Labor disputes are the most prevalent disputes in courtrooms since most individuals are either employers or employees. Work is an important source of livelihood for any employee, and losing it is considered a strong motive for resorting to the courts in order to resolve the labor dispute, especially when many employers do not properly know enough about the mechanisms of termination of employment contracts. Such mechanisms of termination may not be violated or agreed to be violated under the Labor Code. Many employers become also surprised that their agreements on the waiver of their rights by workers or employees are void due to a wording that makes it unlawful to waive mutual obligations, such as the waiver of a labor right that the worker and the employee do not have the power to waive it since the law prohibits doing so.
Nour Attorneys & Legal Consultants team works in a highly efficient manner to provide various legal consultation services and representation services before the courts of the United Arab Emirates. Our team is also exceptionally skillful when it comes to providing representation services in negotiations to agree on the terms of contract or the terms and conditions of drafting employment termination settlement in labor disputes thanks to our extensive experience in such disputes, as we represented both corporates and employees, as we know how to perfectly represent each party. Our employment lawyers in Dubai works to represent many companies and individuals in labor disputes, and since we represent the employer and the employee, taking into consideration any conflict of interests, this helps us to refine the skills of our lawyers and legal consultants in order to enhance our services which are provided to both parties, depending on each case.
We offer our services to corporate and individual clients as follows, and it should be noted that such services can be provided for the benefit of both parties depending on the nature of the dispute or situation:
(A) Our Corporate Clients
1- Ideal Employment Contracts
We co-operate with our corporate clients to draft ideal agreements that differ from the typical form of employment contracts (as well as non-disclosure agreements, non-compete agreements, intellectual property agreements, and agreements that regulate communication with colleagues and clients after the dismissal). The law guarantees the parties to cancel, amend and draft a new employment contract without adhering to the contract registered at the Ministry of Labor or the Free Zone. Such agreements include many details that are not usually included in the employment contract, such as:
- Non-competition conditions and their drafting (they should be drafted in accordance with the legal principles established by the courts to ensure that they are not null and void).
- The conditions related to refraining from contacting employees and inciting them to quit working with the employer and join the ex-employee or other parties to work for them after resignation.
- Conditions related to adhering to the internal regulations set by the company.
- The condition that the employee waives the intellectual property rights of the works he performs and ensuring that he registers them for benefit of the employer, whenever the legal requirements are met according to the law.
- The immediate termination of the employment contract without warning in case the employee does not successfully fulfill the medical examination requirements and security approvals of residence.
- Other conditions that ensure the clarity of the contract and the obligations of each party, which limit the chances of the employee resorting to litigation due to the clarity of all conditions.
Said contracts are drafted and periodically developed in accordance with the principles and practices of the Supreme Courts in labor disputes to ensure that they are of the highest legal standards.
2- Drafting the Guidelines for Sanctions and Dismissal Decisions
We co-operate with our clients in order to determine the dismissal mechanisms with the utmost care and in accordance with the regulations of law to ensure that the company will not face financial claims that usually amount to an average of two months’ salary. Such claims constitute significant loss, hence, the employer shall direct warnings to the concerned employee, while ensuring to attach the investigations that were carried out, the employee’s responses, deductions and penalties, conducting an investigation with the employee, deducting the salary and terminating his services according to the law to ensure that no arbitrary dismissal allowance will be claimed later.
3- Drafting Internal Regulations
As a law firm, we draft internal regulations for our corporate clients, and in case such regulations were already drafted by our clients, we review them to ensure their compliance with legal texts and judicial principles of labor disputes in the Supreme Courts.
Furthermore, we provide many other services to our corporate clients, such as conducting and attending investigations to verify their legal mechanisms, as well as negotiating with employees to terminate their services and attending litigation in the courts in case the dispute reaches the courts. Hire employment lawyer in Dubai from Nour Attorneys.
(B) Our Individual Clients
We represent our individual clients in their disputes with employers, to ensure that they get access to their labor rights prescribed by law and to ensure their maximum benefit. Our Employment lawyers in Dubai work with our clients before and after the dispute as follows to ensure achieving their rights:
1- Assisting the client in preparing all the required documents to file a lawsuit, before the dispute and during his/her employment period, if there were signs of a dispute with the company.
2- Assisting the client to recover his passport, notarized certificates, certificate of experience and personal belongings through an order on a petition to be executed by the police force within hours.
3- Assisting and guiding the client before attending the amicable settlement sessions with the company at the Ministry of Labor.
4- Attempting to resolve the dispute amicably by sending a legal warning supported by law and judicial principles and attempting to obtain the rights of the client early depending on the nature of the labor dispute, attending settlement sessions and negotiating on behalf of the client concerning his/her rights and settlement agreement terms.
5- Representing the client before the courts in accordance with the followed procedures and ensuring the best defense of the client.
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In conclusion, Nour Attorneys & Legal Consultants is keen, in case of providing services to corporate clients, on preventing any disputes with employees through clearly drafting the rights and obligations of each party in order to save the dispute costs for both parties. We work on helping employees to get their labor rights due to the nature of the circumstances that may occur to the employee after losing his/her job. We have best employment lawyers in Dubai.
- August 4, 2021
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