Maternity go away
Query: I’ve labored in an organization for 2 years. Presently, I’m eight months’ pregnant. My query is: Am I entitled to maternity go away in case my firm is beneath a Free Zone Authority? Based on my employer, such guidelines aren’t relevant as a result of my firm is beneath a free zone and never beneath the Labour Ministry. In my employment provide letter, it’s talked about that I’m entitled to maternity go away for 2 weeks with one month’s fundamental wage solely as a result of my firm comes beneath free zone guidelines. My questions are: 1) In case I’m entitled to such go away, what’s my proper? 2) Is the Labour Legislation relevant in my case?
Reply: Based on UAE Labour Legislation, Federal Legislation No (8) Of 1980, Article No 30:
“A feminine employee shall be entitled to maternity go away with full pay for a interval of 45 days, together with the interval previous and the interval following her being pregnant, given that she has been in her employer’s service for a steady interval of not lower than one 12 months. If she has not accomplished the aforesaid interval of service, she shall be entitled to maternity go away with half pay.
On the expiry of her maternity go away a feminine employee could also be absent from her work with out pay for a most interval of 100 consecutive or nonconsecutive days if such absence is because of an sickness, stopping her from resuming her work and if the sickness is confirmed by a medical certificates issued by the medical service specified by the competent well being authority or if the latter authority confirms that the sickness was associated to the lady’s being pregnant.
The go away supplied, as talked about within the previous two paragraphs, shall not be deducted from another interval of go away.”
Lastly, in keeping with UAE Labour Legislation, a feminine worker is entitled to maternity go away even when an organization just isn’t beneath the Ministry of Labour. The UAE Labour Legislation is relevant to all firms whether or not they’re beneath the Ministry of Labour or beneath a Free Zone Authority.
Query: 4 months in the past, I misplaced a cheque with my signature on it. Nevertheless, the quantity, date and beneficiary weren’t written on the cheque. I used to be in a rush and didn’t file a report for the misplaced cheque on the police station. Quickly after, I used to be in another country for an pressing matter. After I got here again from overseas, I used to be stopped by the police on the airport on the cost of issuing a cheque with out adequate steadiness. I instructed them concerning the lack of the cheque and that the one who had introduced the cheque on the financial institution was a thief, however police impounded my passport and I used to be referred to Public Prosecution. My query is: How do I show earlier than prosecution that the cheque was stolen from me and that the beneficiary of the cheque had nothing to do with me and I didn’t know him? Additionally, how can I come out of this case, figuring out that the quantity talked about on the cheque is giant and I do not need sufficient funds to help it?
Reply: I wish to make clear to the questioner that the plaintiff has to show his proper and the defendant has to disprove it as per Article 1 of the legislation on proof in civil and business transactions. In prison circumstances and as determined by the courts, “The precept is that crimes of every kind — aside from what’s exempted in a particular textual content — could also be confirmed by all authorized strategies, together with proof and presumptions.
Cassation No 213/2020 Penalty states: “Authorized strategies are the identical even in civil or prison legislation. They embody written evidences whether or not they’re official or customary statements, correspondence, letters, cables or comparable papers. Additionally they embody testimony of the witnesses, presumptions, acknowledgement and interrogation of opponents, oath, survey and motion establishing authorized standing and knowledgeable task.”
You might use no matter proof you need to show your proper particularly paperwork, witnesses and experience.
Article (88) of Federal Legislation No (35) of 1992, Regarding the Legal Procedural Legislation, states: “The member of the general public prosecution shall hear the witnesses, which the events ask to be heard, except he deems it ineffective. He might hear these witnesses thought-about by him helpful to be heard as considerations the established information or these evidencing the crime, its circumstances and its imputation to the accused or his innocence therefrom.
Article (96) of the identical legislation, states: “Ought to the investigation require the help of a doctor or different specialists to determine a establishment, the member of the general public prosecution shall challenge an order of assigning him to submit a report on the duty he was assigned for.” The knowledgeable shall submit his report in writing on the time fastened by the member of the general public prosecution.
And in spite of everything, the primary challenge in prison trials is the way in which the choose is satisfied based mostly on the proof introduced to him, so he might have his perception from any proof or match that he’s comfy with so long as this proof has its right strategy from the case papers. (Cassation No 2019/1029 penalty.)