To protect workers' rights in the private sector in the event of a pandemic, the UAE government introduced a decree law last year. If you work in the UAE, you should be aware of the employment laws and norms that give employees certain benefits like paternity leave and exemptions from paying for attorneys' fees. Let's learn more about the modifications made to the UAE Labour Law.
Coercion at the workplace
The Federal Decree-Law No. 33 of 2021 Article 74 forbids employers from using any kind of compulsion at work. An employee may not be coerced into performing labour against their will or threatened with a penalty by the employer.
As per the new UAE labour law, employers are no longer permitted to withhold any documents, such as passports, or levy any recruitment fees. They are also not permitted to force employees to perform more than two hours of overtime each day.
Workplace harassment and discrimination
UAE new labour law strictly prohibits workplace harassment against an employee. This covers sexual harassment, bullying, and any other types of verbal or physical abuse. Discrimination on the grounds of gender, religion, nationality, socio-economic status, colour, or race is also prohibited. Under UAE labour law, women are eligible for the same pay as men if they perform identical or similarly valuable work.
Maximum working hours
Under Article 17 (1) of the Federal Decree-Law No. (33) of 2021, the maximum workweek and daytime hours are 48 hours and 8 hours, respectively. Work hours must be reduced by two hours during the month of Ramadan.
Recruitment and contracts
Unlimited employment contracts are changed to fixed-term contracts.
An employee's probationary period cannot last longer than 6 months.
Two-week notice should be given to the employee on account of termination during probation.
If an employee wants to quit during probation, they must give 30 days' notice.
If an employee quits their job, leaves the country, and then comes back to work for another company within 180 days, the old employer is entitled to reimbursement for the cost of the visa as well as other charges.Notice periods must not exceed three months.
Article 120 of the original law lists 10 reasons why an employer may terminate an employee's employment without giving notice. The employer must, however, pay the employee's end-of-service benefits when they are due.
Non-disclosure and non-competitive clause
An employer is permitted to include a non-compete clause in an employment contract as per UAE Labour Law. The non-competition clause only applies if the employee is given employment that gives them access to trade secrets or confidential information about the employer's clients, and the non-competition period cannot last longer than two years.
Work permits
The MoHRE issues 12 types of work permits based on the type of work and the work model an employee is hired for.
Leaves
Five days as a result of a spouse's death.
Three days if a member of a close family has passed away (mother, father, siblings, child, or grandparents).
Up to five days of paternity leave can be taken intermittently or all at once during the first six months following childbirth.
45-day paid maternity leave as per UAE labour law with an extended 15-day half-paid leave.
An additional 45 days of unpaid leave in the event of illness (mother and child).
Mothers who have infants with disabilities may take an additional 30-day paid leave. An additional 30 days may be added without being paid.
A 10-day study leaves for employees studying in state-approved educational institutions.
Contact our proficient labour lawyers at Shamsa Albedwawi advocates and legal consultants if you are involved in any labour issues.
