In this article, we will discuss the most prominent points that were included in the amendments to the UAE Labor Law, which came into effect at the beginning of 2022. Of course, some provisions of the old Law No. 8 remained unchanged, but the rest of the provisions were amended to align with the spirit of the Union in its fiftieth year and the subsequent development in labor and employment law, achieving a healthy work environment that supports the continuity of significant economic and investment growth in the United Arab Emirates.
What are the most prominent objectives emphasized by the new amendments in Law No. 33 of 2021?
The law ensures a balanced relationship between the two parties of labor, achieves stability and well-being for workers in the private sector, and fulfills the UAE’s commitment to the International Labor Organization.
It enhances the efficiency of the workforce in the country’s labor market with equal opportunities for workers and their enjoyment of their rights.
The UAE law, in its updates, emphasized supporting efforts to enhance the competitiveness of Emirati personnel in the labor market and empowering women in the labor market.
One of the most important features of the UAE law amendments is that they have become more in line with current and future developments and enhance the speed of response to changes in the labor market.
The UAE legislator is keen to encourage and motivate establishments to invest in training and empowering workers, and to foster creativity and attract the best talents in accordance with the requirements of the labor market in the country.
The updated legislation stipulates that students from accredited general and higher education institutions in the country should undergo practical training that enhances their understanding and equips them to face work challenges and explore the job market in a practical and effective manner.
Establishing standardized models for regulatory frameworks for labor relations in establishments and regulating the employment relationship with the employer.
How do the amendments protect workers’ freedom, dignity, equality, and workplace rights?
The decree in Article 74 affirms the worker’s freedom and the preservation of their dignity and liberty, and that they should not be subjected to threats or forced to perform work or services against their will.
The new law prohibits bullying and violence and ensures the protection of the worker from any bullying, sexual harassment, verbal or moral violence, whether from their superiors or colleagues at work. It also prohibits discrimination based on race, color, gender, religion, national or social origin, or due to disability, and bans discrimination in employment.
Achieving the principle of equality between men and women according to labor law and the updates of UAE legislation. Where women are treated like men in terms of labor provisions without discrimination, while preserving their rights as stipulated in this decree.
The law prohibits the employer from withholding the worker’s documents or forcing them to leave the country after the employment contract ends, as the worker can transfer to another job.
The law requires the employee to adhere to good conduct, maintain work secrets, and be loyal to the job.
The amendments to the law clarified the regulations for employing minors, the entitlements of deceased workers, occupational health and safety requirements, and other regulations that ensure the rights of both parties in the employment relationship.
What changes were introduced to work patterns, wages, and working for multiple employers?
The decree introduced new work patterns that meet the needs of employers for labor, such as part-time work (with a specified number of hours), temporary work (a contract that ends upon completion of the task), and flexible work (where working hours change according to work conditions), in addition to full-time work.
The law has given companies the option to pay wages in UAE dirhams or in another currency according to the agreement between the two parties in the employment contract.
The law has granted the employer the right to prevent the employee from working for a competitor (non-compete law), and this condition is written in the employee’s contract and is binding.
The new law allows working for more than one employer after obtaining a no-objection letter from the first employer.
It also allowed multiple workers to share a single job.
What are the rules regarding probation, leave, dismissal, and labor accommodation?
The UAE Labor Law has set the probation period at six months and prohibited extending the probation period beyond six months.
Paternity leave is five days paid.
Mourning leave is from three to five days.
The employee must be warned twice before being dismissed, and if dismissed before receiving two warnings, the dismissal is considered arbitrary, and the worker can file a complaint against the employer for arbitrary dismissal. The necessity of providing housing for the worker along with safety and preventive measures.
The worker must evacuate the labor accommodation within a month from the end of the employment contract.
The probation period is six months, and the employee cannot be dismissed before being notified of their termination within a period of fourteen days. Conversely, the employee wishing to leave before completing the probation period must inform the employer fourteen days in advance.
During the probation period, sick leave is accepted after the employee submits a medical report of their condition, and it is considered unpaid leave.
What are the provisions concerning employment contracts, recruitment costs, and changes in job duties?
The law obliges the employer to bear the costs and fees of recruitment and employment and not to collect them from the worker directly or indirectly.
The contract duration is set for three years, which may be extended for a similar or shorter period, once or more.
The law stipulates converting an indefinite-term employment contract into a fixed-term contract.
When the worker transfers to a second company, the second company bears the accommodation expenses and pays them to the first company.
If you signed an employment contract with a company for a specific task, and the company wants to assign you more tasks, the employment contract must be amended to include the new tasks, and the company must bear the costs and procedures of changing the contract.
The costs of insurance and healthcare are fully covered by the employer.
How are end-of-service benefits and the dues of deceased workers addressed?
End-of-service benefits are calculated based on the hours agreed upon between the two parties in the employment relationship.
In order to preserve family ties and reduce the burden on the family after the breadwinner’s death, the law requires the employer to pay the employee’s dues to their family within a period of ten to fifteen days after the employee’s death, and the company is obligated to cover the costs of transporting the body to their home country.
End-of-service gratuity, 21 days’ pay for each of the first five years for each year, and this is a significant difference from the previous law.
What protections are available to workers in labor disputes?
Labor lawsuits are exempt from court fees at all stages of litigation and enforcement.
The worker can prove their employment in the company by any means of evidence, even in the absence of a contract.
Frequently Asked Questions about Updates to UAE Labor and Employment Law
Q. What are the updates that have occurred regarding employment contracts in the UAE?
A: The law abolished indefinite contracts, and all contracts became fixed-term only, and they can be automatically renewed by mutual agreement of the parties.
Q. What are the new work patterns introduced by the law?
A: UAE law provides four main work patterns to meet market needs:
Full-time: Working for a single employer throughout the daily working hours.
Part-time: Working for more than one employer for a specified number of hours.
Temporary work: It is work associated with completing a specific task or a certain period of time.
Flexible work: The UAE law allows for changing work hours or days according to the volume of operational work.
Q. What is the maximum number of regular working hours?
A: The maximum is 8 hours daily or 48 hours weekly.
Q. What is the salary disbursement date and what are the cases of delays?
A: The UAE law stipulates in the “Wage Protection” clause that salaries must be paid on the specified due date. In the event of a delay in salary payment for more than 15 days from the due date, the employee has the right to stop working while still being entitled to the salary, and to file an immediate labor complaint through the Ministry of Human Resources and Emiratization platform.
Q. Is remote work legally recognized?
A: Yes, remote work has become a legally regulated option, and it must be documented in the employment contract with precise working hours and official communication methods.
Conclusion
From all of the above, we see that the amendments to Labor Law No. 33 of 2021 serve the interests of all parties in the employment relationship and ensure a successful work environment that supports the progress and prosperity of the UAE economy. It crowns the union’s journey, increases the strength and flexibility of labor relations, and enhances the rule of law in regulating labor relations and preserving the rights of both workers and employers.
For further inquiries and consultations, contact a lawyer specialized in labor and employment cases, updates on UAE laws, litigation, representing clients before federal courts, drafting contracts, conducting settlements between the parties to the case, debt collection, criminal and civil cases, debt collection, company formation, and much more…
Please visit our office in Abu Dhabi to meet the experts in labor laws at FHS Law Firm and Legal Consultancy.
FHS Law and Legal Consultancy is considered one of the leading companies in its field, providing comprehensive legal services by offering all possible legal assistance related to companies, individuals, and legal disputes.
Important points in the amendments to the UAE Labor Law
In this article, we will discuss the most prominent points that were included in the amendments to the UAE Labor Law, which came into effect at the beginning of 2022. Of course, some provisions of the old Law No. 8 remained unchanged, but the rest of the provisions were amended to align with the spirit of the Union in its fiftieth year and the subsequent development in labor and employment law, achieving a healthy work environment that supports the continuity of significant economic and investment growth in the United Arab Emirates.
What are the most prominent objectives emphasized by the new amendments in Law No. 33 of 2021?
The law ensures a balanced relationship between the two parties of labor, achieves stability and well-being for workers in the private sector, and fulfills the UAE’s commitment to the International Labor Organization.
It enhances the efficiency of the workforce in the country’s labor market with equal opportunities for workers and their enjoyment of their rights.
The UAE law, in its updates, emphasized supporting efforts to enhance the competitiveness of Emirati personnel in the labor market and empowering women in the labor market.
One of the most important features of the UAE law amendments is that they have become more in line with current and future developments and enhance the speed of response to changes in the labor market.
The UAE legislator is keen to encourage and motivate establishments to invest in training and empowering workers, and to foster creativity and attract the best talents in accordance with the requirements of the labor market in the country.
The updated legislation stipulates that students from accredited general and higher education institutions in the country should undergo practical training that enhances their understanding and equips them to face work challenges and explore the job market in a practical and effective manner.
Establishing standardized models for regulatory frameworks for labor relations in establishments and regulating the employment relationship with the employer.
How do the amendments protect workers’ freedom, dignity, equality, and workplace rights?
The decree in Article 74 affirms the worker’s freedom and the preservation of their dignity and liberty, and that they should not be subjected to threats or forced to perform work or services against their will.
The new law prohibits bullying and violence and ensures the protection of the worker from any bullying, sexual harassment, verbal or moral violence, whether from their superiors or colleagues at work. It also prohibits discrimination based on race, color, gender, religion, national or social origin, or due to disability, and bans discrimination in employment.
Achieving the principle of equality between men and women according to labor law and the updates of UAE legislation. Where women are treated like men in terms of labor provisions without discrimination, while preserving their rights as stipulated in this decree.
The law prohibits the employer from withholding the worker’s documents or forcing them to leave the country after the employment contract ends, as the worker can transfer to another job.
The law requires the employee to adhere to good conduct, maintain work secrets, and be loyal to the job.
The amendments to the law clarified the regulations for employing minors, the entitlements of deceased workers, occupational health and safety requirements, and other regulations that ensure the rights of both parties in the employment relationship.
What changes were introduced to work patterns, wages, and working for multiple employers?
The decree introduced new work patterns that meet the needs of employers for labor, such as part-time work (with a specified number of hours), temporary work (a contract that ends upon completion of the task), and flexible work (where working hours change according to work conditions), in addition to full-time work.
The law has given companies the option to pay wages in UAE dirhams or in another currency according to the agreement between the two parties in the employment contract.
The law has granted the employer the right to prevent the employee from working for a competitor (non-compete law), and this condition is written in the employee’s contract and is binding.
The new law allows working for more than one employer after obtaining a no-objection letter from the first employer.
It also allowed multiple workers to share a single job.
What are the rules regarding probation, leave, dismissal, and labor accommodation?
The UAE Labor Law has set the probation period at six months and prohibited extending the probation period beyond six months.
Paternity leave is five days paid.
Mourning leave is from three to five days.
The employee must be warned twice before being dismissed, and if dismissed before receiving two warnings, the dismissal is considered arbitrary, and the worker can file a complaint against the employer for arbitrary dismissal. The necessity of providing housing for the worker along with safety and preventive measures.
The worker must evacuate the labor accommodation within a month from the end of the employment contract.
The probation period is six months, and the employee cannot be dismissed before being notified of their termination within a period of fourteen days. Conversely, the employee wishing to leave before completing the probation period must inform the employer fourteen days in advance.
During the probation period, sick leave is accepted after the employee submits a medical report of their condition, and it is considered unpaid leave.
What are the provisions concerning employment contracts, recruitment costs, and changes in job duties?
The law obliges the employer to bear the costs and fees of recruitment and employment and not to collect them from the worker directly or indirectly.
The contract duration is set for three years, which may be extended for a similar or shorter period, once or more.
The law stipulates converting an indefinite-term employment contract into a fixed-term contract.
When the worker transfers to a second company, the second company bears the accommodation expenses and pays them to the first company.
If you signed an employment contract with a company for a specific task, and the company wants to assign you more tasks, the employment contract must be amended to include the new tasks, and the company must bear the costs and procedures of changing the contract.
The costs of insurance and healthcare are fully covered by the employer.
How are end-of-service benefits and the dues of deceased workers addressed?
End-of-service benefits are calculated based on the hours agreed upon between the two parties in the employment relationship.
In order to preserve family ties and reduce the burden on the family after the breadwinner’s death, the law requires the employer to pay the employee’s dues to their family within a period of ten to fifteen days after the employee’s death, and the company is obligated to cover the costs of transporting the body to their home country.
End-of-service gratuity, 21 days’ pay for each of the first five years for each year, and this is a significant difference from the previous law.
What protections are available to workers in labor disputes?
Labor lawsuits are exempt from court fees at all stages of litigation and enforcement.
The worker can prove their employment in the company by any means of evidence, even in the absence of a contract.
Frequently Asked Questions about Updates to UAE Labor and Employment Law
Q. What are the updates that have occurred regarding employment contracts in the UAE?
A: The law abolished indefinite contracts, and all contracts became fixed-term only, and they can be automatically renewed by mutual agreement of the parties.
Q. What are the new work patterns introduced by the law?
A: UAE law provides four main work patterns to meet market needs:
Q. What is the maximum number of regular working hours?
A: The maximum is 8 hours daily or 48 hours weekly.
Q. What is the salary disbursement date and what are the cases of delays?
A: The UAE law stipulates in the “Wage Protection” clause that salaries must be paid on the specified due date. In the event of a delay in salary payment for more than 15 days from the due date, the employee has the right to stop working while still being entitled to the salary, and to file an immediate labor complaint through the Ministry of Human Resources and Emiratization platform.
Q. Is remote work legally recognized?
A: Yes, remote work has become a legally regulated option, and it must be documented in the employment contract with precise working hours and official communication methods.
Conclusion
From all of the above, we see that the amendments to Labor Law No. 33 of 2021 serve the interests of all parties in the employment relationship and ensure a successful work environment that supports the progress and prosperity of the UAE economy. It crowns the union’s journey, increases the strength and flexibility of labor relations, and enhances the rule of law in regulating labor relations and preserving the rights of both workers and employers.
For further inquiries and consultations, contact a lawyer specialized in labor and employment cases, updates on UAE laws, litigation, representing clients before federal courts, drafting contracts, conducting settlements between the parties to the case, debt collection, criminal and civil cases, debt collection, company formation, and much more…
Please visit our office in Abu Dhabi to meet the experts in labor laws at FHS Law Firm and Legal Consultancy.
FHS Law and Legal Consultancy is considered one of the leading companies in its field, providing comprehensive legal services by offering all possible legal assistance related to companies, individuals, and legal disputes.
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