Thread Started by #Whichphilosophy

I worked for my company for five years as a direct employee. On the sixth year the company hired me through an agency. Under Article 18 of ARTICLE 18 para 2 “The persons supplied by a recruitment agent or a labour supplier shall, immediately upon joining the service of an employer, be considered employees of that employer and shall be entitled to all the rights enjoyed by the employees of the establishment in which they are employed.
The relations between such employees and the employer shall be direct and without any interference from the labour agent whose task and relation with them shall cease to exist as soon as they are introduced to and employed by the employer.”
Payment is however through the Agency. However I discovered that the EMPLOYER refused to pay the AGENCY for annual leave, national holidays, end of service gratuity and return airfares (paid by the company). My offer from the Agency however stated that the terms of the contract through them (as confirmed by the employer) remain the same.
Hence to omitted payments are covered in the contract.
I believe despite resistance from the COMPANY it is very clear per ARTICLE 18 my dealings are with them.
I believe that the company excluding terms when paying via an agent are just as illegal when excluding the same in direct payments.
The Agent did pay some and I did not have the time to spend in Abu Dhabi to try and get the rest. I believe if the AGENCY does not pay me I can ask this from the company. What is the legal position on this though this is clearly deception.
22nd May 2016 From Philippines, San Juan
Since i don't know your designation and category you fall even generalize solution of problem what i can provide is:
1.) If agency is contractor and is bound under Indian contract labour and abolition rule and you are a worker then there are definitely provision of earned leave and all other facility that direct employee who are on roll of employer. If contractor is not following the guideline then you can approach labour office for your right.
2.) In case agency is providing specialize services and you are not worker then employer and agency is bound under agreement act and the clause finalized in the agreement will applicable on all the personnel working through agency. In this case you are not in position to deal directly with employer.
22nd May 2016 From India, Chandigarh
I was under the impression this site deals with UAE Labour Law as this came up while I was quickly googling.. ARTICLE 18 of LABOUR LAW states, "THE PERSONS SUPPLIED BY A RECRUITMENT AGENT OR A LABOUR SUPPLIER SHALL, IMMEDIATELY UPON JOINING THE SERVICE OF AN EMPLOYER, BE CONSIDERED EMPLOYEES OF THAT EMPLOYER AND SHALL BE ENTITLED TO ALL THE RIGHTS ENJOYED BY THE EMPLOYEES OF THE ESTABLISHMENT IN WHICH THEY ARE EMPLOYED.
THE RELATIONS BETWEEN SUCH EMPLOYEES AND THE EMPLOYER SHALL BE DIRECT AND WITHOUT ANY INTERFERENCE FROM THE LABOUR AGENT WHOSE TASK AND RELATION WITH THEM SHALL CEASE TO EXIST AS SOON AS THEY ARE INTRODUCED TO AND EMPLOYED BY THE EMPLOYER".

However the agency changed the terms of contract so the AGENCY is not paid by the company other than for the salary (eg not paying for flights, holidays and annual leave). I will check further for a solution on this though to me the employer cheated and the agency obviously signed a contract where it only partly paid for statutory leaves and flights etc. Regards
24th May 2016 From Philippines, San Juan
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