Latest news with #FederalDecree-LawNo.33
Gulf News
18-04-2025
- Business
- Gulf News
Is it legal for employers in the UAE to deduct visa costs from your salary?
Dubai: If your employer is deducting money from your salary to cover visa or recruitment costs, you may be wondering whether this is legal. The answer is no. Under the UAE Labour Law, it is illegal for employers to make employees pay for their hiring expenses. Employers must cover recruitment and visa costs The UAE Labour Law - Federal Decree Law No. 33 of 2021, clearly states that the employer is responsible for all recruitment-related expenses. This includes the cost of hiring, travel, visa issuance, medical tests, and the employee's residency permit. These costs must be fully covered by the employer with whom the employee has agreed to sign a contract. According to the UAE Ministry of Human Resources and Emiratisation (MOHRE) in its Know Your Rights guide for new workers, employers are bound to settle all recruitment expenses. This includes any fees paid to recruitment agencies accredited by the worker's home country, as well as all post-arrival formalities in the UAE. Before you arrive in the UAE Before travelling to the UAE for employment, your recruitment agent or employer should clearly explain the terms of your job offer. This includes your job title, duties, salary, benefits, and working conditions. You must be fully aware of all terms and conditions prior to signing the offer. In addition, you should be provided with an annex to the job offer, which outlines your rights and responsibilities under the UAE's Labour Law. You have the right to request a copy of your job offer and are advised to keep it in a safe place. What does the law say? Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, also known as the UAE Labour Law, outlines the rules regarding recruitment costs in Article 6. Article 6 – Recruitment and Employment of Workers: No work may be performed, and no worker may be employed in the UAE without a valid Work Permit issued by MOHRE. The Executive Regulations define the procedures for obtaining, renewing, and cancelling work permits. Only licensed entities may engage in recruitment or employment mediation. Employers are prohibited from charging workers for recruitment or employment costs, either directly or indirectly. The Minister, in coordination with other authorities, may issue further decisions regarding employment restrictions and requirements. In summary, an employer is not allowed to recover recruitment or visa costs from the employee under any circumstances. Can your employer deduct money if you resign? In general, your employer cannot ask for money simply because you choose to resign. However, there are a few specific situations under the law where payment may be required: 1. Resignation without serving notice As per Article 43 of the UAE Labour Law, if you resign without completing the notice period agreed in your contract, you are required to compensate your employer. This is known as payment in lieu of notice and must be paid even if your departure causes no direct harm to the employer. 2. Resignation during the probation period If you resign during your probation period, and your contract contains a clause requiring you to reimburse recruitment or contracting costs, your employer may ask you to pay. Under Article 9 of the Labour Law: 'The new employer shall compensate the original employer with the costs of recruiting or contracting with the employee, unless agreed otherwise.' If no such agreement exists in your contract, then you are not required to pay these costs. However, if the contract specifically mentions that you are liable for these costs upon resignation during probation, your employer may legally recover the expenses from you.
Khaleej Times
06-04-2025
- Automotive
- Khaleej Times
Dubai: Should employees pay for fuel, Salik when travelling for work?
Question: I am constantly on the road as part of my job. However, I pay for the fuel and Salik fees out of my pocket. Shouldn't the company be bearing this cost? What are my rights in this regard? Answer: In this case, it is assumed that you are employed by a mainland company in Dubai, therefore, the provisions of the UAE employment law and the subsequent cabinet resolution are applicable It should be noted that an employee, at the time of joining and before signing an employment contract should check the contents of the employment contract, particularly with regards to salary and the allowances which are offered to him or her. This is in accordance with Article 8 (2) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states "The employee, or his representative, may prove the employment contract, the salary and any other rights he is entitled to under the provisions of this Decree-Law and its Executive Regulations and implementing resolutions by any means of proof." Further, the aforesaid provision of law has been further clarified and elaborated in Article 10(1) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations. The law states: "Subject to the provisions of Article 8 of the Employment Law, the employment contract shall basically contain the name and address of the Employer, the name, nationality and date of birth of the employee, anything needed to prove his identity, his qualification, position or occupation, date of joining, place of work, working hours, days of rest, probationary period, if any, the duration of the contract, the agreed salary including benefits and allowances, the period of annual leave entitlement, the notice period, the procedures for termination of Employment Contract and any other details decided by the Ministry, as is required to regulate the relationship between the parties." Based on the aforementioned provisions of law, if your employment contract does not specify the provision of your employer providing car fuel and Salik under other allowances, you may not be entitled to claim the same. However, in the UAE, the employment contract generally includes a travel allowance, this may include the car fuel and salik. If the same is not be explicitly included, it is advisable that you may discuss the matter with your employer and may decide mutually. Applicable laws: 1. Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations 2. Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations
Hi Dubai
17-03-2025
- Business
- Hi Dubai
UAE: Can You Decline a Job Offer After Accepting It via Email?
Question: I received a job offer from a Dubai-based company and accepted it via email but did not sign any contract. Now, I have a better offer from another company. Will I face any legal trouble if I decline the first offer? Answer: In the UAE, job offers and employment contracts are regulated by the Ministry of Human Resources and Emiratisation (MoHRE) under Ministerial Decree No. 46 of 2022 and Federal Decree-Law No. 33 of 2021. A job offer issued by an employer must align with the standard employment contract, as per Article 2(1) of Ministerial Decree No. 46 of 2022. However, an offer letter, unless signed and converted into an employment contract, is generally considered an informal agreement and may not be legally binding. According to Article 8(1) of Federal Decree-Law No. 33 of 2021, a formal employment contract must be signed by both the employer and employee, with each party receiving a copy. Since you have not signed any contract, you are not legally bound to join the company. Furthermore, Article 14(1) of the UAE Employment Law explicitly states that an employer cannot force an individual to work against their will. This means the company cannot compel you to accept the job. However, acceptance via email correspondence might be considered binding under other applicable UAE laws, depending on specific circumstances. To ensure clarity, consulting a legal expert is advisable before making a final decision. News Source: Khaleej Times
Khaleej Times
16-03-2025
- Business
- Khaleej Times
UAE: Can employees face legal trouble for refusing a job offer after accepting it via email?
Question: I received a job offer from a Dubai-based company that I accepted via email. I did not sign anything but emailed the company to say I was accepting it. Now, I have received a better offer from another company that I really want to accept. Will I face any legal trouble if I decline the first offer now? Answer: An offer letter may be issued by an employer to an employee in the format stipulated by the Ministry of Human Resources and Emiratisation (MoHRE) and in accordance with Ministerial Decree No. 46 of 2022 regarding Work Permits, Job Offers and Employment Contracts Forms. Thereafter, an employer and employee need to sign an employment contract in line with Article 2(1) of the Ministerial Decree No. 46 of 2022, which states, 'Pursuant to the provisions of the Decree-Law and its Executive Regulations, an employer who wishes to employ any employee must abide by the following: Utilise the approved standard employment contract that conforms with the job offer when requesting the issuance of the work permit. It is permissible to add more benefits to the employee in the contract than those mentioned in the job offer. It is also permissible to add annexes to the contract provided that it does not conflict with the provisions of the decree-law and its executive regulations.' Furthermore, Article 8(1) of the Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations states that, 'The employer shall enter into an employment contract with the employee according to the agreed model of work. The employment contract shall be made in duplicate, one copy to be given to the employer and the other to the employee, in accordance with the templates specified by the executive regulations of this Decree-Law." Based on the aforementioned provisions of law, the job offer you received from a company in Dubai may be considered as an agreement once you sign and accept the same. However, an offer letter may be an informal agreement and may be not enforceable by law. Whereas, a contract is a formal agreement and it is enforceable by law. Thus, all contracts are agreements, but all agreements are not contracts. As you have not signed anything with your prospective employer, you may decline the job offered by a company in Dubai and the said company may not force you to be employed with it. This is in accordance with Article 14(1) of the UAE Employment Law, which states, "An employer may not use any means susceptible of obliging or forcing the employee, or threatening him with any penalty, to work for him, or forcing him to do work or deliver a service against his will.' Based on the aforementioned provisions of law, you may decline the job offer by a company in Dubai and accept the new offer of employment if you feel it is beneficial to you. However, under other applicable laws in the UAE, acceptance by electronic mail may be binding. This needs to be examined further. You may consult a legal practitioner for further advice.
Filipino Times
31-01-2025
- Business
- Filipino Times
OFW guide: Understanding working hours under UAE labor laws
Working in the UAE presents countless opportunities for our ' kababayans' and other nationalities from around the world. Apart from career growth and financial stability, one of the biggest advantages of working here is the strong labor laws that protect employees' rights. To make the most of your work experience, it's important to know your rights. Without further ado, here are 5 things you need to know about working hours in the UAE. 1. You're required to work 8 hours a day. According to Article 17 of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, private sector employees in the UAE typically work 8 hours a day or 48 hours a week, with a 2-hour daily reduction during Ramadan. However, working hours may vary based on job requirements under labor regulations. Employers can request overtime, but it should not exceed 2 extra hours per day unless needed to prevent major losses or accidents. Total working hours must not exceed 144 hours over three weeks. 2. Commute time is not included in the working hours. Traveling from home to work is not counted as part of working hours, except in special cases: If there's a transportation breakdown or traffic accident while using company-provided transport. If severe weather conditions occur, as warned by the National Center of Meteorology. If the employer and employee agree to include commute time in the contract. 3. You can request for remote work. Employees can request to work remotely, whether from within the UAE or abroad if their employer allows it. In this case, the employer must clearly define their working hours. 4. You have the right to have one or more breaks. As an employee, you must have one or more breaks that must not be less than an hour. These breaks are not calculated within the working hours, so be sure to take them! 5. No forced overtime for multiple jobs. If you have multiple employers, they cannot require you to work beyond your agreed hours unless you consent in writing. Now that you know the UAE law regarding working hours, don't be tricked into working more. Call the Ministry of Human Resources & Emiratisation (MoHRE) at 600590000 if you need any help.
