Legally, your company has no right to hold your passport, and retaining employee passport is against uae labour law. While the uae labour law does not differentiate between fasting and nonfasting employees, the regulations are different within dubais financial free zone. Article 10 in the event of nonavailability of national workers, preference shall be given to. Azhari legal consultancy is widely experienced in structuring and drafting labour agreements for locals and expatriates. Uae workers seek clarification of new labour laws the. Uae company cannot contract around labour law the national. There appears to be a potential conflict with the uae labour law if parties agree compensation over and above 45 days wages. Currently under article 116 of the uae labour law, where an employee terminates a fixedterm contract prior to the end of the fixed term, the compensation payable is a maximum of 45 days wages. If the employer fails to abide by obligations under article. Labour regulations in the uae are governed by the uae labour law federal law no. Non nationals may not engage in any work within the state except in accordance with the conditions stipulated in this law and its executive orders. For companies operating in the uae including within the dmcc free zone, the issue is particularly complex in light of the uae labour law no 8 of the year 1980 not setting out any express statutory definition of redundancy or a redundancy procedure redundancy. Uae labour law article 1a1 added by federal law no.
I get lot of enquiries with regard to both uae labour law and difc employment laws. Article 65 of uae labour law states that the ordinary workhours for an adult worker is eight hours per day, i. Broadly similar to the old ccl in terms of structure. Revised uae labour law,new uae labour law 2015 revised. Employee rights under uae labour law article 102 the disciplinary rules that may be inflicted by the employer or the representative thereof shall be. The decision also allows employers and employees recourse to courts to seek compensation and any other rights provided for under the uae labour law and implementing regulations. Employer shall undertake to submit a bank guarantee to the competent labour department. Whereas the market and dynamics have changed, uae labour law has more or less remained same. New uae labour law rules for 2016 ministerial decrees. This page will be continuously updated to communicate any new advancements to the uae labor law. The time during which the employee would be available for the service of the employer but it does include rest periods. Others may not by employed in the united arab emirates except as provided for in this law and its executive orders. Ministry of labour mol approval shall only be granted once the worker has signed a formal offer.
All information related to employee entitlements, employment contracts and disciplinary rules are preserved by the uae labour law. Work is a right of the united arab emirates nationals. Welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. Minister of labour saqr gobash saeed gobash has told federal national council that a new and revised uae labour law has been drafted. Redundancy is a sensitive and challenging topic in any jurisdiction. United arab emirates, dubai views 28801 replies 52 validations 1. Search for labour law uae pdf download in our website welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. Of 1980 is the legislation that governs uae labour law.
Although i am very much familiar with the uae labour laws, i did not make any effort to learn difc laws of employment. Title two employment of workers and youth and women labour title three employment contracts, records and wages title four working hours and leaves title five safety, protection health and social care of workers title six disciplinary rules title seven termination of employment contract and end of service gratuity. The type, amount, procedures and companies and establishments subject to this condition, as well as other relevant provisions shall be defined by a cabinet resolution. By year, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 20, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005. The uae commercial companies law in focus the new uae commercial companies law 2015 the ccl has now been in force for some 9 months. You can find information pertaining to united arab emirates labor law both in the. Anyone of both parties may terminate the employment contract under unlimited term with a 30 days notice period. Ministerial decree 764 of 2015 minister of labours decree 765 of 2015. The new uae labour law has been in effect since january 2016. Offer letters and contracts ministerial decree 764 of 2015 takes effect before a worker is even admitted into the uae for the purpose of employment. The minister added that the law reflects the uaes commitment to uphold the rule of law and harmonise national legislation with international standards pertaining to labour issues. Changes to employment conditions in the uae october 2015.
An unlimited contract has only a start date without any end date. An employer may terminate the services of an employee after the period of sick leave if the employee is unable to resume hisher work after such period. Global expatriate tax guide grant thornton international. In the uae, the agency in charge of labour rights and relations in the private sector is the ministry of human resources and emiratisation mohre, which was previously called the ministry of labour. Instructions for form 2555 internal revenue service. Here you can find information pertaining to the united arab emirates labor law both in the private sector and public sector as promulgated by the ministry of labour. Employment laws and regulations in the private sector. Get to know more about the labour law in dubai at askexplorer.
Labour law, but rather codify the way in which it is applied in practice by the courts. Welcome to the united arab emirates labor law website. Saudi arabia labour law latest information for saudi arabia on. The uae intends to enforce a new labour law at the start of 2016 to better regulate the relationship between employers and workers and curb violations to ensure both parties will get their rights. The ministry of labourthe ministry gifted employees of the country with a renewed interest in uaes employment market as well. The labour law handles matters related to working hours, vacation and public holidays, sick leave, employing juveniles, maternity leave, employee records, safety standards, termination of employment and end of service. Free zones in the uae some or all, check are not covered by uae labour law unless both employee and employer agree that it applies ref. In this context we attach importance to the fact that in particular. The ministry enforced three new decrees collectively, the new law that is set to provide the employees with a more secure work environment in combat to safeguard their interests.
During the month of ramadan, employees in the uae are entitled to work reduced office hours, with an average two hours reduced from the daily job schedule, but there may be exceptions. Uae workers seek clarification of new labour laws workers say they are stuck in lowend, lowpaid jobs that they are overqualified for and are awaiting laws that will allow them to find more. While the contract may state that employees must reimburse the company for costs, this is contrary to government instructions and a company cannot contract around uae law in such a way that is. The uae labour law has remained more or less at its original form since its inception in the year 1986.
Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. Uae labour law defined key terms in uae labour law. Employment of workers children and women section i. Federal law no 8, for 1980, on regulation of labour relations.
Main points of new uae labour law anjula 20170411t05. This was pointed out by one of my readers anuj alex there are many jobs which often require an employee to work overtime whether an employee is entitled to overtime or not. The laws in uae do not entitle the employer to keep the employees passport for whatsoever reason, and the passport shall not be submitted to anyone unless upon. Bellow are the result found in our site related to article 88 uae labor law, we hope that the result will help you. They follow the new uae labour law, which has been in effect since january 2016. The uae ministry of labour the ministry has issued a new set of rules promulgated through new ministerial decrees.
Get this publication free you may also be interested in. Top dubai property lawyers, law firms in dubai proconsult. Employment law of difc download pdf employment law of difc download pdf. Work in medical and other services as may be decided by the minister of labour and social affairs if the working woman does not normally carry out a manual. Also, the law states that you are entitled to a paid rest day after working a maximum of six consecutive days. Any dispute between the employer and the employee if connected with the recruitment of the employee or the terms of his service or conditions of his work. United arab emirates law to protect migrant workers fails to cover domestics. Terminating employment contracts the official portal of. As far as weekends are concerned, be aware that your employer cannot make you work for more than two weekends. The uae labour law has set the number of working hours per week at 48 hours, and employers who compel workers to exceed this limit without paying them are violating labour rules. Working hours in uae is governed by uae labour law. All of the three decrees were issued on 27 september 2015 and will become effective on 1 january 2016. We, zayed bin sultan al nahyan, president of the united arab emirates after having reference. The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of the employment.
Labour matters in the uae are governed by federal law no. What is an unlimited contract in the uae labour laws. Given the huge number of expatriates employed in the uae, it is significant to know some of the key terms contained in the uae labour law and in many employment contracts and this article aims to outline some of these. There are special labour related regulations applicable in some of the free zones in the uae, such as the jebel ali free zone. Overtime is calculated on the basis of gross salary. United arab emirates october 26 2015 the ministry of labour mol has recently issued three ministerial decrees in an effort to improve current employment conditions in the uae labour market. Winner of the acq5 global awards 20, 2014 and 2015 uae arbitration law firm of the year labour law. According to the uae labor law, if you are willing to work extra hours, you should not go over two hours of overtime per day.
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