Rescinding Of A Determined Employment Contract

With the right to employment comes another essential related right which is the right to choice of one’s employment. The right to choice of one’s employment gives the freedom to people to undertake work of their own choice and not toil in the field in which they do not wish to put their labor. Laboring against the will of one’s self can be considered to be forced labor which is illegal in UAE and most of the other countries in the world. Employment contract is an agreement between the employer and the employee where the employee agrees to work for the employer for a fixed period of time and for a specific job – role. Employment contracts sometimes do not fix the duration of employment in which case the contract is known as an undetermined contract whereas determined employment contracts are contracts that bind the employee to the employer for a fixed period of time. Employment contracts are not considered as forms of forced labor as both the employee and employer willingly enter into it but in the long run it may be considered as forced labor as the main aim to fix a duration is to ensure that the employee does not leave the employment before that duration even if he wishes to and therefore once the employee signs an employment contract he has to work for the employer for the number of years fixed by the employment contract and the employee loses his right to leave quit the employment before that period. Though this is not considered forced labor it is in reality a different form of forced labor behind the veil of an enforceable contract.In the United Arab Emirates the right to employment and all related rights enumerated in its rich constitution is only limited to the nationals of the United Arab Emirates whereas the rest of the people who live here as expatriates have to solely depend on employment contracts and therefore become the victims of the veiled forced labor. The present article discusses the regulations enumerated in the labor law1 for ending the employment and the consequences of breach of employment contracts of fixed duration.According to the labor of the UAE the employer may on grounds enumerated in article 120 of the federal law no.8 of 1980, rescind the employment contract without giving notice. The grounds enumerated for rescinding of the employment without notice are as under:1. In case the worker assumes a false identity or nationality, or submits false certificates or documents.2. In case the worker had been appointed under probation, and the dismissal had taken place during or at the end of the probation period.3. In case the worker commits an error resulting in colossal material losses to the employer. In such cases the Labor Department should be notified of the incident within 48 hours of the knowledge of the occurrence thereof.4. In case the worker violates the instructions related to the safety at work or in the work place, provided that such instructions were written and posted in a prominent location, and that the said worker is notified thereof if he be an illiterate.5. In case the worker fails to perform his main duties in accordance with the employment contract, and thereafter fails to remedy such failure despite a written investigation on the matter and a warning that he would be dismissed in case of recidivism.6. In case the worker divulges any of the secret of the establishment where he works.7. In case the worker convicted in a final manner by the competent court in a crime relating to honor, honesty or public ethics.8. In case the worker is found in a state of drunkenness or under the influence of a narcotic during work hours.9. In case the worker assaults the employer, responsible manager or co – worker during the work hours.10. In case the worker remains absent without valid cause for more than twenty non – consecutive days in one year, or for more than seven consecutive days.In case none of the above circumstances described applies to a case yet the employer terminates the employment of the worker without notice before the expiration of the determined employment contract, the employer has to provide compensation to the employee for the same. The compensation amount that is provided to the worker by the employer is in lieu of the damages suffered by the worker due to the premature termination of the employment. The law provides for a limitation to the amount of compensation which is limited to the total wage due for the period of three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. Therefore this provision is subject to the terms of the contract. Many times the contract has liquidated damages fixed for specific breaches; in such cases the damages awarded do not exceed nor are less than the liquidated amount.Similar provisions are also provided in case the worker decides to leave the employment before the expiration of the employment contract. The worker may leave the employment before the expiration of the contract without notice if the following circumstances prevail:1. In case the employer breaches his obligations towards the worker, as set forth in the contract or the law.2. In case the employer or the legal representative thereof assaults the worker.In case the two circumstances mentioned above do not prevail and yet the worker leave the employment prior to the expiry of the employment contract, the worker is be bound to compensate the employer for the loss incurred by him due to the rescission of the contract. The compensation amount is limited by the law to not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. Thus here too the terms of the contract if any regarding this matter shall be made applicable in a manner similar as it is explained above regarding termination of employment contract by employer.These provisions mentioned above hold good only to the citizens of UAE, for the rest of 88% of the population the provision stipulated in article 128 of the law2 applies. Article 128 provides that in the event of a non – national worker to leave his work without a valid cause prior to the end of the contract with definite term, he may not get another employment even with the permission of the employer for a year from the date of abandonment of the work. It further provides for a warning for the employers that they may never knowingly recruit the worker or retain in his service during such period. The Non – national workers may be exempt from such penalties if they can secure an authorization of the original employer and after submitting such authorization in the ministry of labor and social affairs, attain the consent of the ministry for the new employment.1Federal Law no. 8 of 1980
2Federal law no. 8 of 1980

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Health and Fitness With Body Building Success

The 21st century has led to many developments and innovations that allow us incredible power of choice and customization. I think a lot of us would agree that due to this type of racing lifestyle one can easily forgo tried and true methods in favor of dubious or even ineffective methods because of popular trends and, even just plain unavailability resultant of popular demand (only popular products are well stocked allowing to be priced well). One of the popular and essential areas of our life is Health and Fitness. Now look, I’m not a biassed pitcher for Arnold Schwarzenegger’s Fan club, but there’s a good reason why Arnold was successful as a back-to-back Mr.Universe winner.This is a little trade secret too, passed down from my Father who was an astute body builder. I’d like to share these facts as I feel they have made a very significant difference to my diet, health and training abilities:1. Listen to your body Really, if you don’t understand what it is telling you it is because you probably don’t know enough about the body and foods. Get more informed about the basics, no magazines proper bona fide reading.2. Understand that the body requires a certain amount of substances to operate at NORMAL, not PEAK. When not provided to the body it will manufacture it out of other things or the body itself to get it. This takes energy and ties up body processes to do this. PROTEIN is important for re-building the body, also called regeneration. Understand which foods have decent amounts of protein. Eat enough of them. VITAMINS and MINERALS are extremely hard to get unless you really like eating a lot of vegetables, but the best source is legumes. Look out for recipes that have cooked legumes, there are a lot of different types and the variations of cooking will satisfy even the queen.3. The body is a system, not a linear machine.4. FORM of exercise is of importance greater than what exercise is being done. ALWAYS have the correct form, this is why personal trainers get so much business, because they exercise correctly.There’s a few more, and I know they don’t seem like anything new, but they are the basics from exercise to diet and health.Be well.

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Travel Photography Tips – 7 Tips For Taking Great Travel Pictures

Taking great pictures of your vacation can be easy if you have a few basic photography skills. In this article, you will find seven travel photography tips that will help you take some fantastic travel pictures that you’ll enjoy for years to come.Add Drama to Your PicturesBy adding drama to your pictures, it makes them more interesting and visually appealing. If you want to add drama to your pictures one way is to show scale. You can do this by adding people or natural features to your photographs of big things like monuments, landscapes or the world’s biggest Redwood.Clean up the ClutterWhen you’re seeing exciting new things, it’s easy to ignore the background. But before you hit the shutter release button, look at what you’re really photographing. In some cases, moving a few feet could eliminate unwanted clutter like power lines, billboards, or people walking through your picture.Photograph the LocalsNo matter where you are traveling in the world, learn how to say some basic things like “May I please take your picture?” in the local language. Offer to send those you photograph a copy so make sure to have a small notebook or pencil to jot down names, addresses or emails.Unique and Candid PhotosCandid shots when traveling are the best, but occasional portraits of the family in front of spectacular views and famous landmarks are part of almost every vacation album. Don’t forget to get in the vacation pictures too by using the self timer or remote shutter.Always take pictures of things that interest you instead of taking pictures of things “you have to take” like those shown on postcards in the gift store. You can always pick up some postcards to add to your vacation souvenirs. Unique subjects make great travel pictures so look out for these opportunities.Every Photo Has a StoryYou may want to tell your vacation story by using your photographs from the time you departed to your return home so make sure to capture these moments too. Include highlights like your campground neighbors,an unusual meal you had, activities, the look on a family member’s face when he or she saw something for the first time. Once you get home and look at all of the pictures, select those pictures that best reflect your trip and frame them on your wall to remember.Get the Kids in on the ActIf you are traveling with children, give each child a camera (use disposables for the young ones) and encourage them to take pictures too.Then when you return home you can create a fun photo album to remember your vacation. While on your vacation, make sure to make notes so you can later add captions to your photos.Camera LogisticsIf you’re going to be near or in the ocean, bring one-time use or waterproof camera.Watch out for salt water and sand as they can wreak havoc on your camera.Remember that not every picture will turn out good as even the seasoned photographer will take some bad pictures from time to time. The best solution is to bring extra memory cards and have a way to upload your photos each day while you’re away.And don’t forget to prepare your camera for the next day by recharging the batteries and replacing the memory card. By doing this, you’ll be ready to go in the morning!As you can see, taking great travel and vacation pictures can be a lot of fun and relatively easy just by following these seven tips. And, by the time you return home you will have a lot of fantastic pictures to share with your friends and family.

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