Latest news with #EmploymentLaw
Wall Street Journal
5 hours ago
- Business
- Wall Street Journal
Supreme Court Makes It Easier to Pursue Reverse Discrimination Claims
WASHINGTON—The Supreme Court made it easier for workers to sue for reverse discrimination, in a ruling that allowed a woman to pursue a claim that she was denied a job promotion because she is straight. The unanimous decision on Thursday revives a lawsuit brought by Marlean Ames, who alleged the Ohio state agency where she works denied her a promotion, and then demoted her, because she is heterosexual. She said that both her old job and the one she had sought were given to gay people. Her supervisor at the time was also gay.
Hi Dubai
19-05-2025
- Business
- Hi Dubai
UAE Employment Law: Is It Legal to Assign Tasks Outside an Employee's Contract?
Question: I was hired as an accountant in Dubai and granted a visa for that position, but later, the company assigned me to a different role, such as HR or administrative work. Is this legal in the UAE and how can I convince my employer that it is illegal? Answer: Under UAE labour law, employers are not permitted to assign an employee to work that is substantially different from what was agreed upon in the employment contract—unless there is an emergency or a need to prevent or fix a workplace issue, and even then, only temporarily. This is outlined in Article 12 of Federal Decree Law No. 33 of 2021. The law specifically states that any such temporary reassignment must fall under exceptional circumstances and cannot exceed 90 days in a calendar year. Moreover, Article 13 of Cabinet Resolution No. 1 of 2022 clarifies that a 'fundamental difference' in work refers to tasks completely unrelated to the employee's profession or academic qualifications. If your employer asks you to take on a role that is fundamentally different—like switching from accounting to HR or admin—without your written consent, it is a legal violation. In such cases, Article 45(4) of the Employment Law grants employees the right to resign immediately without serving notice, while still retaining all end-of-service entitlements. In addition, Article 14 of the same law protects employees from being forced to work against their will. To address this, you should first review your employment contract and visa to confirm your designated role. If there's a clear mismatch between your official designation and the tasks assigned, you may present these details to your employer. If the issue persists, you have the right to file a formal complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Unless you have agreed in writing, your employer cannot legally change your role to something substantially different. You are within your rights to refuse the new tasks and seek support from MoHRE if needed. News Source: Khaleej Times
Hi Dubai
28-04-2025
- Business
- Hi Dubai
Dubai: Are Employees Responsible for Visa and Hiring Costs When Resigning During Probation?
Question: I am currently employed by a mainland company in Dubai and still within my probation period. I am considering resigning and would like to understand the legal process. Can I resign during probation, and am I required to cover any visa or hiring expenses? Answer: In the UAE, employees are allowed to resign during their probationary period, but strict rules must be followed depending on their situation. According to the Employment Law, if an employee resigns to join another employer, they must provide a written one-month notice to their current employer. Additionally, the new employer is required to compensate the current employer for recruitment and hiring expenses under Article 9(3) of the Federal Decree Law No. 33 of 2021. If the employee intends to resign and leave the UAE entirely, a 14-day written notice must be given. In this case, the employee cannot accept new employment in the UAE within three months unless their new employer reimburses the previous employer for recruitment costs, as outlined in Article 9(4) of the law. Failure to comply with the required notice periods can lead to penalties. As per Article 9(5), if either party breaches the notice rule, the breaching party must pay compensation equal to the employee's salary for the notice period or its remainder. Moreover, employees who leave the UAE without observing the proper notice may face a one-year employment ban, preventing them from obtaining a new work permit during that period, in accordance with Article 9(6). However, exceptions exist. Skilled professionals, family-sponsored residents, and Golden Visa holders may be exempt from the employment ban if they meet criteria set by the Ministry of Human Resources and Emiratisation, as explained in Article 11 of Cabinet Resolution No. 1 of 2022. Importantly, employers in the UAE are not allowed to charge employees for recruitment or visa costs, whether directly or indirectly. This prohibition is clearly stated under Article 6(4) of the Employment Law. In summary, employees can resign during probation as long as they respect the notice period rules and are aware that their employer cannot legally demand repayment of visa or hiring expenses. For further support, employees can reach out to the Ministry of Human Resources and Emiratisation (MoHRE). News Source: Khaleej Times
Khaleej Times
27-04-2025
- Business
- Khaleej Times
Dubai: Will employees pay for visa, hiring costs when resigning during probation?
Question: I am currently employed by a mainland company in Dubai and still within my probationary period. I am considering resigning and would like to understand the legal process. Am I allowed to resign during probation, and will the company require me to pay for visa costs or other hiring expenses? Answer: In the UAE, an employee is allowed to resign during his/her probationary period, but certain rules apply depending on his/her circumstances. If an employee wishes to resign and join a new employer, he/she must serve a one-month notice period with his/her current employer. The new employer must compensate the current employer for the recruitment and employment costs. This is in accordance with Article 9(3) of the Federal Decree Law No. 33 of 2021 on the Regulations of the Employment Relations, which states, 'An employee who intends to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least one month before the date on which he intends to terminate the contract, and unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs.' However, If you intend to resign and leave the UAE, the process is slightly different. You must give your current employer a 14-day notice period. You may not take up employment in the UAE within 3 months from the date of leaving from UAE. In case you return to the UAE and accept new employment within three months of leaving, your new employer must compensate your previous employer for the recruitment cost. This is in accordance with Article 9(4) of the Employment Law, which states, 'A foreign employee wishing to terminate the employment contract during the probationary period in order to leave the UAE shall notify his employer in writing at least 14 days prior to date determined for termination of the contract. If the employee wants to return to the UAE and obtains a new work permit within three months from the date of his departure, the new employer shall pay the compensation stipulated in paragraph (3) above, unless agreed otherwise by the employee and the original employer.' In the event an employee does not comply with the notice period mentioned in the Employment Law related to the termination of the employment contract, the party breaching such provision of law should compensate the other party. This is in accordance with Article 9(5) of the Employment Law, which states, 'If either party terminates the employment contract without complying with the provisions of this article, he shall pay the other a compensation equal to the employee's salary due for the notice period, or the remainder thereof." Additionally, if an employee fails to comply with the notice period requirements as mentioned in Article 9 of the Employment Law, such employee may not be granted a new work permit (generally known as an employment ban) for one year. This is in accordance with Article 9(6) of the Employment Law, which states, 'A foreign employee who leaves the UAE without complying with the provisions of this Article shall not be granted a work permit to work in the UAE for a period of (1) one year from the date of his departure.' Furthermore, an employee who does not follow the guidelines related to resigning during the probation period may be exempted from imposition of an employment ban for one year, if such employee is a skilled or professional as classified by the Ministry of Human Resources and Emiratisation (Mohre), sponsored by a family member, or holds a golden visa residency. This is in accordance with Article 11 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Employment Law. 'Subject to the provisions of Clauses (4) and (6) of Article (9) of the Decree-Law, the Ministry may exempt some workers from the not to grant a work permit pursuant to the following rules: 1. The worker has the essential skill, professional or knowledge in demand. 2. The worker residency visa is sponsored by his family. 3. The worker is a Golden Visa holder. 4. Any professional categories according to the needs of the national labour market that are determined by resolution of the Minister in accordance with the workers' classification as approved by the Cabinet.' In the UAE, employers should not collect recruitment and/or visa costs, directly or indirectly from an employee. This is in accordance with Article 6(4) of the Employment law which states, 'The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.' Based on the aforesaid provision of the law, you may resign during your probationary period, as long as you comply with the applicable notice requirements based on your situation. However, it is important to note that your current employer may not demand payment for visa or recruitment expenses, whether directly or indirectly. If needed, you can contact MoHRE for further assistance or clarification.
Hi Dubai
14-04-2025
- Business
- Hi Dubai
Severance Pay and Golden Handshakes in the UAE: What You Need to Know
Question: I am planning to move to the UAE this summer and have been exploring job opportunities. However, none of my potential employers have been willing to offer a severance package. I'd like to understand if there are any laws or regulations about this. Is it possible to include a "golden handshake" clause in my job contract? And if I do, will it be legally binding? Answer: If you're considering an employment offer from a company based in the UAE mainland, you'll be governed by the UAE's Employment Law, as well as the Civil Transactions Law. These legal frameworks protect employee rights, including those related to severance pay. According to Article 51(2) of the Federal Decree Law No. 33 of 2021, any employee who has completed at least one year of continuous service is entitled to severance pay upon the end of their employment. The severance pay is based on the employee's basic salary and is calculated as follows: 21 days of salary for each year of service during the first five years. for each year of service during the first five years. 30 days of salary for each year of service after the first five years. Additionally, Article 8 of the UAE Employment Law and Article 10(1) of Cabinet Resolution No. 1 of 2022 specify the regular terms and conditions that must be included in an employment contract. However, the standard contract template provided by the Ministry of Human Resources & Emiratisation (MoHRE) does not typically include a clause about severance pay. Despite this, you are still entitled to severance pay if you have completed at least one year of service with your employer, even if it is not explicitly mentioned in your contract. The UAE Employment Law guarantees employees this entitlement, regardless of whether the contract addresses it directly. Can a "Golden Handshake" Be Included in Your Contract? While the UAE's Employment Law lays out the minimum rights of employees, it does not restrict employers from offering more favorable terms. As per Article 65(1) of the UAE Employment Law, employers can provide benefits that go beyond the statutory minimum, including the possibility of a "golden handshake" clause. A "golden handshake" refers to a negotiated severance package that offers more generous compensation than the standard severance pay. If you wish to include this clause in your contract, you can discuss it with your prospective employer. If both parties agree, it can be incorporated into the contract and will be legally binding, as long as it complies with the UAE's legal framework on employment contracts, which mandates that contracts be executed in good faith and in line with the law. In summary, while the UAE Employment Law ensures that you are entitled to severance pay, it also allows for the inclusion of more favorable terms such as a "golden handshake." You should discuss this possibility with your employer, who may agree to include it in your employment contract. If you have any concerns, it's always advisable to consult with a legal professional familiar with UAE employment laws to ensure your rights are fully protected. Applicable Laws: Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationships Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates News Source: Khaleej Times
