I worked for my company for five years as a direct employee. In the sixth year, the company hired me through an agency.
Understanding Article 18
Under Article 18, paragraph 2: “The persons supplied by a recruitment agent or a labor 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 labor agent, whose task and relation with them shall cease to exist as soon as they are introduced to and employed by the employer.”
Payment, however, is through the Agency. 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 stated that the terms of the contract through them (as confirmed by the employer) remain the same. Hence, the omitted payments are covered in the contract.
Legal Implications of Payment Exclusions
I believe, despite resistance from the company, it is very clear per Article 18 that my dealings are with them. I believe that the company excluding terms when paying via an agent is just as illegal as 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?
Regards
From Philippines, San Juan
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Understanding Article 18
Under Article 18, paragraph 2: “The persons supplied by a recruitment agent or a labor 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 labor agent, whose task and relation with them shall cease to exist as soon as they are introduced to and employed by the employer.”
Payment, however, is through the Agency. 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 stated that the terms of the contract through them (as confirmed by the employer) remain the same. Hence, the omitted payments are covered in the contract.
Legal Implications of Payment Exclusions
I believe, despite resistance from the company, it is very clear per Article 18 that my dealings are with them. I believe that the company excluding terms when paying via an agent is just as illegal as 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?
Regards
From Philippines, San Juan
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Understanding Your Rights as an Agency Worker
Since I don't know your designation and category, I can only provide a general solution to the problem:
1. If the agency is a contractor bound by the Indian Contract Labour and Abolition rules, and you are a worker, there are provisions for earned leave and other facilities similar to direct employees on the employer's payroll. If the contractor is not adhering to these guidelines, you can approach the labor office to assert your rights.
2. In the scenario where the agency provides specialized services and you are not a worker but engaged through the agency, both the employer and the agency are bound by the agreement act, and the clauses finalized in the agreement will be applicable to all personnel working through the agency. In this case, you are not in a position to directly engage with the employer.
From India, Chandigarh
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16Since I don't know your designation and category, I can only provide a general solution to the problem:
1. If the agency is a contractor bound by the Indian Contract Labour and Abolition rules, and you are a worker, there are provisions for earned leave and other facilities similar to direct employees on the employer's payroll. If the contractor is not adhering to these guidelines, you can approach the labor office to assert your rights.
2. In the scenario where the agency provides specialized services and you are not a worker but engaged through the agency, both the employer and the agency are bound by the agreement act, and the clauses finalized in the agreement will be applicable to all personnel working through the agency. In this case, you are not in a position to directly engage with the employer.
From India, Chandigarh
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Understanding UAE Labour Law and Agency Employment
I was under the impression that this site deals with UAE Labour Law, as it came up while I was quickly Googling. Article 18 of the 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 relationship 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 the contract, so the agency is not paid by the company other than for the salary (e.g., 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
From Philippines, San Juan
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I was under the impression that this site deals with UAE Labour Law, as it came up while I was quickly Googling. Article 18 of the 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 relationship 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 the contract, so the agency is not paid by the company other than for the salary (e.g., 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
From Philippines, San Juan
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