MoL gets tough on Friday worker compensation

Investigations will be ongoing across the Emirates

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The Ministry of Labour is to step up pressure on businesses to compensate labourers who work on Fridays in a wider attempt to harmonise the enforcement of employee rights across the Emirates.

Following a notification on its website, the Ministry has confirmed that it is taking action to ensure that companies do not flaunt existing legislation and pay workers 50% more than their usual hourly pay on the first day of the weekend.

The crackdown on payment comes after a protest on 3rd May in Dubai in front of the Ministry of Labour in which workers demanding pay long-overdue that had been withheld by their employer, a South Korean construction company that is yet to be named.

Workers from the Phillipines, India, Bangladesh, and Vietnam marched to the headquarters in Al Qusais. Around 100 Vietnamese workers refused to leave unless they were paid immediately and attempted to block the building’s main gate, according to The National.

Legal experts say that the legislation for remuneration has been in place across the Emirates for some time, though this far from guarantees compliance.

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One employment lawyer told CW that it is part of a sea-change at the Ministry to add bite to rule enforcement, along with the added clarity of publicizing its activities online. “We are seeing more and more that the Ministry of Labour – and groups such as the International Labour Organisation – are ensuring that elements of legislation are being implemented,” she said.

“A company will say that overtime is being paid but there are differences. The Ministry of Labour may say ‘pay more than half [normal pay]’ whereas in Abu Dhabi it is two-and-a-half. What is apparent from the Ministry of Labour and Abu Dhabi when publishing reports that there is a commitment to establish consistency.”

She added that there is often great variation in the enforcement of such issues as worker pay – but that the authorities will be breathing down the necks of non-compliant firms.

“Traditionally, the companies that were inspected were typically construction sites as they are more open plan and accessible. The n pretty much over 2009 complaints rocketed that might have been from recruitment companies and real estate companies getting away with quite a lot.”

She added that companies have recently been categorized as either A, B or C by the Ministry of Labour, depending on their track record or sponsor. The size of fines for non-compliance will be partly down to the company’s category.

The lawyer added that there is a definite high interest right now that people are paid on time, and described overtime such as that on Friday as a “hot topic”. “A lot of people got away with not having workers sponsored, and I’ve spoken to firms that have said they have not paid the over time due, and what can be done? Also, a lot of firms have part-time employers, for which there is no official scheme in the UAE.”

Mr Ibrahim, part of the legal counsel at the Ministry of Labour,said employers had two choices: either they could give workers a paid holiday for every Friday they worked, or pay 50% over normal rates. He added that it is still imperative that companies cannot make labourers work more than two Fridays in a row.

However, he said the Ministry could do nothing about employees who sign blank documents that stae they have received compensation before they start work - another area that the Ministry has highlighted on its website.