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United Arab Emirates

Employee Rights and Protections

Explore workers' rights and legal protections in United Arab Emirates

Termination

The UAE labor law, Federal Decree-Law No. 33 of 2021 ("UAE Labour Law"), outlines the terms and conditions of employment, including the termination process.

Lawful Grounds for Dismissal

An employer in the UAE may terminate an employment contract for various reasons.

Under an Unlimited Contract

  • With Notice: Valid reasons for termination with notice include the employer or employee's wish to end the contract and other non-disciplinary reasons.
  • Without Notice (Summary Dismissal): An employer may summarily dismiss an employee for specific gross misconduct reasons outlined in Article 120 of the UAE Labour Law. These include reasons like false identity or forged documents, serious errors resulting in substantial losses to the employer, breaching safety instructions, assaulting a superior or coworker, absence from work without valid reason for more than 20 non-consecutive days or more than 7 consecutive days in a year, and disclosure of confidential work information.

Under a Limited Contract

  • Completion of Contract: The contract expires naturally.
  • Mutual Agreement: Both the employer and employee agree to terminate the contract.
  • Valid Reasons with Notice: Either party can terminate with notice for valid reasons within the contract.
  • Summary Dismissal for Gross Misconduct: As outlined above.

Notice Requirements

  • Unlimited Contracts: The statutory minimum notice period is 30 days and can extend up to 90 days, depending on the terms of the employment contract.
  • Limited Contract: Notice periods are stipulated in the contract itself. If no notice period is included, then the statutory 30 days notice applies.

Severance Pay (End-of-Service Gratuity)

Employees in the UAE are entitled to end-of-service benefits, commonly referred to as gratuity. The calculation for gratuity is based on several factors, including length of service and reason for termination. Here's how it's generally determined:

  • Basic Salary: 21 days' basic salary for every year of service for the first five years.
  • Pro-rated Amount: 30 days' basic salary for each additional year of service.

Important Note: In case of summary dismissal due to employee misconduct, the employee may forfeit their severance pay entitlement.

Discrimination

In the United Arab Emirates (UAE), several laws have been enacted to combat discrimination and promote equality in various aspects of life. The most significant legislation is the Federal Decree Law No. 34 of 2023 concerning Combating Discrimination, Hatred, and Extremism.

Protected Characteristics

The UAE's anti-discrimination laws protect individuals from discrimination based on the following characteristics:

  • Religion: This encompasses all recognized religions and prohibits discrimination on the basis of religious beliefs or practices.
  • Caste, Creed, or Doctrine: These terms refer to systems of belief, social or religious groupings, and philosophical outlooks.
  • Race: Protection from discrimination based on racial identity or characteristics.
  • Color: Protection against discrimination based on skin color or tone.
  • Ethnic Origin: This includes nationality, national origin, or ancestry.
  • Gender
  • Disability

Redress Mechanisms

The UAE's anti-discrimination laws provide several mechanisms for individuals who have experienced discrimination to seek redress:

  • Criminal Complaints: The law criminalizes various acts of discrimination and hate speech. Individuals who have been victims of such acts can file criminal complaints with the police or public prosecution.
  • Civil Lawsuits: Victims of discrimination can also pursue civil lawsuits against the perpetrators to seek compensation for damages.
  • Complaints to the Ministry of Human Resources and Emiratisation (MoHRE): In the employment context, employees can file complaints with MoHRE if they experience discrimination in the workplace. MoHRE has the authority to investigate such complaints and take appropriate action, including imposing fines on employers.

Employer Responsibilities

Employers in the UAE have a significant responsibility to prevent discrimination and promote equality in the workplace. Key responsibilities include:

  • Developing and Implementing Anti-Discrimination Policies: Employers should have clear policies in place that prohibit discrimination based on protected characteristics. These policies should be communicated to all employees.
  • Providing Training and Awareness: Employers should conduct regular training for employees on anti-discrimination laws, policies, and practices. This training should foster an inclusive and respectful work environment.
  • Investigating Complaints: Employers have a duty to promptly and thoroughly investigate any complaints of discrimination. They should take appropriate disciplinary action against perpetrators.
  • Reasonably Accommodating Employees: Employers are required to provide reasonable accommodations to employees with disabilities, religious needs, or other protected characteristics as needed to enable them to perform their jobs effectively.

Working conditions

The United Arab Emirates (UAE) Ministry of Labor and Human Resources (MoHRE) sets out regulations to ensure fair and safe working conditions for all employees. These regulations cover aspects such as working hours, rest periods, and ergonomic requirements.

Working Hours

In the UAE, the standard workweek is 48 hours, with a maximum of 8 working hours per day, excluding breaks. During the holy month of Ramadan, working hours are reduced by two hours per day for Muslim employees. Some companies in the UAE offer flexible working hour arrangements, allowing for compressed workweeks or staggered start and finish times.

Rest Periods

Employees are entitled to a minimum of one hour break for every eight hours worked. All employees are entitled to at least one full day of rest per week, which typically falls on Friday or Sunday. Employees in the UAE are entitled to a minimum of 30 calendar days of paid annual leave after completing one year of service.

Ergonomic Requirements

While there aren't extensively documented ergonomic regulations, MoHRE emphasizes workplace safety and health through its regulations and inspections. Employers are generally expected to provide a safe working environment. This includes ensuring proper lighting, ventilation, and temperature control to minimize physical strain. Some companies may provide training on proper posture and techniques to reduce musculoskeletal disorders associated with prolonged computer use or physically demanding jobs.

These are general guidelines, and specific working conditions may vary depending on the industry, company size, and employment contract. Employees should always refer to their individual contract and MoHRE resources for the most up-to-date information.

Health and safety

The United Arab Emirates prioritizes worker well-being through a comprehensive framework of health and safety regulations. This framework outlines employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

Employers in the UAE have a significant legal duty to ensure the health and safety of their workforce. Key obligations include:

  • Risk Assessment and Management: Employers must proactively identify and assess potential workplace hazards and implement effective control measures to minimize risks.
  • Providing a Safe Work Environment: This encompasses maintaining safe work areas, providing necessary personal protective equipment (PPE), and ensuring proper ventilation, lighting, and temperature control.
  • Training and Awareness: Employers are obligated to provide employees with training on health and safety procedures relevant to their job roles.
  • Emergency Preparedness: Employers must develop and implement emergency response plans to address fires, accidents, and other emergencies.
  • Recordkeeping: Employers are required to maintain records of workplace injuries and illnesses to identify trends and implement preventive measures.

Employee Rights

Employees in the UAE have fundamental rights regarding health and safety in the workplace:

  • Right to a Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
  • Right to Training: Employees have the right to receive training on health and safety procedures relevant to their job roles.
  • Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety.
  • Right to Report Hazards: Employees have the right to report observed hazards in the workplace without fear of reprisal.

Enforcement Agencies

The UAE enforces health and safety regulations through several government agencies:

  • Ministry of Labor and Human Resources (MoHRE): MoHRE conducts workplace inspections to ensure compliance with health and safety regulations and investigates reported violations.
  • National Emergency Crisis and Management Authority (NCEMA): NCEMA sets national standards and guidelines for workplace health and safety.
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