Employment Law Questions? Ask an Employment Lawyer.
Good morning, David, my name is XXXXX XXXXX I will be glad to assist you, but need a bit more information, if you do not mind,
You stated that your employer, DynCorp DIFZ, is based in and operates out of Dubai,
Is this an American company ?
What does "TCN" and "DIFZ" stand for ?
Thank you and I look forward to your reply,
TCN (Third Country National) basicly any outher national other then US and the HCN / Host country nation ie Afghanistan.
DIFZ means DynCorp FreeZone
The company has branched off from DynCorp DI which is an American company.
Now all of our (DIFZ employees) deposits are from another smaller subsidary of DIFZ know as Global International which is also a UAE / Dubai company.
.Now this is what I just recieved from my Employee Relations manager just 5 minutes ago......
" With regards XXXXX XXXXX question regarding Labor Law, please note the below excerpt from the FSA:
20. Governing Law
“This Agreement shall be governed by and interpreted under the laws of the Dubai Media City in the Dubai Technology, Electronic Commerce and Media City Free Zone. Any cause of action against Employer must be brought in the UAE.”
23. Contracting Parties
“The Employee is a citizen of the United States of America (“home country”). Employer is a Dubai Media City Free Zone Limited Liability Company. The Employee recognizes that this Contract is between Employee and a Dubai Media City Free Zone Limited Liability Company….”
What rights rights do I have then if this is under UAE working in Afghanistan?
I hope this clears up these questions you addressed. If I can be of further assistance, please don’t hesitate to contact me.
Thank you for your reply, David,
1. Is the "Agreement" to which HR refers a written Employment Agreement between you and the employer ?
2. If you do, in fact, have a written Employment Agreement, is it with DynCorp DI, the American Company ?
3. What is the "FSA" to which HR is referring ?
4. Am I correct in stating that your question is, "If you are subject to the laws of Dubai, shouldn't you also have the same holidays off as the Afghan employees ?
1. Is the "Agreement" to which HR refers a written Employment Agreement between you and the employer ? Yes
2. If you do, in fact, have a written Employment Agreement, is it with DynCorp DI, the American Company ? It is not with DynCorp DI (the American company, it is with DIFZ the DynCorp based out of Dubai.
3. What is the "FSA" to which HR is referring ? The FSA is the Contract (Foriegn Service Agreement).
4. Am I correct in stating that your question is, "If you are subject to the laws of Dubai, shouldn't you also have the same holidays off as the Afghan employees ? Yes, either the Afghan or the UAE Yes, either the Afghan or the UAE particularly.
Thank you for your replies, David, and I apologize for the questions, but I needed the information in order to give you a more accurate Answer. So, thank you for your kind patience,
I have some reservation which I will explain below, but initially it appears that you should have the same days off as the Afghan employees have and the basis of my opinion are the following:
1. You have a written employment agreement with your employer;
2. Your HR department quoted you a section from your Employment Agreement/Foreign Service Agreement which states that,
"This Agreement shall be governed by and interpreted under the laws of the Dubai Media City in the Dubai Technology, Electronic Commerce and Media City Free Zone. Any cause of action against Employer must be brought in the UAE."
This means that the Agreement is governed by the laws of Dubai and that any lawsuit you wish to file against the employer must be filed in the UAE
My reservations are based on the fact that your employer is a Dubai Media City Free Zone Limited Liability Company. A company can be formed in a Dubai Media Free Zone company and will be considered a Dubai company. However, a company can be formed outside of Dubai or the UAE (US company) and register to do business in a "Free Zone" city in order to benefit from the tax advantages offered by a Free Zone city.
You stated that your company "branched off" from DynCorp DI, the American company. "Branching off" and registering in a "Free Zone" City does not necessarily make the company a Dubai company. It simply makes them eligible to receive the tax advantages of a Free Zone City. So, the good aspect of remaining an American Company is that the US Labor laws would apply and you could file a formal Complaint with the Equal Employment Opportunity Commission ("EEOC") for discrimination based on religion - In other words, you did not receive the same days off as the Afghan employees because you practice a different religion. If you practiced the same religion as the Afghan employees, you would have had the same days off as the Afghan employees have. Filing a formal Complaint with the EEOC is not a lawsuit and, therefore, it would not have to be filed in the UAE which does not have the equivalent of an EEOC Office.
If it were determined that your employer is a Dubai company, it would not benefit you because to the best of my knowledge, none of the members of the UAE have discrimination laws
So, you would have to find out if the company is, in fact, a Dubai company or an American company which simply registered in a Dubai Free Zone City for its tax benefits,
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