Latest news with #labourlaw
CTV News
2 days ago
- Business
- CTV News
Union slams package company DHL's ask for federal strike intervention
OTTAWA — OTTAWA — Unifor sent a letter to Prime Minister Mark Carney and cabinet ministers this week decrying a request from package company DHL to intervene in a strike. That request was made by DHL in a letter last week that was shared on the union's website. The letter said the change that takes effect on June 20 to federal labour law banning replacement workers during strikes threatens to 'severely undermine' DHL's operational capabilities. It said the cessation of its operations would lead to the loss of around 2,800 jobs and asks that the government intervene to allow DHL Express to continue operating while it negotiates with the union. The letter said the company saw 'similar interventions' during the ongoing strike at Canada Post and that it thinks such action is warranted in its case given that it provides 'essential logistics services to Canadians.' Unifor national president Lana Payne argued in the letter to Carney that DHL locked out its workers and forced members to respond with strike action. She said the company is asking for a 'free pass' to avoid having to comply with anti-scab legislation which sets a 'dangerous precedent.' She said the use of 'scabs' leads to longer disputes, contributes to higher conflict at picket lines, jeopardizes workplace safety and 'removes the employer incentive to negotiate and settle fair contracts.' With the two sides at an impasse, DHL Express Canada has said it will shut down operations across the country. DHL said it will halt parcel deliveries starting June 20, the day federal legislation banning replacement workers takes full effect. The upcoming shutdown adds to the labour turmoil in the parcel market, as Canada Post remains at loggerheads with 55,000 workers amid strained negotiations and an overtime ban imposed by the union last month. Unifor represents over 2,000 DHL truck drivers, couriers and warehouse and call centre employees across Canada. -- With files from Christopher Reynolds This report by The Canadian Press was first published June 18, 2025.
Yahoo
2 days ago
- Business
- Yahoo
Union slams package company DHL's ask for federal strike intervention
OTTAWA — Unifor sent a letter to Prime Minister Mark Carney and cabinet ministers this week decrying a request from package company DHL to intervene in a strike. That request was made by DHL in a letter last week that was shared on the union's website. The letter said the change that takes effect on June 20 to federal labour law banning replacement workers during strikes threatens to "severely undermine" DHL's operational capabilities. It said the cessation of its operations would lead to the loss of around 2,800 jobs and asks that the government intervene to allow DHL Express to continue operating while it negotiates with the union. The letter said the company saw "similar interventions" during the ongoing strike at Canada Post and that it thinks such action is warranted in its case given that it provides "essential logistics services to Canadians." Unifor national president Lana Payne argued in the letter to Carney that DHL locked out its workers and forced members to respond with strike action. She said the company is asking for a "free pass" to avoid having to comply with anti-scab legislation which sets a "dangerous precedent." She said the use of "scabs" leads to longer disputes, contributes to higher conflict at picket lines, jeopardizes workplace safety and "removes the employer incentive to negotiate and settle fair contracts." With the two sides at an impasse, DHL Express Canada has said it will shut down operations across the country. DHL said it will halt parcel deliveries starting June 20, the day federal legislation banning replacement workers takes full effect. The upcoming shutdown adds to the labour turmoil in the parcel market, as Canada Post remains at loggerheads with 55,000 workers amid strained negotiations and an overtime ban imposed by the union last month. Unifor represents over 2,000 DHL truck drivers, couriers and warehouse and call centre employees across Canada. — With files from Christopher Reynolds This report by The Canadian Press was first published June 18, 2025. Catherine Morrison, The Canadian Press
Khaleej Times
4 days ago
- Business
- Khaleej Times
Abu Dhabi: Employee who never joined work awarded Dh110,400 in unpaid wages
A company has been ordered to pay a man Dh110,400 in unpaid wages for four months and 18 days by an Abu Dhabi Labour Court (First Instance). The employee was hired but never allowed to begin work. The claimant had filed a lawsuit against the company, demanding payment of his delayed salary from November 11, 2024, to April 7, 2025. He claimed that he had signed a fixed-term contract with a basic salary of Dh7,200 and a total monthly package of Dh24,000. However, the company continuously delayed his start date, leaving him waiting without pay. A representative for the company appeared in court, submitted a legal response and documents, and requested the case be transferred to a relevant division for judgment. The court stated that 'it was clear from the wage report, the employment contract, and the supporting documents submitted through the case management system that the delay in starting work was due to the employer," according to local newspaper Emarat Al Youm. The court emphasised that under Federal Decree-Law No. (33) of 2021 regulating labour relations, employers are obligated to pay wages on time according to the systems approved by the Ministry of Human Resources and Emiratisation. Citing Article 912 of the Civil Transactions Law, the court ruled that wages are a worker's right and cannot be withheld without proof such as a written waiver or legal acknowledgment. The employer had argued the employee wasn't entitled to his salary because he 'did not report to duty and went on leave.' But the court found no evidence of a formal investigation into any absence, determining that the delay in employment was the company's fault. The employee admitted taking eight days off, which were deducted from the total, resulting in a payment for four months and 18 days.
Khaleej Times
08-06-2025
- Business
- Khaleej Times
UAE: Can employees request to add annual salary increment clause in employment contract?
Question: I am currently employed at a mainland Dubai company that offers bonuses, annual salary increases, and other benefits. I've received a job offer from another company that provides a higher base salary but does not mention any annual salary increases. Can I request that a clause guaranteeing annual salary increases be added to the contract? If so, what is the legal standing of such a clause under UAE labour law? Please clarify. Answer: Article 8 of the Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationships along with it amendments and in conjunction with Article 10 (1) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021, outlines the mandatory information that must be included in an employment contract: 'The employment contract should include the name and address of the employer, the name, nationality and date of birth of the employee, proof of his identity, his qualification, the job or occupation, the date of work commencement, the workplace, the working hours, the rest days, the probationary period, if any, the term of the contract, the wage agreed upon including the benefits and allowances, the annual leave entitlements, the notice period, the procedures for terminating the employment contract and any other data determined by the Ministry in order to regulate the relationship between both parties.' Furthermore, an employer and an employee may agree to include additional terms in the standard employment contract, as long as such terms do not conflict with the provisions of the Employment Law, any resolution, or any applicable legal regulations. This is under Article 10 (2) of the Cabinet Resolution No. 1 of 2022, which states: 'The employee and the employer may agree to introduce new clauses to the approved contract forms, provided that they are in agreement with the provisions of the Decree-Law, this Resolution and the Legal Regulations.' The Employment Law provides the minimum rights to which an employee is entitled. However, if an employee is entitled to better benefits under another law, a company policy, or their employment contract, such rights will still apply. An employer should not reduce or take away more favourable benefits just because they are not stipulated in the Employment Law. This is in accordance with Article 65(1) of the Employment Law, 'The rights stipulated herein shall represent the minimum rights for workers and the provisions hereof shall not prejudice any of the rights granted to the worker under any other legislation, agreement, acknowledgement, regulation or employment contract, which would grant the worker rights that are more useful than the rights established under the provisions hereof.' Generally, in the UAE, an employment contract may not include the annual salary increment of an employee as an employer is not able to determine and evaluate the work performance and other aspects of an employee's work, at the time of making an offer to an employee. However, you may discuss with your prospective employer to add the clause pertaining to annual salary increments. If your prospective employer agrees to include a clause guaranteeing annual salary increments in the employment contract, it will be legally binding and enforceable. While the Employment Law does not require employers to provide annual salary increases, it allows employers and employees to mutually agree on additional benefits.
The National
02-06-2025
- Business
- The National
‘Is a non-compete clause valid if I quit during the probation period?'
Question: I started a new job in April and am still in my probation period of up to six months. I am not happy, so plan to resign as soon as I find another job. Do I need to give notice in my probation period? For how long? When I started, they made me sign a non-compete clause even though I am only an accounts clerk and am not involved in the sales side at all. Will this cause a problem, and can this company stop me from taking a new job? What if the new job is for a similar business? NR, Dubai Answer: NR is required to give his employer written notice of his resignation. This always applies, even if someone is on probation. This is covered in UAE labour law, Article (9), which states: 'If the worker wishes to move during the probationary period, to work for another employer in the State, he shall notify the original employer of the same in writing within not less than one month from the date of his wish to terminate the contract.' The same clause adds: 'And unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs. ' Note that costs are borne by the employers, not the employee. In this situation, the non-compete clause will not be enforceable. This was covered in the follow-up legalisation to the main labour law, Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulations of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations. Article (12) of this states: 'The worker shall be exempted from the non-compete clause … in accordance with the following conditions: b. If the contract is terminated during the probation period. ' The non-compete clause protects the interest of a business and should not be used as a way of preventing any departing employee from taking another job. It does not apply to all employees in any business and for such a clause to be upheld in a court, the company would need to demonstrate that there would be genuine harm to their business in some way. The burden of proof is on the employer. This is made clear in the executive regulations, which state that such a clause is only relevant if it can be demonstrated that 'the work's nature … causes gross damage to the employer's legitimate interests'. To clarify, NR must give one month's written notice, will not be bound by a non-compete clause, and all costs must be borne by his employers. Q: I work for an international company with an ADGM visa and transferred to them at the start of 2024. It was a very busy year, so I did not take my entire annual leave. I have asked for all eight days to be added to this year's leave, but the HR department is not letting me do that. I was able to carry days forward when working for the company in Hong Kong, so it seems unfair that the rules are different. What does the law say so I have all details before I make my complaint? HC, Abu Dhabi A: HC is a permanent employee with a contract of employment under ADGM, so the provisions of this employment law are the only ones that apply. He should have signed a contract that states this. The provisions that apply are those set out in the latest rules, Employment regulations 2024, which came into effect on April 1, 2025. Section 21 covers annual leave and clause 2 states: 'An employee is entitled to carry forward accrued but untaken vacation leave into the next vacation leave year for a maximum period of 12 months, after which any unused vacation leave carried forward from the previous vacation leave year shall expire. The amount of accrued but untaken vacation leave to be carried forward may be agreed between the employer and the employee, provided that nothing shall prevent an employee from carrying forward at least five days of vacation leave in each vacation leave year.' All employers must apply the provisions in the relevant law as a minimum, although they can choose to offer benefits above the minimum required. Five days is the amount stated in law but the employer can choose to permit more. If the reason is due to pressures of work, HC should speak to his manager to request special dispensation to carry forward additional days of annual leave, although there is no legal obligation to do so. Should the company refuse to permit his request, there are no grounds for a complaint under the ADGM employment regulations.
