If you are employed in the uae, youd have surely heard about the new uae labour law or uae employment law that has been issued in 2016. Whereas the market and dynamics have changed, uae labour law has more or less remained same. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. Those in managerial or supervisory positions that confer upon the. Oct 07, 2015 new uae labour law rules for 2016 ministerial decrees.
Understanding your employee rights is a very important part of living and working in the uae. On 27 september 2015, the ministry of labour had announced that three new decrees, shall come into force on 01 january 2016. Your passport is usually the property of the government that issued it as mentioned in the small print in your passport, which usually contains words to that effect, and each passport holder is responsible for its safekeeping. An overview of oman labour law, employment contracts, entrance, residency and employment visas,remuneration,salary,working hours,overtime,other benefits and entitlement. The uae s judicial system is derived from the civil law system and sharia law.
The full text version of the uae labor law including its amending texts is available on the site. They do not amend the uae labour law but repeal any contrary or inconsistent term provided for under other decisions. Uae labour law permits such clauses as a way of protecting a business, and while they are legitimate, such posttermination restrictions. This, albeit indirectly, has further influenced the uae legal system. You can find information pertaining to united arab emirates labor law both in the. The federal judiciary the official portal of the uae. As per article 45 of the uae s constitution, the federal judiciary is one of the five bodies that. Can uae firm demand noncompetition clause on resignation.
However, under difc employment law where a person has been employed more than 5 years he can only resign or be terminated by his employer upon 3 months notice. Uae ministers have always denied any accusations of poor treatment of mainly foreign labourers uae plans to form labour unions, legalise collective bargaining and in 2006, the uae labour minister ali alkaabi announced that a new law was being drafted to allow labourers to form unions uae to allow construction unions. Types of employment contracts the official portal of the. Ministry of human resources and emiratisationdownload the applicationx. Under the labour law article 116 the maximum compensation that an employee would pay. All that is given to the worker for his work by virtue of a written or unwritten work contract regardless of the kind of wage or its. No minimum wage has been prescribed under the uae labour law. Human rights in the united arab emirates wikipedia.
E ministry holds employers responsible for attesting standard contract. The uae labour law has remained more or less at its original form since its inception in the year 1986. During the islamic month of ramadan the working hours are reduced by two hours per day. All employees are entitled to a written contract of employment. Dec 31, 2015 en route to a more transparent and flexible uae labour market. Ministerial decree 764 of 2015 provides that mol approval to admit a nonnational.
Minister of labour saqr gobash saeed gobash has told federal national council that a new and revised uae labour law has been drafted. There are special labour related regulations applicable in some of the free zones in the uae, such as the jebel ali free zone. The uae and other gulf states should also ratify the international labour organizations domestic workers convention. Sep 14, 2015 passport retention is against the law in uae. Payment of bonus is employers discretion news khaleej times. Working hours in uae labor law,work time in dubai abu. It is also stated that working hours can be increased to nine hours per day for some business. However, the company settled the dues as per uae labour law.
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. Others may not by employed in the united arab emirates except as provided for in this law and its executive orders. The general practice among companies in the uae is to have a beneficiary form to be filled by each employee when he joins. New amendments to uae labour law regime to be considered in m. Any agreement to the contrary is deemed null and void even if it is made before this law comes into operation. The uae labour law exempts the following individuals from receiving an overtime entitlement. Tony zeenny, associate vice president of learning and. Deceased employees family will get endofservice dues. Publication 517, social security and other information for. The uae labour law states that overtime should not exceed two hours per day, unless it is necessary to prevent substantial loss, a serious accident or to eliminate its consequences. 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. The new law includes three main rules governing labour contracts for workers from abroad, terminating contracts between the employers and workers and the issuance of a new work permit to a resident. Article 10 in the event of nonavailability of national workers, preference shall be given to. Federal law number 8 of 1980 is the general labour law of the uae.
Uae labour law on annual leave ticket encashment citehr. The section provides an overview of the laws and regulations administered by the difc authority including federal laws, dubai laws, difc laws, enactment notices, difc regulations and directives from the registrar of real properties. The new uae labour law has been in effect since january 2016. It does not explicitly mention noncompete clauses, though article 127 does concern the matter ii. Employment of workers children and women section i. Article 65 of uae labour law states that the ordinary workhours for an adult worker is eight hours per day, i. The federal judiciary is one of the five federal authorities of the uae government.
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. If your renters are really resourceful, they could get the labor board on you as well and possibly take you to civil court. Uae labour law uae labour law disclaimer this english language text is not an official translation and is provided for information purposes only. Main points of new uae labour law anjula 20170411t05. Legally, your company has no right to hold your passport, and retaining employee passport is against uae labour law.
The passport is a personal document of its holder, and its final. Labour law state of qatar we, hamad bin khalifa aithani, the emir of the state of qatar, after perusal of the amended provisional constitution and in particular articles 23, 34 and 51 thereof and, labour law no. Labour and immigration reforms in gulf countries simmons. The uae government is ready to provide all its vital services to customers in the highest standard of efficiency, enabling them to obtain their government services around the clock through smart channels and the official portal of the uae government without need to physically visit service centres. Uae labour law article 124 the employer may not terminate the service of an employee for his health deficiency before he avails himself of the leaves lawfully due to him. The uae labour law is designed to protect the interest of the employees and the employers and to ensure that fair work. As per the uae labour law chapter 4, section 1, article 65 to 73 working hours must not exceed eight hours per day, or forty eight hours per week, over a six day week. The overarching legislation regulating employment matters in the uae s private sector is uae federal law no. An employee or an employer can file a case in the court for employment related matters within a period of one year in accordance with article 6 of the federal law no. The labour law pdf 38p this note describes the following details related labour law. 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. Below is the labour law, as published by the uae ministry of labour, with regards to compensation for.
They follow the new uae labour law, which has been in effect since january 2016. 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. Through this page, you can read about the laws issued by the uae government laws over the years on budget preparation, the formation of the uae cabinet, value added tax vat, the establishment of the federal tax authority and bankruptcy. Within article 127, it says that in the case that an. However, an employee with a monthly salary of less than dhs. We valued your time but unfortunately we cannot find an exact result for the keyword that you searched, so if youre. Uae labour law states that the minimum notice period required is 30 days, but this is a minimum and. Talal sabih shawqi, general manager of the law department and member of the. This form of trading allows a foreign company to trade. May 16, 2012 hi everybody, kindly let me know if there is a possibility of annual leave air ticket encashment procedure under uae labor law. On may 5, the company paid bonus to all the employees except me. Is new 1040 tax form deceptively simple or just deceptive. The ministerial decisions, which took effect on 1 january 2016, mark a significant change in the employment contracting procedures, as well as termination and transfer of employees.
Federal law no 8, for 1980, on regulation of labour relations. Revised uae labour law,new uae labour law 2015 revised. Labour law state of qatar philippine embassy in doha. Uae workers seek clarification of new labour laws the national. Doing business in the uae a tax and legal guide pwc. Know about the different types of employment contracts in the private sector in the uae. My previous employer terminated me without prior notice on april 22, 2015. This is a labour regulation and does not form part the labour law. In 2018, the uae implemented the parttime contract system by virtue of a ministerial. Trade unions are not recognised under uae labour law or difc law. Labour matters in the uae are governed by federal law no.
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. En route to a more transparent and flexible uae labour market. Workers in the uae, the new uae labour law rules will take effect this january 2016. The new law states that a child is entitled to a formal relationship with the childs legal. 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. How uae firms deal with grief in the workplace there are no legal requirements under the uae labour law when it comes to staff loss and grief. Sep 29, 2015 new uae labour law for terminating employees. 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. According to human rights watch, uae s civil and criminal courts apply elements of sharia law, codified into its criminal code and family law, in a way which discriminates against women flogging is a punishment for criminal offences such as adultery. In late 2015 the federal ministry of labour now the federal ministry of human resources and emiratisation issued three decrees amending certain provisions of the federal labour law 81980. 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.
Collective bargaining rights of employees in the uae. Search for uae labour law article 127 pdf 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. This includes the criminal, cyber, juvenile, employment and personal status laws, some of which are discussed below. Main points of new uae labour law consulate general of sri. These are practices that violate both the local labour law and interna. It is presided by the federal supreme court as the highest judicial authority in the uae. 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. Uae workers obliged to comply with notice period stated in. Many still try, and that should set off warning bells regarding the nature of the. The court system consists of civil courts and sharia courts. How uae firms deal with grief in the workplace the national. Work is a right of the united arab emirates nationals. 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.
It confers no rights and imposes no obligations separate from those conferred or imposed by the original arabic legislation formally adopted and published. The difference lies in the provisions for end of service gratuity and termination. A brief explanation of the new labour law prepared by. 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. There is no minimum wage in the uae and no income tax, making dubai a lucrative.
Oct 02, 2015 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. E visa rules, new law updates, free legal advice, labour law, resident visa, visit visa, employment visa, federal law,vat and property law saturday, may 7, 2016 u. Article 118 of the uae labour law states that a contract of employment will continue to be valid for the notice period and the parties cannot agree to reduce or dispense with the notice period. If you are an employer or employee in uae, you must familiarise yourself with uae labour law as this is what guides your employment. Ministry of human resources and emiratization innovation award third cycle 2018 2019 happiest work environment award. The uae should now include domestic workers under its labor law and introduce specific enforcement measures. Jun 11, 2016 as per the article 81 of uae labour law, where the circumstances of the work make it necessary for a worker to work on public holidays or rest day in respect of which heshe is entitled to full or partial pay, he shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration. To claim the additional exclusion, you must amend your 2015 tax return. 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. 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 time during which the employee would be available for the service of the employer but it does include rest periods. New uae labour law rules for 2016 ministerial decrees.
Uae workers obliged to comply with notice period stated in contract when filing resignation. Is it true labour law is amended in 2016 for daily and monthly wages. New uae labour law 2017 2018 pdf,uae labor law employment law. The new immigration law will enter into force in december 2016. It is against the labour law in the uae for recruitment agents and companies to charge job candidates and employees any fees for any part of the recruitment process or residence visa and work permit application. The law seeks to work with other uae law s that form a solid legal framework regulating the rights of children. Changes in the law prompted by a uae ministry of labour mol study humaid bin deemas al suwaidi, mol undersecretary, was reported as saying 29 december 2010 we did a study and found that 70% of employees end their contracts before completing the three years. If you can afford to, have an attorney that specializes in employment law look over the document. The main law that regulates the employment relationship in the uae is law no. It includes federal supreme court, federal courts and public prosecution. 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.
Comparison of difc and uae labour law on key areas this article contrasts the provisions of the uae labour law no. New uae labour law rules take effect on january 2016. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high labour council and. Automatic 6 month employment ban to be lifted for skilled and professional workers. Good geographical access to eastern markets and shipping routes. Winner of the acq5 global awards 20, 2014 and 2015 uae arbitration law firm of the year labour law azhari legal consultancy is widely experienced in structuring and drafting labour agreements for locals and expatriates. As per uae labour law, an employee is eligible for annual leave of 30 days on completion of 12 month or on completion of 11 months, 12th month will be his leave. See more of uae labour law clarifications on facebook.
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