Dear Writer,
I am student in the college in the United Arab Emirates. I have an assignment which is related
to the course Business & Commercial Law. The
... [Show More] assignment will be related to the UAE labor
law and Intellectual Property Law. The assignment include two parts
Part A (the total words of part A must be around 1750 words):
Assessment instructions:
Below is a limited Employment Contract which has been concluded between
VSBT Computers and Software LLC, a private computer software company
situated in Abu Dhabi (“the Employer”) and Hadeel Jabaar, a Jordanian
National (“the Employee”). The Employee has been offered employment by
the Employer in a junior, non-managerial position as a Human Resources
Officer.
(i) You are required to analyze the contract and clearly identify which clauses in
the contract are correct and which clauses do not comply with the UAE
Federal Labor Law Code No.8 of 1980.
(ii) You must discuss the reason(s)why a clause does not comply with the UAE
Federal Labor Law Code No.8 of 1980 and include the correct law in your
discussion.
You must write your discussion under each clause in the
space provided. Each of clause below must be discussed based
on above two points which selected in yellow (i) + (ii).
EMPLOYMENT CONTRACT
This employment contract is made on 21 November 2019
Between:
VSBT Computers Software LLC, a private company situated at 1243 Hazza Bin
Zayed Street, Abu Dhabi (the “Employer”)
and
Hadeel Jabaar, a Jordanian National and holder of Jordanian passport number
J0509081403 of 1908 Burj Al Arab Tower, Hamdan Street, Abu Dhabi (the
“Employee”)
Who agree that the Employee shall be employed by the Employer on the following
terms and conditions:
i. JOB TITLE AND DUTIES
The Employee shall be employed by the Employer at the VSBT Computer
Software LLC business premises situated at 1243 Hazza Bin Zayed Street, Abu
Dhabi, as a Human Resources Officer. The employee’s duties shall include, but
are not limited to:
working closely with various departments, increasingly in a consultancy
role, assisting line managers to understand and implement policies and
procedures;
promoting equality and diversity as part of the culture of the organization;
liaising with a wide range of people involved in policy areas such as staff
performance and health and safety;
recruiting staff - this includes developing job descriptions and person
specifications, preparing job adverts, checking application forms,
shortlisting, interviewing and selecting candidates;
developing and implementing policies on issues like working conditions,
performance management, equal opportunities, disciplinary procedures and
absence management;
preparing staff handbooks;
advising on pay and other remuneration issues, including promotion and
benefits;
undertaking regular salary reviews;
negotiating with staff and their representatives on issues relating to pay and
conditions;
administering payroll and maintaining employee records.
ii. CONTRACT TERM
The Employee shall be employed by the Employer for a limited term of 3 years
which employment shall commence on 01 July 2017 (the “commencement date”)
and terminate on 30 June 2020. The contract is renewable.
iii. PROBATION PERIOD
The employee shall work under probation for a period of 6 months’ calculated as
from the third month of employment. During the probation period, either party
may terminate the employment by giving one months’ notice. The employee
shall not be entitled to paid leave during the probation period. Once completed,
the period of probation shall not be included as part of regular employment.
iv. BASIC SALARY
The employer shall pay the employee a basic salary of 40 000 Jordanian Dinars
per month which shall be paid into the employee’s bank account in Amman,
Jordan on the last day of each month.
v. ALLOWANCES
The employee shall be entitled to the following allowances as specified herein
below:
Accommodation: AED 180 000 per annum
Education: AED 50 000 per annum
Air tickets: AED 15 000 per annum
Subsistence allowance: AED 5000 per month
vi. WORK HOURS
The employee shall work from 6h00 until 16h00 Sunday to Friday. The
employee shall be entitled to a 30 minute lunch break from 13h00 to 13h30.
vii. HOLIDAY LEAVE
The employee shall be entitled to holiday leave after 9 months of employment as
follows:
(i) In the first year of employment: 1 day per month, with half pay
(ii) From the 2nd year of employment: 21 days per annum, with full pay
viii. SICK LEAVE
After 4 months of regular employment and subject to medical recommendation,
the employee shall be entitled to 40 days of sick leave per annum, as follows:
(i) 10 days with half pay
(ii) A further 30 days without pay
The Employer may terminate the Employee’s contract during the final 30 days of
sick leave.
ix. MATERNITY LEAVE
The employee shall be entitled to maternity leave as follows:
(i) From the 2nd year of employment: 43 days with half pay
(ii) The employee is not entitled to extend her maternity leave
x. OFFICIAL HOLIDAYS
The employee shall be entitled to the following official holidays with half pay:
Hijri New Year's Day (1 day)
Eid Al Fitr (end of Ramadan) (2 days)
Eid Al Adha and Waqfa (3 days)
Prophet Mohammed's Birthday (pbuh) (1 day)
Al Isra’a Wal Mi'raaj (1 day)
National Day (1 day)
An official holiday which falls within the employee’s annual leave shall be
calculated as part of the annual leave
xi. HAJ / UMRAH LEAVE
The employee shall be entitled to a maximum of 15 days unpaid Haj or Umrah leave
once during her employment, which leave shall be included in the calculation of the
employee’s holiday leave.
xii. OVERTIME HOURS AND PAY
Should the employer require the employee to work overtime from time to time,
such overtime work shall be subject to the following conditions:
(i) The Employee shall not be required to work more than 3 hours
overtime a day except if necessary to prevent a substantial loss or
serious accident or where there has been a substantial loss or serious
accident at the place of employment
(ii) The Employee shall be paid overtime wages at the rate of the
Employee’s hourly rate plus 10%
(iii) The Employee shall be paid overtime wages at the rate of the
Employee’s hourly rate plus 25% if the overtime is required between
the hours of 23h00 and 3h00
(iv) If the Employee is required to work on a Friday after 18h00 then the
Employee shall be paid overtime wages at the rate of the Employee’s
hourly rate plus 25% alternatively the Employee shall be given a half
day for rest during the week
xiii. END OF SERVICE GRATUITY
The employee shall receive an end of service gratuity on termination of the
employment contract, which amount shall be calculated as follows:
• 21 days salary for each year for the first 5 years of employment
• 30 days salary for each additional year after the 5 year period of employment
• Total gratuity shall not exceed 1 years’ salary
• The gratuity is calculated on the first basic salary received by the employee
Employer: (signed on behalf of VSBT Computers and Software by the CEO Saif Al
Jabrie) at Abu Dhabi , United Arab Emirates
_____________________________________________________
Saif Al Jabrie CEO of VSBT Computers and Software
Employee: signed by the Employee at Abu Dhabi, United Arab Emirates
______________________________________________________
Hadeel Jabaar
Part B (the total words of part B must be around 750 words):
Task:
The company referred to in Part A, VSBT Computer Software LLC, decide to use the
following logo as their trademark:
Your report requires should discuss the items set out below:
1. Introduction: a very brief introduction (what the group will be discussing).
2. Discuss the definition of a trademark in UAE Trademark Law (article 2) and
compare this definition to the definition of a trademark of any other country of
your choice.
3. Describe how trademarks can be protected in the UAE. (The answer must be as
bullet points)
4. Explain the difference between using the following symbols next to a trademark:
™ and ® (The answer must be as bullet points)
5. Discuss three reasons why a trademark is important for a business. (The answer
must be as bullet points)
6. Discuss what constitutes trademark infringement under UAE trademark law. (The
answer must be as bullet points)
7. Discuss whether use of the above logo constitutes trademark infringement in terms
of UAE trademark law and the reason for your answer. (The answer must be as
bullet points)
8. Explain the criminal penalties and the civil remedies available for trademark
infringement in terms of UAE trademark law. Briefly explain the difference
between civil and criminal sanctions in your discussion. (The answer must be as
bullet points and each must be separate)
9. Explain why is it important that the UAE has laws that forbid trademark
infringement (including counterfeit goods). (The answer must be as bullet points)
10. Discuss three negative consequences that trademark infringement (including
counterfeit goods) may have on: (The answer must be as bullet points)
a. Trademark owners (the original trademark owner)
b. Consumers (persons who purchase / make use of counterfeit goods)
(Note: two/three negative consequences for (a) and two for (b))
11. Discuss three recommendations that will lead to the reduction in the number of
counterfeit goods being sold in UAE. (The answer must be as bullet points)
Note:
1. All reference used must be have a correct internet link. No books needed to use as
reference. The Part A reference will be only the UAE Labour Law. Part B will
need reference. Provide an internet link to your reference.
2. I attach the course chapters which some documents will help you
3. I also give you link which will help you in Part A, it is for UAE labor law (you will
find all law in different PDF files):
https://www.mohre.gov.ae/en/laws-legislation/labour-law.aspx
4. The work must be original and done by your own words. Nothing copy
5. I will attach my friend work for not same this contract but different, I will attach the
contract and his answer only to get an idea how the answer should be. It is not
allowed to cop anything from his work. I attach only to get an idea. [Show Less]