Payment must be in the national currency of the uae. Jan 15, 2017 under article 37 of the difc law, difc employees benefit from a longer maternity leave than mainland company employees. Warning, paycut, dismissal 7 mustknow penalties there are certain cases where an employer may fine or even dismiss an employee for misconduct and breach of duties. Uae gratuity calculation as per labour law 2019 january 17, 2019 january 17, 2019 by ranjith gratuity calculator uae 2019 is now available on our blog, employees working in llc companies or free zone companies can easily calculate uae gratuity 2019 as per uae labour law on our blog by following below given uae gratuity formula. Workers in the uae, the new uae labour law rules will take effect this january 2016. Jul 20, 2014 article 37 of the labor law states that both the employee and the employer have the right to terminate such a contract by giving written notice to the other party 30 days before the termination. The laws also spell out details about maternity leave, sick leave, employee records, safety standards, termination of employment and end of. There are special labour related regulations applicable in some of the free zones in the uae, such as the jebel ali free zone. Over the years, the uae has implemented several sectorspecific free trade zones designed to encourage and facilitate foreign direct investment, the majority of which are concentrated in the emirates of abu dhabi the capital and dubai. The ministry of labour the ministry gifted employees of the country with a renewed interest in uae s employment market as well. Definitions article 1 this law shall be called the labor law. The united arab emirates labor law website also contains resources for understanding the current economic situation in the uae labor law, migrant rights, and other helpful tools to assist with further analysis of labor related functions in the country. A thorough understanding of the uae labor law can facilitate healthier and more. What is an unlimited contract in the uae labour laws.
Several laws, ministerial decrees and initiatives are in place to protect workers in the uae. The thrust of the changes, which come into effect on 1 st january 2016, is to provide for a more flexible work environment for employees. For both, term and nonterm contract, a new permit may be granted upon termination of the workers employment when the term of the contract has expired. An employer and employee can mutually agree to have longer notice period, but they cannot shorten notice to less than the statutory minimum period. Ministry of human resources and emiratization innovation award third cycle 2018 2019 happiest work environment award. Employee is entitled to full gratuity pay based on 21 days salary for each year of work. As per article 01 of the decree, the new employer must meet the set of new rules and conditions for granting a permit to a worker. As per article 80 of the uae labour law, remuneration due to an employee plus that of the approved leave under this law shall be paid in full by the employer to the employee before the latters departure on annual leave. The uae labour law provides for a minimum of 30 days notice which cannot be waived even with the consent of the employee. Employee rights when fired,termination as per uae labour law.
The termination provisions and rights accorded to parties for unlimited contracts have. The ministry enforced three new decrees collectively, the new law that is set to provide the employees with a more secure work. Uae and ksa introduce workplace antidiscrimination. A labor with a labor contract of unlimited period, and who worked with his employer for a salary of dhs. If the employee is on a renewed fixed term contract, the parties concerned will be given more flexibility when terminating it. As per uae labour law, article 2, maximum gratuity amount for employee cannot exceed 2 years gross salary. There is no statutory redundancy payment under the uae labour laws.
This will bring forth more transparency between the employer and employee and covers conditions for terminating employees, labour permits to work for new employers and application of ministryapproved contracts. The basics of termination of employment contracts oman. Employment ban in uae if contract is terminated before 6. Article 2 the following terms and phrases, whenever mentioned in this law, shall have the meanings expressed next to them, unless the context requires otherwise. The full text version of the uae labor law including its amending texts is available on the site. Termination of unlimited employment contract in uae. Article 59 of the difc employment law allows termination for reasonable cause without notice. An employer is obliged to provide an employee with a flight to return to their country of origin at the end of a contract, as per article 1 of uae labour law, which says. In the uae, workers employed in return for an annual or a monthly wage must receive their salaries once a month on due dates and no later than 10 days after the end of each salary period. Consent from a third party is not required before an employer can dismiss an employee. Uae labour law 2020 download uae labor law employment law. The minister of labour introduced some important changes to the uae labour regulations by means of three decrees issued on 27 september 2015. The labour law article 61 permits an employer to terminate an employees employment with immediate effect if amongst other things the employee has assumed a false identity or nationality or submitted false certificates or documents, committed an act which causes gross financial loss to the employer, disclosed confidential information, is found drunk or under the influence of drugs during. An international guide to employment law across 28.
In case it is a limited contract of two years, you can not terminate employees services unless you follow the proper procedures as per the uae labor law, for instance, first warning, second warning etc. Labour regulations in the uae are governed by the uae labour law federal law no. 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. 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. Anyone of both parties may terminate the employment contract under unlimited term with a 30 days notice period. Ministry of labor, uae has announced a set of new labor laws, to come in effect from january 1, 2016. Last amended in 2001, this states that permanent employees in the private sector are entitled to 45 days of maternity.
If the worker adopts a false identity or nationality or submits forged certificate or documents. Pinoy celebs south indian arab celebs music tv books. New uae labor rules to come in effect from january 1, 2016. Yes, if you are terminated for reason other than mentioned in uae labour law article 120, you are eligible for 3 months compensation. Uae labour law is quite clear when it comes to employee rights and responsibilities. Uae labour law download uae labor law pdf uae labours.
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. An employer is also able to request an employee to perform up to 2 hours of additional work, which will be treated as overtime. The three decrees are primarily dealing with employment contact and offer letters, termination of employment, and new work permit and. Jun 11, 2016 as per uae labour law an employees normal working day should not exceed 8 hours update or 48 hours per per week. In the event of termination of an employees service he shall be. New uae labour law rules take effect on january 2016 dubai ofw. May 11, 2017 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. An unlimited contract has only a start date without any end date. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. Main points of new uae labour law consulate general of sri. Title seven termination of employment contract and end of service. The overarching legislation regulating employment matters in the uae s private sector is uae federal law no.
They meet four times per year and hold one meeting every five years to either. 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. The branches of the ministry of labour and social affairs that are in charge of labour affairs in the emirates of the federation. As per the new law, such companies must pay wages within a period of 10 days from the registered payday according to the wages protection system wps. Article 65 of uae labour law states that the ordinary workhours for an adult worker is eight hours per day, i. The uae labour law does not have any application in the difc or the adgm. Uae decree to ensure wages are paid on time comes into force. The uae labour law sets out an employees entitlement upon the termination of hisher employment. Workers welfare report 20172018 pdf, 200 kb highlights a set of policies and programmes adopted and implemented by mohre during 2016 2017 and their positive impact on the labour market. An employer is also able to request an employee to perform up to 2 hours of additional work which will be treated as overtime. However, the working hours may be increased to nine hours per day in case of persons employed in.
Uae labour law section 14 termination of contracts. One of the aspects that uae labour law covers is the termination of employment contract by employers. An unlimited contract term is openended and may be terminated for various reasons under the uae labour law. 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. Ministerial decrees 764, 765 and 766 pave the way for improved labour relations by securing more stable practices governed by regulations that protect workers who are legally sponsored to enter the uae.
Thirty days per annum in respect of any employee whose period of service exceeds on year. Regular working hours for the private sector is 8 hours per day or 48 hours per week article 65. Trade unions are not recognised under uae labour law or difc law. 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. General provisions article 2 arabic shall be the language to be used in all records, contracts, files, data, etc. On september 27, 2015, the ministry of labour introduced three decrees, which come into effect at the start of 2016, to ensure more transparency and clarity of the labor contracts and termination.
Title two employment of workers and youth and women labour. The worker having spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service. If the employee assumes a personality or a nationality other than his own, or has submitted fake documents or certificates. We valued your time but unfortunately we cannot find an exact result for the keyword that you searched, so if youre. Article 37 of the labor law states that both the employee and the employer have the right to terminate such a contract by giving written notice to the other party 30 days before the termination. Following are the official uae labor law pdf articles that should be follow by both employer and employee which includes the full details of employment contract of workers, salaries of workers, occupational injuries during work, end of service gratuity, working hours, annual leaves, termination, resignation and much more. Article 1 of the uae labor law provides that a contract of employment shall terminate in any of the following cases. Employment of workers children and women section i. In addition greater protection is provided to new employees to ensure that what they are promised by way of a pay.
Recent amendments to the uae labour regulations legal advice. Employee is entitled to full gratuity pay based on 30 days salary for each year. Article 10 in the event of nonavailability of national workers, preference shall be given to. Providing that the employee has been employed for at least 1 year and has met the required notification requirements specified in the law, she will be entitled to a minimum maternity leave of 65 working days. The contract will have a notice period for termination, an amount of days of annual.
The main law that regulates the employment relationship in the uae is law no. Below is the labour law, as published by the uae ministry of labour with regards to termination of emplyment contracts. An employment relationship is a contractual relationship which, as a general rule, may be terminated by either party. As per macanda, if no notice period is specified in the contract of employment, then according to article 117 of the uae labour law, at least 30 days written notice should be provided. Work is a right of the united arab emirates nationals. Once you follow this procedure, you can terminate services of the worker with the proper notice and again you must abide by the procedure as. If a company defaults payment, the ministry will stop granting it any additional work permits starting from the 16th day of delay. When it comes to the private sector, here is what the uae labour law says regarding these matters. Whilst a pregnant employee whose employment is terminated has been able to allege that the termination was due to her pregnancy and therefore, unjustified, attracting compensation under article 77 of the ksa labour law. This means both, companies and individuals need to follow uae labor law in uae. How to calculate uae gratuity pay employment gulf news. Any job or position involves regular working hours, official leaves, and vacations.
After a 2016 resolution, you can now terminate a limited term contract if it has. In return for working the additional 2 hours, the employee is entitled to overtime pay equivalent to the wage paid during ordinary. Austrian law does not restrict terminating employment to specific. The ministry of labourthe ministry gifted employees of the country with a renewed interest in uaes employment market as well. Womens maternity rights in the uae are protected under the uae labour law. Work time in the uae is set at 48 hours a week and employers who force their workers to exceed that limit without paying them. Understanding maternity rights in the uae news khaleej. Labour matters in the uae are governed by federal law no. New expat law end of kafala system qatars new labour law no 21 of 2015 regulating the entry, exit and residency of expatriates has come into force on 14th dec, 2016. As many will be aware the uae established a gender balance council in 2016, with one of their mandate to publish a comprehensive guidance book for employers on the implementation of anti. Gender parity, discrimination protection, recruitment and termination of uae.
If the worker is engaged on probation and is dismissed during the. The employer has to notify the employee within a 30day notice period according to article 117 of the uae labour law. New uae labour law rules for 2016 ministerial decrees. As an employer or company, you must be aware of legalities involved in hiring and terminating employees. The new labour law has replaced the existing kafala system with contract based system which from now onwards will govern the employer. Still there is no update about the required documents and the fees but as per unconfirmed sources or you can call them rumors the expected uae 5 year tourist visa fees will be 10,000 to 15,000 aed and the holder of this visa will not be allowed to work in the country. While you have confirmed that your employer is subject to the provisions of federal law no. Protection of workers rights the official portal of the. However, employees who are dismissed for cause under articles 88 or 120 of the labour law will be terminated immediately and will not be entitled to receive the end of service gratuity, notice of termination or any payment for the notice. The following text comes from the uae ministry of labour s uae.
It also describes the employment law that applies in the dubai international finance centre. If the employer fails to abide by obligations under article. If such periods are not mentioned in the contract, the employer must pay the employee once every 14 days. An employee is entitled to notice, payment in lieu of accrued untaken holidays and a payment called end of service gratuity. Under the uae labour law an employee is entitled to early termination compensation of a minimum three months remuneration, including salary and allowances, or the remainder of the term of the contract if the period remaining is less than three months, if an employer seeks to terminate the contract prior to the end of the limited term. Once you follow this procedure, you can terminate services of the worker with the proper notice and again you must abide by the procedure as stated in the law when it comes to termination.
On september 27, 2015, the ministry of labour introduced three decrees, which come into effect at the start of 2016, to ensure more transparency and clarity of the labor contracts and termination related issues, greater protection for employees and to provide for a more balanced and flexible work environment. Others may not by employed in the united arab emirates except as provided for in this law and its executive orders. Payment of salaries wages the official portal of the. Full transcript of uae labour law as per mohre ministry of human resources. Uae labour law provides rights to both employers and employees. Under the uae labour law, an employees normal working day should not exceed 8 hours. Bellow are the result found in our site related to uae labour law article 78, we hope that the result will help you. Uae gratuity calculation as per labour law 2019 emirati. As per the article 120 of the uae labour law employer has the right to terminate the employee without notice if the employee commits an act of gross misconduct are limited to the following. As per the uae labour law the minimum notice period is 30 days. Employment and employee benefits in the united arab emirates.
1264 1369 601 155 1101 888 1324 1543 1005 631 143 315 1089 605 697 603 1095 1582 16 426 93 785 1577 504 1438 139 78 46 262 949 350 373 110 1013 128 500 493 932 142 251 116 187 338 182 260 1164 621 575