With the enactment of Federal Decree-Law No. 33 of 2021, the legal framework in the United Arab Emirates pertaining to employer obligations and employee rights has substantially evolved. This law sets forth extensive obligations for employers, such as giving their employees accommodation and health insurance. The Ministry of Human Resources and Emiratisation (MOHRE) has emphasized the importance of following the updated UAE Labor Law and has outlined the requirements that employers must meet. Understanding these obligations is crucial for both employers and employees to ensure compliance and safeguard worker rights.
Housing Requirements
Employers are required by the amended UAE Labor Law to either pay for housing expenses or to provide suitable accommodations for their staff. Considering the high cost of living in many UAE locations, this requirement is especially crucial. In worker rights in order to demonstrate their dedication to the welfare of their employees, employers are required to make sure that the accommodations they offer adhere to a set of safety and comfort criteria.
Disambiguation: This article discusses UAE Federal employment laws. For ADGM labour laws, please refer to ADGM Employment Laws. For DIFC labour laws, please refer to DIFC Employment Laws.
Maintain Worker Records
Employers in the UAE are now obligated to maintain comprehensive records of their employees for a minimum period of two years after the termination of employment. This requirement ensures that relevant information is available for reference and legal purposes, even after a worker has left the organization. The new regulations also prohibit employers from holding onto their worker’s official documents, such as passports and identity cards, or forcing them to leave the country upon contract termination.
Invest in Worker Development
Employers have a crucial responsibility to invest in the training and development of their workforce, recognizing that this commitment not only enhances individual skills but also contributes to overall organizational success. This investment should encompass comprehensive training programs designed to equip employees with the necessary knowledge and competencies to excel in their roles. Furthermore, companies must ensure that workers are well-informed about their rights and obligations within the workplace
Workplace Safety
Employers hold a fundamental responsibility to ensure a safe and healthy work environment, free from hazards and risks that could jeopardize the well-being of their employees. This commitment involves conducting regular assessments, identifying hazards, implementing mitigation measures, and providing medical care to ensure a safe workplace and promptly addressing health issues arising from work conditions.
Insurance
Employers in the UAE are legally obligated to provide comprehensive insurancecoverage for their workers, ensuring that employees are protected against potential medical emergencies and accidents that may occur during the course of their employment. Furthermore, employers are prohibited from allowing their employees to engage in work for other parties without explicit permission.
Pay Return Travel Costs
Employers in the UAE are legally obligated to cover the return travel expenses of their workers, ensuring that employees are not burdened with the financial costs associated with leaving their jobs, provided they have not found alternative employment or terminated their contract prematurely.
Job Contract
Before starting an employment relationship in the UAE, it is essential for workers, whether located in the country or abroad, to receive a formal job offer from their prospective employer. This job offer serves as the basis for the employment contract, which must comply with specific regulations established by the MOHRE. The contract should be drafted using an approved template and must accurately reflect the terms outlined in the job offer submitted during the work permit application. Employers may include additional benefits beyond those stated in the offer and can add extra clauses, provided they do not conflict with existing labor laws.
Provision of experience certificate for employees
Upon the conclusion of an employment contract, employers must issue a complimentary certificate of experience to workers upon request. This certificate must include essential details such as the employee’s job title, duration of service, final salary, and the reason for contract termination. Importantly, the certificate should be free of any negative comments that could adversely affect the worker’s reputation or future job opportunities. By providing this document, employers support their employees in advancing their careers while maintaining a respectful and professional relationship
Accessible Labour Consultation and Complaint Filing Services
Workers in the UAE can easily obtain labour advice and file complaints by calling the Labour Consultation and Claims Centre at 80084. This service allows employees to seek guidance and report issues without visiting the Ministry’s office, especially when employers do not meet their contractual obligations. This centralized resource highlights the government’s commitment to protecting worker rights and ensuring compliance with labour regulations.
Resolution of Labour Complaints and Judicial Process
The Ministry of Human Resources and Emiratisation is committed to resolving labour complaints within a 14-day timeframe from the date of submission. If a settlement cannot be reached with the employer, the case will be escalated to the judiciary for further action.Should your complaint be referred to the courts, it is essential to adhere to specific guidelines. Firstly, you must file your complaint with a competent court within 14 days of the referral. During this period, you are not permitted to work for another employer without obtaining prior permission. Additionally, if your employment contract ends, you are required to notify the Ministry within 14 days. While awaiting the court’s decision, you may be eligible for a temporary work permit, although this option is not available if you are accused of being absent from work.
