United Arab Emirates Labour Law
United Arab Emirates Labour Law
Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, known as the ‘United Arab Emirates Labour law’, governs the labour rights of employees in the private sector. It applies to all employees working in the UAE, whether UAE nationals or expatriates. However, there are certain categories of employees who are exempt from the law and may have to follow another set of regulations. The law became effective on 2 February 2022. It repealed the previous Federal Law No. 8 of 1980.
The new law aims to protect both parties in the employment contract and enables them to obtain their rights in a balanced manner. It covers matters related to working hours, overtime, leaves, vacation and public holidays, employing juveniles, employee records, safety standards, minimum wage, termination of employment, end-of-service gratuity payments, and work injuries amongst others.
The new labour law introduces several work models such as full-time, part-time, temporary and flexible. It abolishes the ‘unlimited’ type of contracts and admitted only limited or fixed-term contracts. It grants new types of leaves and tackles issues related to harassment, bullying, physical violence and psychological abuse against employees. The law prohibits forced labour and discrimination on the basis of gender, race, colour, sex, religion, national or social origin or disability. It also spells out employers’ obligations towards employees.
Scope of the law
The law applies to all employees working in the UAE, whether UAE nationals or expatriates. However, it does not apply to the employees and workers of the federal government and the local government entities, employees of the armed forces, police and security domestic servants. A total of 41 articles are clearly mentioned in the law.
As per Article 9, The Worker shall be under probation for a six-month period as of the date he joins the work. As per Article 10, The monthly wage shall be paid in UAE Dirham within a period not exceeding ten days from its due date. The Ministry may lay down the regulation, it deems more appropriate as to the method to settle and ensure payment of the wage.
As per Article 6, The Employer shall conclude a Contract of Employment with the Worker in accordance with the model approved by the Ministry. The contract shall be drafted in four copies, one of which is to be delivered to the Worker and the second to the Employer and the third to be deposited with the Recruitment Office and the fourth with the Ministry.
As per Article 14, The Worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year, to be obtained consecutively or intermittently if it is proved necessary by a medical report issued by the health authority officially accredited in the State. The sick leave shall be calculated as follows:
✔ The first fifteen days with a comprehensive wage.
✔ The next fifteen days without pay.
As per Article 17, The Employer must inform the Ministry within five days of the worker's absence from work without a legitimate reason. The Worker must inform the Ministry within 48 hours of leaving the job without the Employer's knowledge. As per Article 25, In all cases of termination of the employment relationship, the Employer shall not be liable for the expenses of returning the Worker to his country if the Worker joins another work, as specified in the Implementing Regulations of the Law.
Any condition provided for in a contract or agreement that is in violation of the provisions of this Law shall be null and void. The more severe penalty will be imposed on a person who violates any of the provisions of Articles (3/1, 2, 3 and 4) of this Law with not less than fifty thousand Dirhams and not exceeding one hundred thousand Dirhams. The penalty shall be doubled in case of repetition of the commission of such action within one year from the date of sentence. The Recruitment Office, which violates any of the provisions of Article (4) of this Law shall be punished by the same penalty stipulated in clause (1) of this Article 30.
