SALEM AL SAHOOD(LL.B, LLM)’s Post

Resigned Workers & Employee Rights 1. Right to Resignation crucial aspect of employment termination. 2. All employees/ Workers have a Right to resign from employment at any time, even without assigning any reason of Resignation. 3. Employee's right to Resign is Governed by their employment terms mentioned in appointment letters signed by both employer and employees at the time of employment. 4. In the absence of resignation terms mentioned in appointment letters, the Standing Orders Ordinance 1968 or Sindh Terms of Employment Act 2015 governs the process for Employees resignation alongwith all other Worker's/ Workmen. Following are the laws pertaining to Resignation in Labour Laws of Pakistan 16(1) Sindh Terms of Employment Act 2015 an 12(1) of SO 1968. Key points are: 5 Notice Period. 5.1 Employee submitting resignation should notify his employer his intention to resignation 30 days before the last day of duty. 5.2 Immediate resignation is permissible if the employee opts to surrender one month's salary in lieu of serving a notice period of 30 days. 5.3 Non-Completion of Notice Period: If an employee cannot fulfill the notice period, the employer may deduct the equivalent days' pay from their dues. 5.4 Resignation must be in written form, either via email or letter, addressed to HIS / Her Line Manager. 5.5 If line manager or immediate boss doesn't forward it To Notified Factory Manager or HR Manager, or HRBP then employee can forward it to HR. 5.6 Acceptance: Employers cannot reject a resignation once it has been submitted; it becomes effective immediately from the date of submission to Immediate Manager or HR. 5.7 - Dues Settlement: All legal dues, including salary for the current month, unpaid leave encashments, overtime pay, allowances, bonuses, and reimbursements, must be settled within two days of the employee's last working day. This is mandated by Order No 16(4) of the relevant regulations. 5.8 Experience Letter : if employee wants the record of His employment , HR department must issue the Experience letter mentioning Position, salary drawn , date of Joining and Date of resignation on Letter head in original to employee.( SO 17) Understanding these regulations ensures a fair and compliant resignation process for both employers and employees.

It is important if you employ staff that you have an understanding of what HR Compliance is required. There are some key legal HR requirements that every small business should know, even if you outsource your HR. Navigating the world of HR compliance can be challenging, especially for small businesses with limited resources. However, understanding and adhering to legal requirements is crucial to avoid costly penalties and foster a fair, safe, and productive work environment. Here are the key legal HR requirements every small business should know https://lnkd.in/eWkTPHE4 #SmallBusinessHR #HRCompliance #LegalHR #HRManagement #EmploymentLaw

HR compliance - are you making this a priority in your business? Prioritising HR compliance not only safeguards your business against legal issues but also contributes to a positive and thriving workplace culture. You should ensure you are doing the following on a regilar basis:- - Do regular audits to identify and rectify compliance issues. - Keep abreast of changes in employment laws and regulations. There are so many! - Before you take action seek advice! I have saved many employer from a potential tribunal case. - Provide ongoing training for management and employees on compliance-related topics. Read this blog for more on this topic, and always reach out for help and advice. https://lnkd.in/eWkTPHE4 #HRCompliance #WorkplaceCulture #HumanResources #EmployeeTraining #LegalCompliance #HRTips

It is important if you employ staff that you have an understanding of what HR Compliance is required. There are some key legal HR requirements that every small business should know, even if you outsource your HR. Navigating the world of HR compliance can be challenging, especially for small businesses with limited resources. However, understanding and adhering to legal requirements is crucial to avoid costly penalties and foster a fair, safe, and productive work environment. Here are the key legal HR requirements every small business should know https://lnkd.in/evzWJtey #SmallBusinessHR #HRCompliance #LegalHR #HRManagement #EmploymentLaw

Moving from reactive to proactive, while this article from HRM online is targeted to HR the points are relevant to most people. 🔆 🔆 #HR #ADP #payroll

It seems more and more recruitment businesses are growing their contractor base and why wouldn’t you 💭 1) interims prioritise problem solving 2) Interims are conditioned to thrive in high-pressure environments 3) Interims are objective and independent Put simply, interims are a great shorter term solution for your clients needs. #contractorpayroll #umbrellacompany #recruitment

The Ministry of Human Resources and Emiratisation (MOHRE) has clarified the rules on notice periods and contract termination. Here's a quick rundown: 1. Notice Periods: Both employers and employees can terminate a contract, provided they adhere to the notice period terms. Notice periods must be between 30 and 90 days. The notice period may be reduced or exempted on mutual agreement between the two parties. 2. Duties During Notice: Employees are required to continue fulfilling their duties throughout the notice period. 3. Notice Period Allowance: If either party fails to serve the notice period, they must pay the other a "notice period allowance," equal to the worker’s wage for the full notice period or proportionate to the remaining period. Notice period allowance is calculated based on the employee’s most recent salary, whether received monthly, weekly, daily or hourly” and that “the average daily wage determines the notice allowance of piece-rate wage employee. 4. Job Search Leave: Employees terminated by their employer are entitled to one unpaid day off per week during the notice period to search for a new job, with three days’ notice given in advance. Under Article 44 of the UAE Labour Law, an employer can terminate an employee without notice under specific circumstances, including: 1. False Identity or Forged Documents. 2. If the employee causes significant damage or acknowledges damaging the employer's property. 3. Not adhering to safety instructions provided in writing or verbally for illiterate employees. 4. Failure to perform duties despite two warnings of dismissal. 5. Divulging secrets leading to losses or personal gain. 6. Being drunk or under drugs, or breaching public morals at work. 7. Assault against the employer, manager, or colleagues. 8. Absenteeism: More than 20 intermittent days or 7 consecutive days without excuse. 9. Illegal Exploitation using the position for personal gain. 10. Unauthorized Employment: Joining another establishment without proper procedures. Termination Process - Investigation: A written investigation must be conducted before termination. - Written Notice: The dismissal notice must be justified, in writing, and duly handed to the employee. Article 45 of the UAE Labour Law allows employees to terminate their contract without notice if the employer: 1. Not meeting contractual or legal obligations, with the worker notifying MoHRE 14 working days before quitting and the employer failing to rectify the breach. 2. If the employee is assaulted or harassed at the workplace, they must inform the competent authorities and MoHRE within five working days. 3. If instructed to perform work fundamentally different from what was agreed upon without the worker’s written consent. 4. f the employer fails to remove factors posing grave danger to workers’ safety or health despite being aware of them. #UAEEmployment #HRInsights #WorkplaceGuidelines #EmployeeRights #ContractTermination #LabourLaw #HRAdvice

NEW BLOG POST: 5 Signs That Your Company Needs to Outsource HR Small businesses often have leaders who wear many hats 🎩, including HR responsibilities that impact everything from your company culture 🌱 to team member retention and compliance with payroll and labor laws ⚖️ to acting as a liaison between managers and their teams. If you’re finding yourself overtasked and spread too thin, it could be time to consider outsourcing HR, and here are what the signs look like. ⬇️ Click below to read the rest. #SmallBusinessHR #OutsourcedHR #Leadership #HRCompliance #HR #FocusHRBiz

TERMINATION OF EMPLOYMENT UNDER POOR PERFORMANCE A notable recent labour case in Tanzania, regarding performance management, highlighted key issues employers must consider before terminating employees based on poor performance. One example is the case of Tanzania Breweries Limited vs. Leo Kobelo in which the court ruled the termination to be unfair because the employer failed to set clear performance standards or provide necessary support to improve the employee’s performance. Key lessons learned from such cases include: 1:Clear Communication of Standards: Employers must clearly define and communicate performance standards to employees. Termination due to poor performance is considered unfair if the employee is not aware of or reasonably expected to know about these standards 2:Support and Opportunity for Improvement: Employers are required to offer adequate support such as training or counseling to help employees meet performance expectations. The failure to provide these opportunities before dismissal weakens the employer's case, as seen in both the Tanzania Breweries and the South African White vs. Medpro Pharmaceutical cases 3:Fair Process and Right to be Heard: The procedural fairness of the termination process is critical. Employees must be given the chance to respond to allegations of poor performance, and their representation rights during hearings must be respected These cases demonstrate the importance of not only setting realistic and reasonable performance goals but also ensuring that employees are properly supported and given a fair process before any termination. Employers need to ensure compliance with labour laws to avoid rulings of unfair dismissal.

Came across to a case in mind. Company has hired Employee A as to take care of one department. Employee A's Letter of Employment was given, working hour follows the whole operation team including Saturday. Upon considering between the Superior A and employee A's request, they agreed to make it flexible for Saturday on alternate basis, verbally. This information was acknowledged by HR that time. Employee A's was then transferred to Superior B due to company restructure and the whole department park under the respective department. As company grow and new system implemented, Employee A requested a new assistant to catch up the progress. The whole hiring progress done without HR department involvement up to LOE signing. Employee A managed to hired the friend Employee B. Without HR knowing again, Employee B was transferred to new reporting department, when Employee B has not get any of the LOE since joined. To replace the assistant position, Employee A hired another Employee C, without HR department as well. HR Department was then requested by Employee A and the manager to assist in preparing LOE for Employee B and C. The LOE was prepared based on the standard terms and conditions practise in the company for the whole operation team. Employee B raised the queries on the working hours and HR department has to answer all the queries. Manager without checking on the actual working hours of the team, given instruction to HR department to follow exactly. Employee B still not satisfied and raised another few queries. To clear all the queries and confusion between all parties, HR department has write up an email to clarify the initial flexible Saturday and up to here. In the email, even all the hiring was done without involvement of HR department, HR department has apologize for the miscommunication happened and suggested what they think is fair to the whole team and to those involved. Summary of the suggestion as below: "All terms and conditions in LOE shall follow the standard requirement by company. However, if superiors agree the employee to be on flexi alternate, HR department has no issue but both departments has to ensure HR department are well informed to maintain accurate payroll calculation." Suggestions to all relevant Hiring Manager "To ensure all hiring align with company policies, we suggest all Hiring Manager to check with HR Department for any term and conditions before you proceed to give information for any future candidates. It is better to prevent confusion between the staff as this may cause grievance among the team." Putting aside all the other problematic things from employee, I was thinking 1. Is that fair when HR department was not involved in the whole process but end up HR department being the bad man in the company? 2. Is that a good strategy when management is not supportive and not following the company policies say but requesting others to follow and having favourism? 3. Any better way HR department can do?