7OS01 Advanced Employment Law in Practice Assignment Help UAE

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CIPD 7OS01 Learning Outcome 1: Understand the legal framework for employment regulation in the UAE

1.1 Discuss the major sources of employment law and its evolution, including the major employment rights

The major source of employment law in UAE is UAE Labour Law which became effective on February 2nd, 2022. UAE Labour Law repealed the previous Federal Law No.8 established in 1980. 

This law protects both the parties within the employment relationship. Several matters such as working hours, overtime, leaves, vacation and public holidays, employing juveniles, employee records, safety standards etc. are covered by UAE Labour Law. This law prohibits the usage of forced labour and discrimination on the basis of gender, race, colour, sex, religion, national or social origin or disability.

1.2 Explain the role and function of the courts and other institutions responsible for the administration of employment law.

The courts and other institutions charged with the mandate of employment law administration ensure that their employees are treated equally in their place of work. The enforcement of such a law upholds safeguarding the employees against any form of discrimination and foul play, enabling them to be fairly remunerated for the work they do for their employers. It is through such institutions that wronged employees get a chance to seek justice.

The main courts dealing with the UAE’s employment law are the Employment Tribunals and the Employment Appeal Tribunal. These courts resolve the disputes between employees and their employers and can pass an order, which is effective for both parties involved in the case. The orders given by the Employment Tribunals are binding on other courts also, setting a precedence for future cases.

Other organizations involved in employment law include trade unions, which represent the interests of employees at work, and government agencies such as the Health and Safety Executive, responsible for enforcing health and safety legislation.

1.3 Explain employment status and the legal tests used to establish to whom different employment rights apply.

Generally, there are three broad categories of employment status in UAE: employee, worker, and self-employed. The legal tests to determine to whom certain employment rights apply differ depending on the type of status.

The rights of an employee are very numerous, and many benefits offered to employees differ from one company to another. Employees are entitled to fair remuneration, the right to not be unfairly dismissed as well as the right to paid holiday. For one to be referred to as an employee, there should be an employment contract with an employer.

Workers are allowed to have fewer rights than employees but they are protected under laws such as minimum wage, and the right not to be treated unfairly because of their sex, religion or disability. To be a worker, a person also must have a contract stating that they will do any type of work according to wage and time. A self-employed is entitled to a few rights of an employee or a worker, but he is protected against all kinds of discrimination under the Equality Act 2010.

1.4 Critically evaluate the principles of the law in the fields of precedent, vicarious liability and continuity of employment

A legal principle where courts listen to previous cases and let those rulings influence future decisions. Though this ensures uniformity in the law, strict results can be the outcome when old rulings are not updated to take into account contemporary values. Vicarious liability holds employers responsible for their employees’ acts while they are acting in their employment capacity. 

This principle obliges the employer to train and also acts responsibly toward its workers, but it also creates unfair circumstances when a manager is held responsible for the actions of people for whom he or she did not directly care. 

Employment in continuance The principle called continuity of employment provides that an employee’s job status should not change, even in a situation of company-level change, as in a case of merger or acquisition. It protects workers’ rights and benefits but complicates things with business restructuring. Most importantly, these principles aim to find a balance between fairness to the employee and the need for businesses to continue operating effectively.

CIPD 7OS01 Learning Outcome 2: Understand regulations that aim to protect employees from unlawful acts of discrimination

2.1 Assess the protected characteristics covered by the Equality Act 2010 and its operation

The Equality Act 2010 provides for equal pay between men and women in the same employment, where they are doing work of equal value. Employees have the right to equal compensation and can file a claim with the employment tribunal to enforce it. If the claim is successful, the tribunal might order that deficits of income or benefits be paid, as well as that the employer make attempts to ensure that discrimination does not occur again.

Employers are obligated by the Equality Act 2010 to disclose information regarding the salary difference between male and female employees. This is known as ‘gender pay gap reporting’. The purpose of gender pay gap reporting is to demonstrate whether the average salaries of men and women in a company differ. 

The percentage of men and women in each quarter of the employer’s pay structure, the mean and median gender pay inconsistencies, and the number of bonuses received by men and women are among the data that must be made public.

2.2 Evaluate the defences that respondents deploy in discrimination cases and remedies.

In most discrimination cases, respondents, being the parties charged in discrimination cases, have used various defences to justify their acts. The commonest defence is justification whereby respondents aver that their actions were taken for some legitimate business purpose, for example, to meet operational needs. 

In another approach, known as occupational requirement, a respondent claims that, for the job in question, certain characteristics, skills, or qualifications were necessary, and discrimination was necessary. Proportionality is another defence whereby the respondent asserts that their conduct was proportionate and reasonable compared to the circumstances of the situation. 

Lastly, respondents may, through this defence of no discrimination, argue that the respective circumstances emanated based on non-discriminatory factors. Remedies can either be in the form of compensation, reinstatement or apology, aimed at putting the victim back in the position they would have been in case there was no act of discrimination.

2.3 Explain the principles of equal pay law and regulation on pay gap reporting

Equal pay law will also ensure equal pay is paid to men and women for equal work or work of equal value. The principle aims to eliminate pay discrimination based on gender because women have been historically paid less compared to men for equivalent positions or responsibilities. Equal pay legislation bars employers from paying a worker less based on grounds of gender.

Pay gap reporting, usually by law, obliges a company to publish average earnings gap between the male employees and the female employees across an organization. In this manner, companies, workers, and the public at large can view gender-related pay inequalities. In this manner, businesses will know where to look for the issues of unequal pay. The regulations aim at closing such gaps by ensuring equal pay for work and reporting on the gap that exists between genders. They ensure that such workers at different jobs are placed equally for their respective work.

2.4 Assess the management of employment law in respect of specific groups of employees. 

Some have variations in the treatment of employment law for certain groups, like part-time workers, temporary employees, and disabled people. For example, in cases of part-time employees, the laws treat them fairly since they enjoy equal rights and benefits as full-time employees, like holiday pay and sick leave. 

Other types may have different protection concerns because the temporary staff are usually bound by contracts that waive some rights compared to regular employees. For instance, the Americans with Disabilities Act requires reasonable accommodations which would allow a disabled employee to do his job. 

Administering that can prove to be an important part of employment law-very much one where equity and compliance, for example, need to be balanced with the burden it places on employers to understand which regulations apply to which employees and how to treat each fairly. Proper management of the employment law can, therefore contribute to a more inclusive and enabling workplace environment for everybody.

CIPD 7OS01 Learning Outcome 3: Understand law in relation to establishment, alteration and termination of employment contracts.

3.1 Analyse the principles that underpin the law on different types of employment contracts, including their practical significance for organisations

An employment contract is a legally binding agreement between an employee and an employer. The terms of employment are either can be expressed or implied. An expressed term is agreed upon between the employee and employer whereas an implied term is inferred from the nature of the contract or the conduct of both parties.  

UAE Labour Law sets out the minimum statutory rights that apply to all employees, regardless of the terms of their contract. The practical significance of these principles for organisations is that they need to be aware of both the express and implied terms of their employees’ contracts and of the statutory rights that apply to all employees.

3.2 Debate the principles of the law of wrongful, constructive and unfair dismissal

Wrongful dismissal occurs when an employee is fired for breaching their employment contract. This could be because the employer did not follow the correct procedure, or the cause for dismissal is not authentic.

Constructive dismissal occurs when an employee resigns due to their employer’s breach of contract. This might occur because the employer modified the terms of the contract without the employee’s consent, or because of their behaviour towards the employee.

Unfair dismissal occurs when an employee is fired for a cause that is beyond their control or is treated unfairly during the termination process. UAE Labour Law 2022 offers a list of fair reasons for dismissal, which includes redundancy, capability or qualification concerns, and misconduct.

3.3 Examine the test of reasonableness in unfair dismissal law and its practical implications for organisations

The reasonableness test is a legal standard used to establish whether an employee was unfairly terminated. The criteria is founded on the idea that an employer must act reasonably in all situations, including terminating an employee. This means that the employer must provide a valid reason for the dismissal and follow a fair procedure.

The practical implications of the test of reasonableness for companies involve being aware of the potential consequences of dismissing an employee without a good reason or failing to follow a fair procedure. This will allow them to avoid any claims made against them.

3.4 Explain the process of complying with the law on redundancy and transfers of undertakings

The process of complying with the law on redundancy and transfers of undertakings is as follows:

• The employer must consult with employees about the proposed redundancies.
• The employer must select employees for redundancy fairly, using objective criteria.
• The employer must offer suitable alternative employment to employees who are at risk of redundancy.
• The employer must allow employees to appeal against their selection for redundancy.

CIPD 7OS01 Learning Outcome 4: Understand compliance in relation to further regulations relevant to major areas of people practice.

4.1 Explain the law on health and safety at work and personal injury

The law requires companies to analyse the risks to employees’ health and safety and implement suitable controls. They must also have a written health and safety policy that is available to all employees. In addition, they must give enough health and safety information and training to their personnel.

If an employer violates the provisions of the act, they may face criminal charges. Furthermore, employees who are wounded as a result of their employer’s negligence may be able to seek compensation through civil courts.The law governing health and safety is continually changing, and new laws are adopted from time to time. As a result, employers must stay current on the most recent advances.

4.2 Discuss the principles underpinning regulation on hours and wages.

General Principles Ensuring Fair Treatment and Protection of Workers ensures fair and just treatment of workers. They are presented as follows:

• Fair Compensation: The regulations should establish minimum wage standards so that all workers receive a fair and living income from their labor.
• Work-Life Balance: Rules regarding working hours seek to prevent overwork, thus creating work-life balance, which is associated with reduced burnout.
• Equity and Non-Discrimination: Wages are controlled to discourage gender, race, or any kind of discrimination and for equal wages for the same amount of work.
• Health and Safety: Many hours regulations focus their attentions on health and welfare conditions of workers, avoid overtime, and maximize rest periods.
• Economic Stability: Such wage standards encourage the economy, boost workers’ purchasing powers, and eventually benefit both businesses and communities.

4.3 Explain maternity and parental employment rights, including the requirements of flexible working employment legislation.

Maternity and parental employment rights ensure that parents get some protection at work. Maternity rights are the right to paid leave around the time of childbirth and protection from treatment contrary to good practice in the workplace on grounds of pregnancy. Parental rights allow both parents to spend some time off to take care of a child.

Flexible working legislation allows the parents and other carers to request a change in their working hours or location to make work and family life balanceable. The employer has to consider requests and explain why it cannot grant them if so. The rights protect parents in the workplace and promote a balance between work and family life.

4.4 Evaluate collective employment law and regulations relating to confidentiality at work. 

Collective employment law involves rights and obligations of employers, employees, and unions specially in collective bargaining, strikes, and employment representation. There are provisions on confidentiality directives that operate to restrain disclosure of sensitive information communicated in the work environment including trade secrets, personal data of employees and business strategies.

It is also the employer’s responsibility to devise policies regarding protecting confidential information, while employees are to abide by such policies and not divulge information without permission. Breaching confidentiality means that the employee may be subject to disciplinary measures or even litigation, bearing in mind that safety in the workplace and a trusting sense within the institution should be ensured.