Latest news with #FederalDecreeLaw
Khaleej Times
20-05-2025
- Business
- Khaleej Times
UAE jobs: Is it legal to assign employees tasks that differ from their 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: In the UAE, an employer may not assign another work to an employee which is substantially different from the work agreed in an employment contract. However, an employer may call upon an employee to do another work only in cases of emergency or to rectify the work assigned to an employee. This is in accordance with Article 12 (1) & (2) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states, '1. An employee may not be assigned to another work which is substantially different from the work agreed upon in the employment contract, unless such an assignment is necessary or aims to avoid an accident or rectify the consequences thereof, provided that the assignment is temporary as specified by the Executive Regulations of this Decree-Law. 2. An employer may, in cases other than those stated in paragraph (1) above, entrust the employee with a work that is not agreed upon in the employment contract, with the written consent of the employee.' Furthermore, an employee may be temporarily assigned to work that is fundamentally different from their original job — only in exceptional cases such as necessity, accident prevention, or damage repair caused by the employee — under Article 12 of the Employment Law. This assignment cannot exceed 90 days per year. The term 'fundamental difference' refers to work that is entirely unrelated to the employee's profession or academic qualifications. This is under Article 13 of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, states that, '1. Subject to the provisions of Article (12) of the Decree-Law, an employee may be assigned to alternative work that is fundamentally different in nature from the contractually agreed work, as an exception that is considered necessary, or to prevent an accident, or to repair damage caused by the worker. The maximum limit for assigning the employee to such work shall be (90) ninety days per year. 2. In application of Clause (1) of this Article, 'fundamental difference' shall mean that the work to which the employee is assigned is completely different from the nature of his profession or his academic qualification.' If an employer assigns an employee with work that is fundamentally different from what has been mentioned in an employment contract, and an employee does not agree to it in writing, then an employee shall have the right to resign immediately without serving a notice to an employee. This is in accordance with Article 45(4) of the Employment Law, which states, 'An employee may quit the work without notice and reserve all his entitlements at the end of service if the employer entrusts the employee with a work that is substantially different from the work agreed upon in the employment contract, without the written consent of the employee, except in cases stated in Article 12 hereof." Furthermore, an employer may not force an employee to work against his or her will. This is in accordance with Article 14(1) of the Employment Law. Based on the aforementioned provisions of law, you may review your employment contract and visa designation to ensure that the tasks currently assigned are in line with your designation mentioned in the employment contract. If there is a mismatch, you may communicate this to your employer. If an employer continues to assign work that does not align with an employee's qualifications or professional designation, an employee may file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Unless an employee has agreed in writing, an employer may not assign a role significantly different from the one originally agreed upon, and the employee may legally refuse to perform such tasks and seek support through MoHRE if necessary.
Khaleej Times
13-04-2025
- Business
- Khaleej Times
UAE: Can employees ask for a severance package in their job contract?
Question: I am planning to move to the UAE this summer and have been exploring job opportunities. However, none of my potential employers I've spoken to were 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: It is assumed that you are considering an employment offer from a company based in the UAE mainland. In that case, the UAE Employment Law, along with related cabinet resolutions and the Civil Transactions Law, would apply to your situation. In the UAE, an employee who has completed at least one year of continuous service is entitled to severance pay at the end of his or her service with an employer. The severance pay of an employee is calculated on his or her basic salary. This is in accordance with the Article 51(2) of the Federal Decree Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments ('UAE Employment Law'), which states: 'The full-time foreign employee, who completed a year or more in continuous service, shall be entitled to end-of-service benefits at the end of his service, calculated according to the basic salary as per the following: a. A salary of (21) twenty-one days for each year of the first five years of service; b. A salary of (30) thirty days for each year exceeding such period.' Further, the Article 8 of the UAE Employment Law read with 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 'Cabinet Resolution No. 1 of 2022'), states the regular terms and conditions which needs to be included in an employment contract of an employee. In the UAE, the parties to any contract are legally bound to carry out their respective obligations as stated in the contract, and to do so honestly, fairly, and in good faith. This is in accordance with accordance with Article 246 (1) of the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates, which states: '1. The contract shall be implemented, according to the provisions contained therein and, in a manner, consistent with the requirements of good faith.' Generally, in the UAE, the Ministry of Human Resources & Emiritisation (Mohre) template of the employment offer letter and contract does not contain clause related to severance pay. However, you may request your prospective employer to include the same. If your prospective employer does not agree to include details about severance pay in your employment offer letter, or if the offer letter and employment contract do not mention it, you will still be entitled to receive severance pay when your employment ends, as long as you have completed at least one year of service with the company. As an employee, you are entitled to all the benefits outlined in the UAE Employment Law and its related cabinet resolutions, including severance pay as specified in Article 51(2) of the UAE Employment Law. Additionally, while the UAE Employment Law ensures the protection of employee rights, it does not restrict employers from offering more favourable terms. This is in line with Article 65 (1) of the Employment Law, which states: 'Rights laid down in this decree-law shall consist the minimum employees' rights. The provisions of this Decree-Law shall not prejudice any of the rights prescribed for employees under any other legislation, agreement, declaration, regulation or employment contract, giving rise to rights that are more beneficial than those laid down in the provisions of this Decree-Law.' If you're considering including a 'golden handshake' clause in your employment contract, you can discuss this with your prospective employer and mutually agree to add it to the contract. Applicable laws: 1. Federal Decree Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments 2. Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations 3. Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates
