The United Arab Emirates, with all its emirates, attracts both ordinary workers and holders of higher academic degrees, as well as investors from all over the world, due to the availability of an economic environment that encourages growth and development, and the facilities provided by UAE laws for traders and investors. In recent years, labor laws in the UAE have witnessed updates aimed at better protecting workers’ rights, ensuring a safe work environment, and fostering a clear and friendly working relationship between the employee and the employer.
Among the most important updates is Federal Law No. 33 of 2021 and its amendments, which came into effect in 2020. This law regulates labor relations to develop a comprehensive system that ensures the rights of both employees and employers in the private sector.
FHS Solutions legal and consulting experts present to you the highlights of these legislative amendments and their direct impact on the work environment in UAE companies and the protection of employees in the UAE.
The latest updates on labor and employment law in the UAE and their objectives.
The amendments to federal laws in the UAE are being studied meticulously, and the new amendments to the laws carry a comprehensive economic and social vision.
The amendments to labor and employment laws in the UAE aim to:
Developing labor market mechanisms: Creating a flexible environment that enhances the ease of business growth and workforce productivity.
Balance and protection of rights:Labor laws ensure the obligations and rights of both parties in the contractual relationship, namely the worker and the employer, in a fair and sustainable manner.
Commitment to international standards:Through adherence to the international labor agreements and commitments ratified by the United Arab Emirates.
Investing in talents: Encouraging skilled and talented individuals from all over the world to work in the UAE and providing them with an inspiring and stable work environment.
Termination of service and dismissal of the employee during the probation period
Perhaps one of the most important matters that occupies any employee’s mind is termination of service. This question is frequently directed to labor law and corporate law experts at the FHS office in Abu Dhabi, and the inquiries revolve around the regulations for dealing with employees during the probationary or trial period.
The UAE legislator has made sure to establish clear laws to ensure that no party is harmed:
Preliminary paper notice:
If the employer wishes to terminate the employee’s services during the probation period, which according to UAE labor law is six months, they must provide a written notice at least 14 days before the specified termination date.
Conditions for leaving the country:
The employee is not entitled to leave the country during the probation period (six months from the start date of employment) without giving prior notice to the employer.
The legal consequences of sudden departure:
If the worker leaves the country without a written notice of 14 days, they will face the following penalties:
Deprivation of obtaining a new work visa for a full year.
Mandatory payment of a fine and financial compensation equivalent to the wages for the remaining working days of the legal notice period.
Amendments to the Labor and Workers Law regarding:
Official holidays and bereavement leave
Emirati law is concerned with the family, family cohesion, and the strong continuation of family relationships. Therefore, the amendments to the labor and workers’ law have ensured the provision of social and psychological protection for private sector workers through several important updates, such as the introduction of an advanced leave system.
Mourning leave (in cases of relatives’ deaths)
The employee is entitled to a paid leave of 3 to 5 days for mourning upon the death of a family member, and the duration is precisely determined according to the degree of kinship between the employee and the deceased.
Paternity leave
The UAE law, which aims to protect the workforce in the UAE, not only respects the mother’s right to maternity but also the father’s right to paternity. The law grants private sector employees a paternity leave of 5 working days after the birth of their child, which enhances family cohesion.
Weekly break
The amendments confirmed that employees are entitled to at least one paid day off per week, with establishments given the discretionary authority to increase weekly rest days in accordance with the nature of their work.
A safe work environment: Prohibition of discrimination, harassment, and bullying
Laws prohibiting all forms of discrimination, racism, harassment, and bullying are classified as the strictest laws in the UAE. The law includes 74 provisions that ensure the protection of human and professional dignity within the workplace:
Prohibition of coercion and forced labor:
The employer is prohibited from using any means of pressure or threat to force the worker to perform a job or service against their will.
Combating harassment and bullying:
The law strictly and categorically prohibits any form of sexual harassment, bullying, or verbal, physical, and psychological violence against employees by employers, supervisors, or colleagues.
Prohibition of discrimination and achieving equality:
Discrimination between employees based on race, color, gender, religion, national and social origin, or due to disability is prohibited. (Note: The measures taken by the state to promote the participation of citizens in the labor market, known as “localization,” are not considered discrimination).
Equal pay:
All provisions regulating work apply to women without discrimination, with an emphasis on granting women the same wage as men when performing the same work or another work of equal value.
Important updates regarding contracts and official documents
The new amendments mandated radical changes in the structure of contracts and mutual obligations:
Cancellation of indefinite contracts:
Previously, employment contracts in the UAE were of two types: limited duration and unlimited duration. And after the recent legal updates, the law adopted only one type of contract, which is the fixed-term contract not exceeding 3 years, and it can be extended or renewed for similar or shorter periods by mutual agreement of the parties. The updates to the law required all companies to convert all old indefinite-term contracts into fixed-term contracts within the specified deadlines.
Prohibition of seizing official documents:
In no way is any employer or company allowed to retain the official documents of the worker: their identity card, passport, papers, etc. … etc. under the threat of legal accountability in case of violation.
Covering the recruitment costs:
The employer is legally obligated to bear all fees and costs related to the recruitment and employment of the worker, and these cannot be collected from the worker in any way, whether directly or indirectly.
Freedom of job mobility:
When the employment relationship between the employee and the employer ends, the employer is not allowed to force the employee to leave the country immediately after the end of the employment relationship. Instead, the law allows the employee to smoothly transition to another establishment to utilize their skills in the local market.
Employer obligations and facilitating litigation
Employers are obligated to establish clear regulatory guidelines that govern labor relations, rights, and duties within establishments, in addition to providing suitable housing and ensuring means of protection, prevention, and occupational safety.
The law also requires the employer to train workers, develop their skills, and ensure their awareness of their labor rights and duties. In support of justice and in appreciation of the worker’s economic circumstances, the decree-law stipulates the exemption of labor lawsuits from all judicial fees at all stages of litigation and enforcement, for claims filed by workers or their heirs that do not exceed 100,000 (one hundred thousand) UAE Dirhams.
Get the best labor and employment dispute services in the UAE, Abu Dhabi with the experts at FHS Solutions Office.
If you are an employee in the UAE, it doesn’t matter if you have been wronged at work or if you have filed a labor complaint or not…
But you need to understand the labor law in the UAE and its updates to avoid falling into any legal issues, prevent legal disputes, and ensure the stability of companies and the rights of individuals.
FHS Law Firm and Legal Consultancy in Abu Dhabi includes a selection of the most skilled lawyers and legal advisors from various nationalities and backgrounds.
We offer a comprehensive package of legal services that includes drafting employment contracts, corporate contracts, and amending them in accordance with the latest regulations, providing preventive consultations for companies, in addition to representing you in all types of disputes and labor cases before the competent courts.
To ensure that your contracts and transactions comply with the new legal amendments.
Don’t hesitate to contact our specialized team today for professional legal advice.
Frequently Asked Questions about Employee Rights and Recent Updates to Labor and Employment Law in the UAE
Q: What is the penalty for leaving the country without notification during the probation period in the UAE?
A: According to the labor regulations in the UAE, a private sector employee under the probation period is prohibited from leaving the country without prior written notice (14 days in advance). In case of violation, the worker will be deprived of obtaining a new work visa for a full year and will be required to pay a fine and financial compensation equivalent to the wages for the remaining days of the legal notice period.
Q: Is the employer allowed to confiscate the worker’s passport or ID in the UAE?
A: No, no company or employer has the right to retain or hold onto international identity cards, passports, or official documents belonging to workers according to the official labor and employment regulations. This step is part of the essential framework for protecting workers in the UAE and ensuring their personal and legal freedom.
Q: Who bears the costs of recruitment and employment fees in the UAE private sector?
A: According to UAE law, the employer pays the costs and fees of recruitment and employment without taking any of them from the worker.
The law prohibits collecting these amounts from the worker in any way, whether directly or indirectly, in order to enhance the integrity of employment and ensure workers’ rights in the UAE.
Q: What is the duration of bereavement leave and paternity leave under UAE labor law?
A: An employee in the private sector is entitled to a paid bereavement leave ranging from 3 to 5 days, depending on the degree of kinship to the deceased. As for paternity leave, the employee is entitled to 5 continuous or separate working days following the birth of their child, which is one of the most important developments supporting employee rights and family stability.
Q: Are workers exempt from court fees when filing a labor lawsuit in the UAE?
A: Yes, in order to facilitate access to justice and protect the workforce in the UAE, labor lawsuits have been exempted from court fees at all stages of litigation and execution for claims filed by workers or their heirs, provided that their value does not exceed (100,000) one hundred thousand UAE dirhams.
Enhancing Employee Rights: UAE Labor Law Amendments for Greater Protection
The United Arab Emirates, with all its emirates, attracts both ordinary workers and holders of higher academic degrees, as well as investors from all over the world, due to the availability of an economic environment that encourages growth and development, and the facilities provided by UAE laws for traders and investors. In recent years, labor laws in the UAE have witnessed updates aimed at better protecting workers’ rights, ensuring a safe work environment, and fostering a clear and friendly working relationship between the employee and the employer.
Among the most important updates is Federal Law No. 33 of 2021 and its amendments, which came into effect in 2020. This law regulates labor relations to develop a comprehensive system that ensures the rights of both employees and employers in the private sector.
FHS Solutions legal and consulting experts present to you the highlights of these legislative amendments and their direct impact on the work environment in UAE companies and the protection of employees in the UAE.
The latest updates on labor and employment law in the UAE and their objectives.
The amendments to federal laws in the UAE are being studied meticulously, and the new amendments to the laws carry a comprehensive economic and social vision.
The amendments to labor and employment laws in the UAE aim to:
Termination of service and dismissal of the employee during the probation period
Perhaps one of the most important matters that occupies any employee’s mind is termination of service. This question is frequently directed to labor law and corporate law experts at the FHS office in Abu Dhabi, and the inquiries revolve around the regulations for dealing with employees during the probationary or trial period.
The UAE legislator has made sure to establish clear laws to ensure that no party is harmed:
Preliminary paper notice:
If the employer wishes to terminate the employee’s services during the probation period, which according to UAE labor law is six months, they must provide a written notice at least 14 days before the specified termination date.
Conditions for leaving the country:
The employee is not entitled to leave the country during the probation period (six months from the start date of employment) without giving prior notice to the employer.
The legal consequences of sudden departure:
If the worker leaves the country without a written notice of 14 days, they will face the following penalties:
Amendments to the Labor and Workers Law regarding:
Official holidays and bereavement leave
Emirati law is concerned with the family, family cohesion, and the strong continuation of family relationships. Therefore, the amendments to the labor and workers’ law have ensured the provision of social and psychological protection for private sector workers through several important updates, such as the introduction of an advanced leave system.
Mourning leave (in cases of relatives’ deaths)
The employee is entitled to a paid leave of 3 to 5 days for mourning upon the death of a family member, and the duration is precisely determined according to the degree of kinship between the employee and the deceased.
Paternity leave
The UAE law, which aims to protect the workforce in the UAE, not only respects the mother’s right to maternity but also the father’s right to paternity. The law grants private sector employees a paternity leave of 5 working days after the birth of their child, which enhances family cohesion.
Weekly break
The amendments confirmed that employees are entitled to at least one paid day off per week, with establishments given the discretionary authority to increase weekly rest days in accordance with the nature of their work.
A safe work environment: Prohibition of discrimination, harassment, and bullying
Laws prohibiting all forms of discrimination, racism, harassment, and bullying are classified as the strictest laws in the UAE. The law includes 74 provisions that ensure the protection of human and professional dignity within the workplace:
Prohibition of coercion and forced labor:
The employer is prohibited from using any means of pressure or threat to force the worker to perform a job or service against their will.
Combating harassment and bullying:
The law strictly and categorically prohibits any form of sexual harassment, bullying, or verbal, physical, and psychological violence against employees by employers, supervisors, or colleagues.
Prohibition of discrimination and achieving equality:
Discrimination between employees based on race, color, gender, religion, national and social origin, or due to disability is prohibited. (Note: The measures taken by the state to promote the participation of citizens in the labor market, known as “localization,” are not considered discrimination).
Equal pay:
All provisions regulating work apply to women without discrimination, with an emphasis on granting women the same wage as men when performing the same work or another work of equal value.
Important updates regarding contracts and official documents
The new amendments mandated radical changes in the structure of contracts and mutual obligations:
Cancellation of indefinite contracts:
Previously, employment contracts in the UAE were of two types: limited duration and unlimited duration. And after the recent legal updates, the law adopted only one type of contract, which is the fixed-term contract not exceeding 3 years, and it can be extended or renewed for similar or shorter periods by mutual agreement of the parties. The updates to the law required all companies to convert all old indefinite-term contracts into fixed-term contracts within the specified deadlines.
Prohibition of seizing official documents:
In no way is any employer or company allowed to retain the official documents of the worker: their identity card, passport, papers, etc. … etc. under the threat of legal accountability in case of violation.
Covering the recruitment costs:
The employer is legally obligated to bear all fees and costs related to the recruitment and employment of the worker, and these cannot be collected from the worker in any way, whether directly or indirectly.
Freedom of job mobility:
When the employment relationship between the employee and the employer ends, the employer is not allowed to force the employee to leave the country immediately after the end of the employment relationship. Instead, the law allows the employee to smoothly transition to another establishment to utilize their skills in the local market.
Employer obligations and facilitating litigation
Employers are obligated to establish clear regulatory guidelines that govern labor relations, rights, and duties within establishments, in addition to providing suitable housing and ensuring means of protection, prevention, and occupational safety.
The law also requires the employer to train workers, develop their skills, and ensure their awareness of their labor rights and duties. In support of justice and in appreciation of the worker’s economic circumstances, the decree-law stipulates the exemption of labor lawsuits from all judicial fees at all stages of litigation and enforcement, for claims filed by workers or their heirs that do not exceed 100,000 (one hundred thousand) UAE Dirhams.
Get the best labor and employment dispute services in the UAE, Abu Dhabi with the experts at FHS Solutions Office.
If you are an employee in the UAE, it doesn’t matter if you have been wronged at work or if you have filed a labor complaint or not…
But you need to understand the labor law in the UAE and its updates to avoid falling into any legal issues, prevent legal disputes, and ensure the stability of companies and the rights of individuals.
FHS Law Firm and Legal Consultancy in Abu Dhabi includes a selection of the most skilled lawyers and legal advisors from various nationalities and backgrounds.
We offer a comprehensive package of legal services that includes drafting employment contracts, corporate contracts, and amending them in accordance with the latest regulations, providing preventive consultations for companies, in addition to representing you in all types of disputes and labor cases before the competent courts.
To ensure that your contracts and transactions comply with the new legal amendments.
Don’t hesitate to contact our specialized team today for professional legal advice.
Frequently Asked Questions about Employee Rights and Recent Updates to Labor and Employment Law in the UAE
Q: What is the penalty for leaving the country without notification during the probation period in the UAE?
A: According to the labor regulations in the UAE, a private sector employee under the probation period is prohibited from leaving the country without prior written notice (14 days in advance). In case of violation, the worker will be deprived of obtaining a new work visa for a full year and will be required to pay a fine and financial compensation equivalent to the wages for the remaining days of the legal notice period.
Q: Is the employer allowed to confiscate the worker’s passport or ID in the UAE?
A: No, no company or employer has the right to retain or hold onto international identity cards, passports, or official documents belonging to workers according to the official labor and employment regulations. This step is part of the essential framework for protecting workers in the UAE and ensuring their personal and legal freedom.
Q: Who bears the costs of recruitment and employment fees in the UAE private sector?
A: According to UAE law, the employer pays the costs and fees of recruitment and employment without taking any of them from the worker.
The law prohibits collecting these amounts from the worker in any way, whether directly or indirectly, in order to enhance the integrity of employment and ensure workers’ rights in the UAE.
Q: What is the duration of bereavement leave and paternity leave under UAE labor law?
A: An employee in the private sector is entitled to a paid bereavement leave ranging from 3 to 5 days, depending on the degree of kinship to the deceased. As for paternity leave, the employee is entitled to 5 continuous or separate working days following the birth of their child, which is one of the most important developments supporting employee rights and family stability.
Q: Are workers exempt from court fees when filing a labor lawsuit in the UAE?
A: Yes, in order to facilitate access to justice and protect the workforce in the UAE, labor lawsuits have been exempted from court fees at all stages of litigation and execution for claims filed by workers or their heirs, provided that their value does not exceed (100,000) one hundred thousand UAE dirhams.
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