The UAE Labor Law

The UAE Labor Law

The United Arab Emirates, one of the most attractive countries for labor competencies from all over the world, ranks first in the field of benefiting from talents and expertise. The UAE always seeks to develop scientific, architectural, technical and medical techniques and methods that are codified and regulated by the UAE Labor Law.

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The first phase of the UAE labor law:

Ministry of Human Resources and Emiratization is the authority responsible for regulating labor relations for the private sector. The first labor law in the United Arab Emirates was established in 1980, and it was amended by Federal Law No. (24) Of 1981, Federal Law No. (15) Of 1985, and Federal Law (12) of 1986, The UAE Labor Law contains 193 articles. Which in turn works to regulate and legalize transactions between the employer and the employee in all its aspects of employee rights, work contracts, settlement of labor disputes, disciplinary rules, etc.

But we must note that the UAE Labor Law does not apply to the following categories:

workers of the federal government, government departments and municipalities in the emirates that are members of the state, workers working in public bodies and federal and local public institutions, members of the armed forces, police and security, servants of private homes and the like, Workers in agriculture or pastures, with the exception of workers who are permanently employed in agricultural enterprises or repair machinery necessary for farming.

Here are the most important things you should know about the content of the UAE Labor Law:

* The UAE Labor Law includes in its first article the definition of the employer – the worker – the facility – the work contract – work – agricultural work – temporary work – continuous service – wages – basic wages – work injury – and the labor department.

For example but not limited to:

The worker: is every male or female who works for a wage of whatever kind in the service of the employer and under his management or supervision, even if it is out of his sight. This meaning includes employees and employees who work in the service of the employer and are subject to the provisions of this law.

Employment contract: It is every agreement for a fixed or unlimited period concluded between the employer and the worker in which the latter undertakes to work in the service of the employer and under his management or supervision in return for a wage pledged by the employer.

Wage: It is everything that is given to the worker in return for his work under the employment contract, whether it is cash or in kind, which is paid annually, monthly, weekly, daily, on an hourly or piece-by-piece basis, or according to production or in the form of commissions. The wage includes the cost of living allowance and other forms of wages.

*Priority at work for the Emirati citizen; In the case of non-availability of national workers, priority is given to Arab workers, then to other nationalities, and they may not be employed except after the approval of the Labor Department and obtaining a work permit in accordance with the procedures and rules set by the Ministry of Labor and Social Affairs.

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Conditions for obtaining a license:

That the worker has the professional competence or the educational qualifications that the country needs

The worker must have entered the country legally and fulfilled the conditions stipulated in the residency regulations in force in the country.

* The Arabic language is the language of use for all records, contracts, files, data, etc., and case that the employer uses a foreign language besides the Arabic language, the Arabic text is considered the approved text.

Juveniles under the age of fifteen shall not be employed or assigned them to perform work that threatens their lives or harms their health.

You can view the articles of the UAE Labor Law in detail through the following link

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The second phase of the UAE labor law:

As an effective step in the prosperity of the future of the UAE and its history, the Emirates began – thanks to His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, to issue a decree Federal Law No. 33 of 2021 in the form of fundamental amendments to the articles of the UAE Labor Law; regarding the regulation of labor relations in the private sector; It is the most appropriate adjustment to the requirements of the labor market and the most careful and accurate in organizing labor relations in all its aspects, which would attract the competencies and workers skills at the highest levels locally and globally by expanding gainful employment and skills training ; In order to keep pace with the next fifty-year phase in the UAE, where its provisions – which fall into seventy-four articles – are effective as of February 2, 2022 and its provisions are in 74 articles. Accordingly, Federal Law No. 8 of 1980 regulating labor relations shall expire as of the effective date of this Decree-Law.

THE UAE LABOR LAW

Most notable UAE Labor Law Amendments:

The most important amendments to the UAE Labor Law are described below:

Focus on the part-time system:

Frameworks regulating part-time work in the UAE Labor Law before 2021:

The application of this type of work system began in the UAE in 2018; since the Ministry of Human Resources and Emiratisation began to adopt this system by attracting workers from inside and outside the country, especially jobs that require technical and administrative skills, provided that a university qualification is obtained as a minimum, and technical professions are provided that an intermediate institute qualification is from two to three years after high school.

Under the new UAE labor law, a worker, whether a citizen or a non-national, can work in more than one company at the same time without the approval of the original employer, or any other employer partially employed by him, but he only has to obtain a temporary work permit from the Ministry (MoHRE), provided that The working hours are less than the usual hours (eight hours per day), and he can also convert the contract from a part-time contract to a regular one after the end of the part-time contract, and then conclude a new work contract with a new condition acceptable to both parties to the work, with the need to know Both parties have rights and duties.

https://www.mohre.gov.ae/handlers/download.ashx?YXNzZXQ9MjI3MA%3d%3d

A look at the amendments to the UAE Labor Law for the year 2021-2022

Create easier and more flexible work patterns

The new amendment in the UAE Labor Law aims to enhance the flexibility and ease of work through the system of “part-time work”, “temporary work” or “flexible work”, in response to the need of employers to benefit from labor and production capacity at the lowest operational costs, such as re-employment of workers whose contracts have expired They are present in the country by facilitating the procedures for their employment and making them more flexible.

Wage in the new UAE Labor Law:

The new law gives companies the right to pay salary in UAE dirhams or another currency; According to the terms of the employment contract between the two parties

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Contracts in the new UAE Labor Law:

Contracts have become limited to (fixed-term contract) only – unlike most current labor contracts – for a period not exceeding three years. It is renewable or extended for a similar period one or more times. As for the current contracts of indefinite duration, concluded in accordance with Federal Law No. (8) Of 1980, they will be converted into fixed-term employment contracts within a year from the date of its entry into force, and the Council of Ministers may extend this period for other periods as required by the public interest. These contracts will be subject to provisions the new decree.

The amendments of the new UAE Labor Law paid attention to the employee rights:

 

Work within the specified times only.

Commitment to good behavior and morals.

Keeping business secrets.

Not working for another employer

Evacuate the labor housing within one month from the end of the work contract.

To develop his vocational and business skills.

Work for any other facility or for another employer after the expiry of the concluded work contract

Obtaining his financial receivables on the specified dates, according to the regulations approved in the Ministry and the conditions, and according to the controls and procedures specified by the Executive Regulations of this Decree-Law.

Have a day off or more at the discretion of the employer, and it is a paid vacation.

Up to five days of mourning leave depending on the degree of kinship of the deceased.

Five days paid parental childcare leave.

 

The amendments of the new UAE Labor Law paid attention to the employee rights:

Work for any other facility or for another employer after the expiry of the concluded work contract

Obtaining his financial receivables on the specified dates, according to the regulations approved in the Ministry and the conditions, and according to the controls and procedures specified by the Executive Regulations of this Decree-Law.

Have a day off or more at the discretion of the employer, and it is a paid vacation.

Up to five days of mourning leave depending on the degree of kinship of the deceased.

Five days paid parental childcare leave.

Amendments to the UAE Labor Law pertaining to the employer duties:

Providing adequate housing,

Providing protection.

Motivate and encourage staff to develop skills and competencies and provide opportunities for career advancement.

 

The employer shall not retain the official documents of the worker or force him to leave the country after the termination of the work contract.

The employer has no right to threaten or force the worker to perform any work or provide any service against his will.

The employer may demand the worker not to compete in the same sector or to participate in a competing project; especially if the worker keeps business secrets or knows the employer’s clients.

UAE Labor Law and Discrimination:

Women and Labor Law Amendments:

Woman and men are equal in all transactions and shall receive the same wage as the man if she performs the same work as the man or another work of equal value which will be determined later by a decision of the Council of Ministers.

UAE Labor Law and the ethnic discrimination:

To maintain business continuity, to ensure that workers enjoy their rights, and to create an environment that is highly motivated and rewarding , the legal amendment prohibited discrimination based on race, color, gender, religion, ethnicity, national and social origin or because of interpersonal disability.

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