be subject to the jurisdiction of DABCourts. The FirstParty shall acknowledge and declare that any notices or correspondencesmade to him by any means of communication to the contacts mentioned inthe Job Offer shall be deemed valid and of all legal effect.

P age 122

Standard Limited-Term Employment Contract

Contract No.: (The serial number of the Contract file at the Ministry)Establishment No.: .

On this day, .

)

1. The First Party (The "Establishment"): of Nationality; whoseaddress is: represented by: ..................... ; and

2. The Second Party (The "Worker"): of Nationality; whoseaddress is: , Passport No.: (+ aphotograph of the worker)

Preamble

The two parties having agreed that the following words, or terms used in their stead, shall,wherever they appear in this Contract, be construed as follows:

);> "U.A.E.": United Arab Emirates.);> "Ministry": Ministry of Labour in the United Arab Emirates.).> "Law": The Federal Law No.8 of 1980 regarding regulation of labour relations and

any amendment thereto.);> "Applicable Legal Regulations": In addition to the aforementioned Law and the

clauses provided for in this Contract, the Applicable Legal Regulations are the set ofregulatory resolutions and circulars that are issued pursuant to the Law andimplemented by the Ministry as the set of legislations and rules governing andregulating the labour market in the U.A.E.

).> "Country of Recruitment": the country from which the worker originates, whetherthe country of his/her nationality or any other.

);> "First Party": Employer (Establishment).).> "Second Party": Worker.).> "Both Parties": the Employer and the Worker.).> "Remuneration": compensation offered to the Second Party in consideration of

services rendered under the Employment Contract, whether in cash or in-kind,including allowances, such as a cost of living allowance, as specified in theEmployment Contracts.

);> "Basic Remuneration": the wage provided for in the employment contract during itsvalidity, excluding allowances.

);> "Work-Related Injury": injury caused by occupational illnesses listed in theschedule attached to the Law or by an accident sustained by the Second Partyduring the performance, or as a result, of his work. Any accident sustained by theSecond Party on his wa.y to or back from his work shall be deemed a work-relatedinjury, provided that the trip to or from the workplace is made directly, without pause,lingering or diversion from the normal route.

the two Parties, having agreed to enter into a contract to have the Second Party perform forthe First Party the work specified below, retrieved this Contract from MOL records andsigned it in the UAE after jointly verifying that its terms are identical to those in theemployment offer that the Second Party had previously accepted and signed; and

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Whereas the two Parties are intent to implement all the Clauses hereto. consistent with theprinciple of good faith in contract implementation:

Therefore. the two parties. being fully aware of the provisions of this Contract. and havingascertained their respective competence to enter into and consummate this contract. herebyconsensually agree to the following:

Clause (One)

The abovementioned preamble shall constitute an integral part of this Contract and a referencein the interpretation of all its clauses.

Clause (Two)

The Second Party shall work for the First Party in the (job, profession. or post of) ....................•while his job title shall be: The execution of this job shall take place in the U.A.E(in the Emirate of or in the place! site specified by the First Party depending onthe nature of the work required to be performed by the Second Party ).

Clause (Three)

The duration of this Contract (the "Term") shall be (the Term shall be provided inwriting and not exceed two years) starting on ....................• and ending on .

Clause (Eou[l

The Second Party shall work for the First party for a period of months under probation(not to exceed six months as of the start of the Employment Contract as specified in ClauseThree hereof). If the Second Party completes the probation period successfully. and continuesto work. that period shall be calculated as part of his total service period. The First Party maydismiss the Second Party during the probation period without notice or end-of-service indemnity.

Clause (five)

The First Party shall pay the Second Party a (annual! monthly!weekly! daily) remuneration of.................... (the remuneration shall be written in figures and words). This remuneration shallinclude: the amount of the basic remuneration (the remuneration shall be written infigures and words) and allowances (each allowance shall be written in figures andwords). Such allowances are either paid in-cash. along with the basic remuneration. or providedin-kind to the worker throughout the contract validity period. This remuneration shall be paidpursuant to the methods. procedures and dates specified by the Applicable Legal Regulations atthe Ministry.

Clause (Six)

The employment relation that is governed by this contract is a contractual relation. Eitherparty may. hence. unilaterally terminate the employment relation at any time; neither partymay be obligated to continue in this relation against his/her free will. The two parties agreethat termination occurs in the following instances:1- The term of the contract expires and this contract is not renewed.

2

)

2- The two parties mutually agree to terminate the contract during its term.3- One party acts unilaterally to terminate the contract and complies with the legal measures

described in paragraph (4) of this Clause. The terminating party bears the legalconsequences that may arise from early termination.

4- One party acts unilaterally to terminate a renewed contract during the renewal term; theterminating party commits to undertaking the following legal measures:

a. Notify the other party, in writing, of its intent to terminate the contract inaccordance with the provision of Clause (7) of this contract.

b. Continue to honor its obligations under the contract during the notice period.c. Indemnify the other party in accordance with Clause (7) of this contract.

5- One party acts unilaterally to terminate the contract without reason of non-compliance bythe other party, and does not undertake the required legal measures. The terminatingparty shall, alone, bear the legal consequences that may arise from termination.

6- The employer acts to terminate the contract for any of the reasons that are referred to inparagraphs 1 to 9 of Clause (10) of this contract.

Clayse (Seyen)

The Parties have agreed that the notice period would be for (one monthl twomonthsl three months).

Clayse (Eight)The two Parties acknowledge that all expenses related to enabling the Second Party to work forthe First Party (or the cost of recruiting the Second Party to work in the UAE), including travelto the UAE and broker agency fees, if any, shall be borne by the First Party, without anycontribution by the Second Party.

Clayse (Nine) Employer's Obligations

For the purposes of implementing this Contract, the First Party shall:1. Enable the Second Party to perform the work agreed to upon his entry into the U.A.E andcompletion of any and all procedures officially required to allow the Second Party to start thiswork.2. Deliver to the worker the Labour card, or its equivalent, and an authenticated version of theContract in a language that the worker understands.3. Pay the Second Party the due remuneration, and grant him any other entitlements orbenefits, as provided for in the Contract and pursuant to the dates, procedures andApplicable Legal Regulations enforced by the Ministry. Furthermore, no amount may bededucted by the First Party from the remuneration of the Second Party, against special dues,except in the following cases:

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a. Repayment of advances or amounts of money paid to the Second Party inexcess of his entitlement, provided that amounts deducted in this case maynotexceed ten percent of the worker's periodic remuneration.

b. Installments which are payable by law by the Second Party from hisremuneration, such as social security and insurance schemes.

c. Subscriptions of the Second Party in the saving fund or advances that are duefor payment to the fund, if any. '

d. Installments in respect of any social scheme or other benefits or servicesprovided by the First Party and approved by the Ministry.

e. Fines imposed on the Second Party by competent authorities due to offensescommitted by the latter.

f. Any debts payable in execution of a court verdict, provided that not more than aquarter of the Second Party's remuneration shall be deducted in a given paycycle. In the event of multiple debts or creditors, half of the remuneration at themost may be deducted and the sums of money attached shall be divided prorata among beneficiaries after payment of any Sharia alimony amounting to onequarter of the remuneration.

4. Exercise absolute care and precision when filing any complaints or notifications withregard to the Second Party, including filing a notice of abrupt failure to report to workwithout following the required legal procedures. If it is proven that a complaint ornotification is made with wrongful intent, the Ministry may take action in accordancewith to the Applicable Legal Regulations.

5. Enable the Second Party to sign this Contract before entering the U.A.E, and providehim along with this Contract with information about work hours, dates of weeklyholidays. Furthermore, he shall display such information in the workplaces asspecified by the Appficable legal Regulations.

6. Keep a special file and a register for the Second Party, if he employs more than fiveworkers, and record in the register information specified by the Applicable LegalRegulations at the Ministry.

7. Not require the Second Party to purchase food or other commodities from specificshops or products manufactured by the First Party.

8. In application of the provision of Paragraph (5) of this Clause, the First Party may notrequire the Second Party to work for more than 8 hours per day or 48 hours per weekor 144 hours in a three-week period. Moreover, usual working hours shall bereduced by two hours daily during the holy month of Ramadan. The periods of timespent by the worker in commuting between place and work are not calculated aspart of the working hours. If work-related circumstances require the Second Party towork overtime, the additional working hours should not exceed two hours per day, tobe compensated for at the rate of normal working hours plus an increment that is notless than 25%. If those two hours occur between nine p.m. and four a.m., theSecond Party shall be paid for the overtime during which he worked the normalworking hours' rate plus an increment that is not less than 50%.

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9. Not to dismiss, or serve notice to dismiss, the Second Party for taking a sick leave,without prejudice to the right of the First Party to dismiss the worker without notice orindemnity in specific circumstances that are indicated in this contract.

10. Provide all occupational health and safety measures and requirements as specified bythe Ministry to protect the workers from the hazards of injuries and occupationaldiseases that may occur during work, as well as fire hazards and all other hazards thatmay arise from the use of machinery and other work tools and instruments, and in orderto ensure a conducive and healthy working environment.

11.Not admit, or allow the admission of, any kind of alcoholic drinks to the workplace inorder to be consumed onsite, and not allow any person to enter and remain onEstablishment premises and if that person is under the influence of alcohol.

12. The First Party may not terminate the service of the Second Party because he is notmedically fit, before the latter avails himself to the sick leaves legally due to him. Anytermination done otherwise shall be deemed null and void.

13. The First Party shall provide the Second Party, at the end of his service and upon hisrequest, with an end of service certificate free of charge. The said Certificate shallinclude date of appointment and date of termination, total period of service, nature ofwork performed and last remuneration plus allowances, if any. The First Party shall alsoreturn to the Second Party any certificates, documents or tools that belong to the latter, if

any.14. The First Party shall, upon the expiration of the Contract, bear the repatriation expenses

of the Second Party to the place where he has been recruited or any other place agreedupon by Both Parties.

15. The First Party shall take the measures provided for in the Applicable Legal Regulationsat the Ministry in the event the Second Party sustains a work-related injury or anoccupational disease listed in the Law.

16. In the case of work-related injuries or occupational diseases, the First Party shall pay themedical expenses for treating the Second Party in one of the government medicaltreatment centers until the Second Party has recovered or is proven to have becomedisabled.,)

17. If the work-related injury prevents the Second Party from performing his work, the FirstParty shall pay the former financial assistance that equals his full remunerationthroughout the treatment period, or for a period of 6 months, whichever is shorter. Iftreatment lasts for more than 6 months, the financial assistance shall be reduced tohalf, for an additional period of 6 months or until the Second Party has recovered, isproven to have become disabled, or is deceased, whichever comes first.

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f)

18. The First Party, or whoever represents him legally, is prohibited from assaulting theworker in any way, shape or form, or harassing the worker sexually. In such cases, theSecond Party may leave work without notice at any time and submit a duly admissiblecomplaint to the Ministry.

19. In case the First Party is obliged to provide accommodation to the Second Party, suchaccommodation should meet the specifications and requirements provided for in thisregard in the Applicable Legal Regulations at the Ministry.

20. Fulfill his obligations as mandated by the Law and this Contract towards the SecondParty. Furthermore, the Second Party may leave work with the First Party without notice,at any time, if it is proven that an obligation has been violated, and file a duly admissiblecomplaint with the Ministry.

21. In case he employs the Second Party in remote locations that are distant from urbanareas and that are not accessible using ordinary public transport, he shall provide thelatter with all or some of the following services (as specified by a resolution by theMinister of Labour regarding the services in remote areas): appropriate means oftransport, appropriate accommodation, potable water, basic foods, medical facilities, andrecreation and sports facilities.

Claysel!en)Worker's Obligations

For the purposes of implementing this Contract, the Second Party:1. Shall undertake to carry out his basic duties pursuant to this Contract in full and to carry

out his work by himself and by the specified deadlines, according to the specificationsmandated by the nature of the work he is performing. The First Party may dismiss himfrom his work without notice and without end-of-service indemnity if he persists in failingto fulfill his basic duties following a recorded deposition and repeated warnings.

2. Refrain from assuming a false identity or nationality or submitting forged documents orcertificates.

3. Avoid committing an error causing gross material loss to the First Party. The Ministryshall determine the amount of such loss provided that it is notified about the incident bythe First Party within 48 hours of learning of its occurrence.

4. May not violate the instructions related to occupational and workplace safety, providedthat such instructions are displayed in writing in accessible places, and that the workerhas been duly informed of the same verbally if he is illiterate.

5. Refrain from revealing any of the secrets of the Establishment where he works.6. Refrain from committing any act that would lead to his conviction of any crime involving

moral turpitude, honesty, or public decency.7. May not be found drunk or under the influence of drugs during working hours.8. May not, in the course of his work, commit an assault on the Employer, the line

manager, or any of his work colleagues.9. May not be absent from work for more than 20 non-consecutive days without valid

reason within the single contractual year or for more than 7 consecutive days.

6

In case the Second Party Yiolates any of these terms (from 1 to 9 above). the firstParty may dismiss him from his work without notice and withoyt end of serviceindemnity.

10. May not work for any other party except the First Party, even during his leave from work,except in cases that are pursuant to the conditions and regulations set forth herein andthose provided for in the Applicable Legal Regulations at the Ministry.

11. Shall protect work related equipment and possessions, and safeguard them fromdamage, and shall not keep for himself any work related papers or documents exceptwithin the parameters allowed by the First Party or as may be required to perform hiswork.

12. Shall notify the First Party of his illness within two days if such illness does not arise froma work-related injury. The First Party shall take the measures necessary to immediatelyhave him examined medically in order to diagnose his medical problem and provide himwith the necessary treatment in accordance with adopted procedures.

13. Shall refrain from filing malicious reports against the First Party, and shall seek to bestrictly precise in the statements, notices or reports filed by him with regard to hisworking conditions or the conditions of the housing accommodation provided to him bythe First Party.

14. shall wear protective gear and use protective equipment provided to him; shall follow allinstructions given to him by the First Party which are meant to protect him from hazards;and shall refrain from undertaking any act that would obstruct the implementation ofsuch instructions.

15. Shall, in case the First Party provides him with accommodation, abide by the following:o To keep this accommodation place, including all its contents, in a good condition,

and to use it solely for the intended purpose in accordance with the relevantregulations.

o To evacuate this accommodation place within no later than thirty days as of the endof his service. He may not delay his evacuation of the accommodation placethereafter for any reason whatsoever, provided that the Frist Party provides him withtravel expenses, end-of-service indemnity and any other benefits that the First Partyis obliged to grant to him pursuant to this Contract, the Establishment bylaws, andthe Law.

16. Shall report to the Ministry of Labour:o If he is unemployed in the U.A.E for a period of 3 months, in which case he is to

inform the Ministry prior to the expiration of this period.o In case the Ministry refers his complaint to the competent court, within a period of six

months from the date of that referral.

For the purpose of ensuring proper regulation of the labour market in the U.A.E. andproviding a safe and stable working environment for all workers in the U.A.E, theMinistry may refrain from granting the Second Party a work permit for up to one yearas of the date of leaving the U.A.E if the Ministry determines any of the following:a. The worker did not report to the Ministry in either of the above-mentioned two

cases.b. The two parties have consented to the termination of this contract during its termand the worker has not completed six months with the employer unless the worker isclassified in skill levels 1, 2 or 3 as per the ministry's classification.c. The worker acts to terminate a renewed contract during the renewal

term without complying with any of the following conditions:

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------------------- - - - ----- ------- -- --

1) Notifying the other party, in writing, of his/her intent to terminatethe contract in accordance with the agreed-to notice period

2) Continuing to report to work during the notice period3) Indemnify the employer as agreed to.

d. The worker is terminated for any of the reasons referred to in paragraphs 1 to 9 ofClause (10) of this contract.e. The worker acts to terminate the employment relation during the term of the originalcontract, without reason of non-compliance by the employer, even if the worker has metthe notice and indemnification requirements.

Clayse (Eleven)

The Second Party's (Worker's) Rights

For the purposes of implementing this Contract, the Second Party shall be entitled to thefollowing:

1. To file an authentic complaint with the Ministry in case he has a grievance as a result ofFirst Party's violation of the Clauses hereof or of the Ministry's legal regulations that are infavor of the Second Party, provided that he files his complaint within no more thanthirtydays as of the date on whlch he has learnt of the violation, and provided that he exercisescare to ensure the accuracy of the data and information provided in the complaint.

2. To receive his remuneration in full in the methods, and on the dates, specified herein andby the Legal Regulations set by the Ministry, as long as there are no legal reasons, forwhich he is responsible, that prevent him from accessing such remuneration in full or inpart.

3. To enjoy at least one day of rest every week, provided that such day is pre-determined andknown in advance, similar to working hours. If work-related circumstances require theSecond Party to work on that day, he must be given a day in lieu to rest, or to be paid thebasic remuneration for the normal work hours in addition to an increment of at least 50%. Inall cases, he may not be deprived of his rest day for more than two consecutive weeks.

4. To take paid holidays on the following occasions:o Hijri (Islamic/Lunar) New Year Day (one day)o Gregorian New Year Day (one day)o Eid AI Fitr (two days)o Eid AI Adha and Arafat (Waqfa) Day (three days)o Prophet Mohammed's Birthday (one Day)o Israa & Miaraj Night (Ascension of the Prophet) (one day)o UAE National Day (one day)

8

If work-related circumstances necessitate that the Second Party be asked to work onpaid holidays, he must be given holiday days in lieu and be paid an increment of 50% onhis remuneration for such days. However, if he is not given days in lieu, the First Partyshall pay him an increment of 150% to his basic remuneration for the worked days.

5. To take, during each year of his service, annual leave days that should not be less than

the following periods:

a. Two days per month if he has been in employment for more than six months

but less than one year.b. Thirty days per year if employed for more than one

year.Upon the end of his service he shall be entitled a pro-rated annual leave

corresponding to the period of employment in his last year cycle.

The annual leave period is deemed to include such holidays as prescribed by law

or as agreed to, in addition to any other days of sickness, if they occur during thisleave and are considered as part thereof.

6. The Second Party is entitled to receive his basic remuneration in addition to the housingallowance, if any, for the annual leave days; he is entitled to receive his dues prior to

commencing his leave, supplemented by compensation for worked days of the annualleave that he is entitled to by the Law. If work-related circumstances necessitate that heworks during his annual leave, in whole or in part, and the period of leave, during which

he has worked, has not been carried forward to the next year, the First Party must payhim his remuneration in addition to cash in lieu of leave for his working days at the rate ofhis basic pay. In all cases, the Second Party may not be required to work during his

annual leave more than once during two consecutive years.7. The Second Party shall be entitled to receive his remuneration in lieu of annual leave

days not availed by him, if he is terminated or he leaves service in accordance with dueprocess. Such remuneration in lieu of leave shall be calculated on the basis ofremuneration received by the Second Party at the time he became entitled to the said

leave.8. A female worker (the Second Party) shall be entitled to maternity leave with full

remuneration for a period of forty five days, including both pre and post natal periods,provided that she has completed no less than one year of continuous service with theFirst Party. A female worker who has not completed the aforesaid period of service shall

be entitled to maternity leave with half remuneration,

9

A female worker who has exhausted her maternity leave, provided for in this Paragraph,may take an unpaid leave for a maximum period of one hundred consecutive or nonconsecutive days if such leave is due to an illness preventing her from resuming herwork. A medical report issued by a medical institution that is duly authorized by thecompetent health authority, or authenticated by the latter, confirming that the illness is aresult of pregnancy or delivery shall be used to prove such illness.

During the 18 months following her delivery, a female worker who is nursing her childshall be entitled to two additional breaks each day for this purpose, neither of which shallexceed half an hour. These two additionai breaks shall be considered as part of theworking hours and shall not entail any reduction of remuneration.

)

9. The Second Party who completes more than three months of continuous service with theFirst Party, following the end of the probationary period, shall be entitled to a sick leavenot exceeding ninety consecutive or non-consecutive days, in respect of each year ofservice, to be calculated as follows.

• The first 15 days: full remuneration.• The next 30 days: half remuneration.• Any subsequent periods: without remuneration.

No remuneration shall be payable to the Second Party for the sick leave if the iIInes~ isthe direct result of his misconduct (such as consumption of alcohol or narcotic drugs).

10. If the Second Party resigns from service, because of illness, before the lapse of the firstforty five days of his sick leave, and the Government Medical Officer or the medicalpractitioner deSignated by the First Party approves the cause of resignation, he shall beentitled to the remuneration due in respect of the remainder of the first forty five daysreferred to in Paragraph (9) of this Clause in addition to his due end-of-serviceindemnity.

11. The Second Party shall be entitled, once in the course of his entire service, to specialunpaid leave for performing pilgrimage (Hall); such leave shall not be deducted fromother leave days due to him, and shall not exceed 30 days.

12. The Second Party who has completed five years of service with the First Party or hascompleted the Contract term agreed upon in full, shall be entitled to End-of-Serviceindemnity at the end of his service. The unpaid days of absence from work shall not beincluded in calculating the period of service. The indemnity pay shall be calculated asfollows: 21 days' remuneration for each of the first five years of service; and 30 days'remuneration for each additional year of service, provided that the aggregate amount of

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indemnity does not exceed two years' remuneration. The Second Party shall be entitledto indemnity for any fraction of a year actually served. payable on pro rata basis.provided that he has completed the actual service terms provided for in this Clause. TheFirst Party may deduct any amounts due to him by the Second Party from the latter'send of service indemnity. End-of-service indemnity is forfeited in cases where suchforfeiture is mandated as per the terms of this contract and in case the Second Partyvoluntary resigns so to avoid dismissal as per paragraphs 1 to 9 of Clause 10 of this

Contract.13. In case the work-related injury or occupational disease suffered by the Second Party has

resulted in the death of the latter. the members of his family shall be entitled tocompensation that is equal to his basic remuneration for a period of twenty four months.provided that the amount of compensation shall neither be less than eighteen thousand

nor more than thirty five thousand Dirhams. The compensation amount shall becalculated on the basis of the last remuneration received by the Second Party before his

death. The compensation shall be distributed in accordance with the provisions of the

schedule attached to the Law.14. The Second Party shall be entitled to the same compensation provided for in Paragraph

(13) of this Clause. in case of permanent total disability. However. in the case of partial

disability. he shall be entitled to compensation in accordance with the rates specified bythe Law. (Furthermore, if the Second Party is capable, notwithstanding his partialdisability, of performing other work consistent with his health condition, the First Partyshall transfer him, at his request, to carry out that other work, if such work is available,and shall pay him the remuneration normally paid to holders of similar positions, withoutprejudice to any entitlements and compensation due to the worker pursuant to this Law).However, the Second Party shall not be entitled to the entitlements listed in thisParagraph, if the inquiries carried out by the competent authorities established that hehas deliberately inflicted injury to himself with the intention of committing suicide or ofobtaining compensation or sick leave; or if, at the time of the occurrence, the SecondParty was under the influence of narcotic drugs or alcohol.

15. The worker is entitledto retain possessionof hislher personal identificationdocuments.16. If the form or legal status of the Establishment changes, employment contracts that are

valid at the time of such change shall remain in force between the new Employer and theSecond Party, and his service shall be deemed to be continuous. The original and thenew employers shall remain jointly liable for a period of six months for the fulfillment ofany obligations resulting from employment contracts during the period preceding thechange; after the lapse of that period the new employer shall solely bear such liability.

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Clayse (Jwelye)The First party's (Employer's) Rights

For the purposes of implementing this Contract, and without prejudice to any of the provisionstherein with regard to the Second Party's right to file a complaint or grievance, as long as thereare reasonable reasons to do so, the First Party shall be entitled to the following:

1. To take any of the of following disciplinary measures against the Second Party: Warning;Fine; Suspension from work with reduced pay for a period not exceeding ten days;Forfeiture or deferment of periodic increment; Denial of promotion; Dismissal fromservice with forfeiture of all or part of the indemnity, while such disciplinary measure maynot be imposed for reasons other than those exclusively specified in Paragraphs (1 to 9)of Clause Nine hereof; or Dismissal from service with forfeiture of remuneration only incase it has been proven that the Second Party has worked for a third party, even duringhis leave, except in the cases and pursuant to the conditions and regulations providedfor in the Applicable Legal Regulations at the Ministry.

2. If the First Party takes any of the disciplinary measures provided for in Paragraph (1) of thisClause, he has to abide by the following:

a. Periodic increment may not be forfeited more than once each year, nor may it bedeferred for more than six months.b. No forfeiture of promotion may be made for more than one promotion step. Thesanctioned worker shall be promoted on the next immediate step when qualifications forpromotion are met.c. No disciplinary action may be taken against a worker for any act committed outsidethe workplace, unless such an act is related to the business, the employer or his linemanager.d. It shall not be permitted to impose more than one penalty, or to combine a disciplinaryaction with a deduction from the Second Party's remuneration,because he has caused the loss, damage or destruction to any tools, machines,equipment or products owned by or kept in custody of the First Party, to theextent that involvement ofthe Second Party was due to his fault or violation of the FirstParty's instructions.e. None of the penalties may be imposed until the Second Party has been notified inwriting of the charges against him, heard and allowed to have his defense investigated,and until all this has been recorded in a report to be kept in his personal file, with thepenalty noted at the end of such report. Furthermore, he shall be notified in writing of anypenalties imposed on him, and of the nature and amount thereof, the reasons for itsimposition, and the penalty to which he will be liable if he is to repeat the offence.f. 'The fine may take the form of a specific amount of money or an amount equal to theremuneration of the employee for a certain period of time. A fine in respect of a singleoffence may not exceed remuneration payable for five days. Furthermore, it is not

12

permissible to deduct within one month an amount equal to more than five days'remuneration from the employee's remuneration in settlement of fines imposed uponhim.g. The Second Party may not be charged with an offence requiring a disciplinary actionafter the lapse of thirty days from disclosure of the same, nor maya disciplinary actionbe taken after the lapse of more than 60 days from the date on which the inquiry into theoffence ended and the Second Party was found guilty thereof.

3. The First Party is entitled to temporarily suspend the Second Party from work, if the SecondParty has been charged with premeditated crime, such as his involvement in a physical assault

) or robbery of property or other crimes involving moral turpitude or breach of trust. Thesuspension period shall run from the date the incident is reported to the competent authoritiesuntil the latter renders a decision on the matter. The Second Party shall not be entitled toremuneration in respect of the said period of suspension. But once a resolution is passedreleasing him from standing a trial or acquitting him, he shall be reinstated and paid his fullremuneration for the period of such suspension if his suspension from work was not dulyjustified.4. The First Party may, at his own discretion, determine the date for commencement of annualleave and, when necessary, may decide to divide the leave in two parts at the most.

5. The First Party may terminate the services of the Second Party who fails to report back towork after exhausting all sick leaves he is entitled to. In this case, the Second Party shall bepaid the indemnity he is entitled to.

Clayse (Thirteen)

The provisions of the law shall be applicable to whatever considerations not covered in the textof this contract. The U.A.E courts shall have the jurisdiction to consider any dispute regardingthe Clauses and implementation of this Contract.'Clayse (Foyrteen)

This Contract has been executed in three counterparts (in Arabic, in English and a languagethat the worker understands). Upon authentication of the Contract, one copy is to be lodged withthe Ministry, while each Party shall keep one copy thereof to act accordingly when necessary.

First Party Signature( )

Second Party Signature( )

Note: in the case of unlimited-term contracts, Clause (Six) shall be amended wherebytermination will be by notification, while the worker will continue to work during the notificationperiod. Any other items those are not compatible with unlimited-t

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Documents

Uilired Arab Emirates · Uilired Arab Emirates Memorandum of Understanding between the Government of the United Arab ... of national security, public order or public health, by duly