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All You Need to Know About UAE Labour Law

Everything You Need to Know About UAE Labour Law

All You Need to Know About UAE Labour Law

Knowing the fundamentals of UAE employment laws is critical if you are new to working in this nation. Knowing employment regulations might often be all that is required to avoid tricky situations.

Furthermore, you can’t ask for your rights if you don’t know what they are! We’ve put together this simplified guide to assist you comprehend the legal language. It will walk you through your basic rights as an employee in the UAE as established by labour law.

1. What Is the UAE Labour Law?

The UAE Labor Law is a set of laws and regulations that regulate employees’ and employers’ working relationships. Their goal is to make business easier and to protect both parties’ rights and obligations.

In effect, these rules govern salary, vacations, incentives, and working conditions. Furthermore, labor law tries to maintain the efficiency of the labor market, which attracts workers of all levels with the best competences and abilities.

2. What Articles Are Covered by UAE Labor Law?

The UAE Labor Law addresses a wide range of workplace concerns, including:

  • Working times
  • Employee rights
  • Employment agreements
  • Resolving labor conflicts
  • Overtime
  • Leave
  • Public holidays
  • Employee files
  • Workplace injuries and safety standards
  • The minimum wage
  • Service termination and perks at the conclusion of a career.
Work Arrangements in UAE

3. Types of UAE Work Arrangements

The UAE Labor Law recognizes a number of different labor arrangements. Furthermore, in order to keep up with the ever-changing labour market requirements, the state is always trying to enhance and develop these arrangements.

The following employment arrangements are now permitted under UAE labour law:

  • Full-time: In this arrangement, the person works for only one employer.
  • Part-time: The employee is hired by one or more employers in the UAE for a specific number of hours or days specified in the employment contract.
  • Temporary work: In this arrangement, the employee completes a certain job, and the contract expires when the assignment is completed.
  • Flexible working: This option allows the employer to change working hours or days based on company needs.
  • Remote work: In this arrangement, some or all of the work is done away from the workplace.
  • Job sharing: Under such a contract, employees’ tasks and responsibilities are assigned in line with a prior arrangement. The same rules apply to job-sharing arrangements as they do to part-time work.

4. What Conditions Should Be Included in an Employment Contract?

The employment contract should meet the following requirements in order to protect the interests of both the employer and the employee:

  • The contract should only include two copies: one for the employer and one for the employee.
  • The contract allows the employee or their representative to show the amount of earnings and rights to which they are entitled under labour law.
  • The contract is only effective for three years, after which it can be renewed under a new contract.
  • If the contract is renewed, the subsequent time is treated as an extension of the initial working period. As a result, it is added to the employee’s overall service time.

5. What Should Employment Contracts Contain According to UAE Labor Law?

You must ensure that specific information is included in every employment contract before signing it. When every important detail is stated inside the contract, it helps to avoid future disagreements between employees and employers.

According to UAE labour legislation, the following information must be included:

  • Employer’s name
  • Employer’s address
  • Employee’s name
  • Employee’s nationality
  • Date of birth of the employee
  • Proof of identity and qualifications of the employee
  • Joining date
  • Workplace address
  • Working hours
  • Rest days
  • Length of probation period
  • The duration of the trial period
  • Duration of the contract
  • The agreed salary with all increments and allowances
  • Annual leave and its duration
  • Procedure for the termination of employment
Employment Contracts Include Under UAE Labor Law

6. What Is the UAE’s Minimum Wage?

The UAE Labour Law makes no mention of a monthly minimum pay.

7. What is the legal working age in the UAE?

In the UAE, the legal working age is 18. However, people over the age of 15 but under the age of 18 (i.e. Juveniles) are permitted to work under specific restrictions, which we shall discuss below. It is prohibited to recruit anyone under the age of 15.

Furthermore, if you are between the ages of 15 and 18 and want to get work experience through an internship or other means, make sure that the following requirements are met:

  • You must get formal permission from your guardian or custodian.
  • A certificate from a medical organization is required to establish that your health permits you to perform the task at hand.
  • Your daily working hours must be fewer than 6 hours, with a 1-hour break.
    You are not permitted to work between the hours of 7 p.m. and 7 a.m.
  • The task must not be hazardous, physically demanding, or likely to jeopardize your health, safety, or morality.
  • You are not permitted to work overtime, weekends, or government holidays.

8. What Is the UAE Probationary Period?

For newly employed staff, the probation term might be viewed as a trial period. The employee is not considered a permanent employee during the probation phase, although they still have several privileges, as shown below.

The new UAE Labor Law contained the following provisions to govern the probationary period:

  • The probation term should not be more than 6 months from the date of hire.
  • During the probationary term, the worker may not be appointed more than once.
  • If the employee successfully completes the probationary period and continues to work, the contract will go into force according to the conditions agreed upon. Furthermore, the probationary term will be incorporated into the employment duration.

9. What Are the Different Types of Leave in the UAE?

The UAE labour law specifies the many sorts of leaves that employees may take during their employment. We will go over each form of leave and the conditions for each below.

As an employee in the UAE, you are eligible to the following forms of leave. Annual vacation

  • Maternity leave
  • Paternal leave
  • Sick leave
  • Annual leave
  • Bereavement
  • National service leave
  • Study leave
What Are the Types of Leave in the UAE

1. Paid Maternity Leave

The UAE offers comprehensive maternity leave regulations and rules that make life easier for new moms while also protecting both employers and employees from exploitation.

The legislation specifies numerous kinds of paid and unpaid maternity leave, which we shall discuss below:

  • A woman who gives birth is entitled to 60 days of paid leave, split as follows:
    • 45-day pay period
    • 15 days at 50% pay
  • The mother may also extend her maternity leave beyond the initial 60 days for an additional 45 days without compensation.
  • According to UAE labor legislation, an employee who has been pregnant for at least 6 months is entitled to maternity leave benefits, regardless of whether the fetus is born alive or dead.
  • Employers must provide maternity leave upon request, and it begins on the last day of the month preceding the month in which she is due to give birth. A certificate provided by the medical body confirms this date.
  • It should be noted that if the woman works for another company while on maternity leave, the original employer is not required to pay her earnings throughout the maternity break.
  • Furthermore, after returning from maternity leave, the mother is entitled to one or two one-hour nursing breaks.
  • Employers are not permitted to deny mothers additional leave owing to maternity leave.
  • Employee termination for pregnancy or maternity leave is prohibited by UAE labor legislation.

2. Paid Parental Leave

Fathers are entitled to 5 consecutive or separate days after the birth of their kid for a duration of 6 months.

3. Sick Leave

Following the completion of the probationary term, the worker is entitled to 90 separate or continuous days of sick leave under UAE legislation. During these 90 days, you will be paid as follows:

  • The first 15 days are paid in full.
  • the next 30 days at half pay
  • The rest of the time is unpaid.

It should be noted that the worker must submit a medical report to the relevant committee in order for the committee to examine his condition and approve the leave. Workers, on the other hand, are not entitled to sick leave if their condition is the direct result of their wrongdoing.

4. Annual Leave

As a full-time employee, you are eligible to paid yearly leave. As an employee in the UAE, you are entitled to the following yearly leave:

  • Each year of service is worth 30 days.
  • If your service is longer than six months, add two days every month.

Furthermore, if you quit your job before using your annual leave allowance, you might earn leave salary instead. This implies you may be eligible for monetary compensation based on your basic wage.

5. Leave for Bereavement

According to UAE Labor Law, the worker is entitled to bereavement leave if one of their family members dies. The length of leave granted is determined by the degree of kinship:

  • 5 days in the case of the husband’s or wife’s death
  • 3 days if the parent, mother, kid, brother, sister, grandchild, grandpa, or grandmother dies.

6. National Service Leave

The UAE Labor and Workers Law allows workers to take time off to undertake national duty if they present proof.

7. Study Leave

If you have been with your job for more than two years, you are granted 10 days each year to take tests. This only applies if you are enrolled in a state-approved educational institution.

10. What Are the Employment Termination Rules in the UAE?

According to UAE Labour Law, there are various laws that govern redundancy and termination. While leaving a job can be a stressful circumstance, knowing your rights as an employee if your contract is terminated can make a huge difference.

The following are the general employment termination rules:

  • You or your employer may end the contract for any reason. However, any party must tell the other in writing within the contract’s notice term.
  • The notice period must be at least 30 days long and no more than 90 days long.
  • The employment contract remains in effect during the notice period, and you are still entitled to your full wage.
  • If any party fails to comply with the notification time, they must pay the other party. The pay is equivalent to the employee’s salary for the whole notice period or whatever is left of it.
  • If your employer in the UAE terminates your contract, you have the right to be absent for one day per week without pay in order to look for another job.

1. What Are the UAE Labor Laws Regarding Probationary Period Termination?

The UAE Labour Law comprises various rules to safeguard the rights of both employers and employees when an employment contract is terminated:

  • During this time, the employer has the authority to terminate the employee’s service; however, they must inform the employee in writing 14 days before the date of termination.
  • If the employee wishes to change jobs during this time, they must tell the employer at least one month in advance.
  • In the case that the employment contract is canceled without following the aforementioned requirements, either party must pay the worker’s wage for the notice period.

If a foreign employee wishes to leave while on probation, the following rules apply:

  • The foreign worker must tell the employer in writing of their intention to leave employment owing to relocating out of the nation, with a 14-day notice period.
  • If the foreign worker does not provide notice within 14 days, they will be penalized with an employment visa ban and will not be awarded a work permit for a year from the date they leave the country.

2. What Are the Rights of Employees in Cases of Unlawful Termination?

If you are wrongfully terminated, for example, because you filed a formal complaint with the ministry against your employer, you have the right to compensation from your employer.

Furthermore, under UAE legislation, compensation for wrongful termination can be up to three months’ income. The amount of compensation is determined by the type of your employment and the extent of harm you sustained as a result of your service period.

3. When Can an Employer Fire an Employee Without Giving Notice?

Arbitrary termination of employment (firing an employee without fair reason or notice) is now prohibited in the UAE, according to labor legislation. Arbitrary dismissal is permitted under UAE labor legislation only in the following extraordinary circumstances:

  • There is proof that the employee impersonated someone else or fabricated documents.
  • Despite warnings and a number of recorded investigations, the employee continues to fail to complete their job.
  • The employee committed a mistake that resulted in considerable losses for the employer.
  • The employee breached regulations or jeopardized workplace safety.
  • If an employee is inebriated or under the influence of illicit drugs while at work.
  • If a worker assaults an employer while on the job,
  • Employee absenteeism without justification for 20 dispersed days or 7 consecutive days without any genuine explanation.

4. Can an employee resign without giving notice?

Yes, under some circumstances, an employee may resign without cause while keeping their end-of-service rights.

According to UAE Labour Law, the following are the instances where this is applicable.

  • The employer has violated the employment contract by failing to fulfill their contractual commitments.
  • There is evidence that the employee has been abused or harassed by the employer.
  • If there is a considerable danger to a worker’s health or safety at work, the employer must be aware of it and take no efforts to eliminate it.
  • If the employee is requested to perform responsibilities that are not mentioned in the employment contract without the employee’s written authorization.

11. What Are the Rights of an Employee in the Event of Death?

In the tragic event that a worker dies, the UAE labor law still has regulations in place to govern and protect their rights.

The company is required to pay all of the worker’s owed financial earnings, as well as the end-of-service gratuity, to the dead worker’s family.

These must be presented to the worker’s family within 10 days of his or her death.

You now have all of the information you need to fully utilize your rights and advantages as an employee in the UAE!

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AR

AR is a word at heart, despite being a minimalist at heart. He is always looking for new topics to write about.

This Blog is provided solely for educational reasons, including broad information and a general comprehension of its content, including related laws and regulations, and is not intended to give particular legal advice. The Blog is not intended to replace competent advice from a registered expert.

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