Latest news with #FederalDecreeLawNo.33
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
Express Tribune
16-05-2025
- Express Tribune
UAE warns of 10-year jail term, instant job termination over forged degrees
Listen to article Authorities in the United Arab Emirates (UAE) have warned that submitting forged educational certificates to obtain employment may constitute a criminal offence, punishable by imprisonment and fines under federal law. The warning is based on Federal Law of 2021, which sets out penalties for forgery under the UAE Penal Code. Article 251 of the law defines forgery as any act that alters the authenticity of a document with the intent to use it as genuine, resulting in harm, Khaleej Times reported. According to report, forgery includes altering or falsifying text, numbers, or images on a document; placing forged or unauthorized signatures, seals, or fingerprints; or misusing blank signed documents. Creating a fake document and attributing it to someone else also falls under this provision. Under Article 252 of the same law defines the forgery of official documents may lead to imprisonment of up to 10 years, while forging non-official documents carries a lesser penalty while Article 253 adds that using a forged official document knowingly may lead to up to five years in prison. Read more: UAE airlines resume flights as Pakistan restores full airspace operations Further, Article 258 states that individuals who knowingly use forged documents can receive the same punishment as those who forged them. Officials also noted that under Article 44(1) of Federal Decree Law No. 33 of 2021 governing labour relations, an employee found to have submitted forged documents can be dismissed without notice. The law allows immediate termination if the worker is found to have impersonated another individual or submitted fake certificates. Employers are encouraged to take disciplinary action, report such offences to law enforcement, and file complaints with the Ministry of Human Resources and Emiratisation (MoHRE) when necessary. Legal professionals in the UAE advise employers and HR departments to consult legal counsel to ensure all actions taken are in accordance with the country's laws.
Al Etihad
02-05-2025
- Business
- Al Etihad
13 types of UAE work permits you should know about
2 May 2025 15:05 YOUSUF SAIFUDDIN KAPADIA (ABU DHABI)The UAE Labour Relations Law and its executive regulations have provided private sector establishments with various types of work permits to meet their workforce needs. This facilitates bringing in workers from abroad or contracting with those already within the country, thereby tapping into both local and global talents. Here's a list of the 13 types of permits for registered establishments and individuals: - A work permit to recruit a worker from outside the UAE- Transfer work permit: To transfer a foreign worker from one establishment to another- A work permit for a resident on a family sponsorship- A temporary work permit: To hire a worker to complete a job within a specific period- One-mission work permit: To recruit a worker from abroad to complete a temporary job, or a particular project for a specific period- A part-time work permit: To recruit a worker under a part-time contract where his working hours or days are less than his full-time contract. The worker can work for more than one employer after obtaining permission from the ministry- A juvenile permit: To recruit a juvenile between 15 and 18 years- Student training and employment permit: To employ a 15-year-old student who is already in the UAE, according to specific regulations and conditions that ensure a suitable training and work environment- UAE/GCC national permit: To employ a UAE or a GCC national- A golden visa holder permit: To employ a worker holding the UAE's Golden Residence visa- Private teacher work permit for workers who wish to obtain a work permit for private tutors in cooperation with the Ministry of Education- National trainee permit: To train a UAE national according to the accredited academic qualifications- A freelance permit issued to self-sponsored foreigners in the UAE, who provide services or perform tasks to individuals or companies (without being sponsored by a specific employer in the UAE and without having an employment contract)It is noteworthy that according to Article 6 of the Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, known as the 'UAE Labour Law', it is illegal for a person to work in the UAE without a valid work permit issued according to the procedures set out by Ministry of Human Resources and Emiratisation (MoHRE).The cost of issuing and renewing a work permit ranges from Dh250 to Dh3,450, depending on the company's classification: A, B or C. How to apply To apply for a work permit, the establishment must:- Have a valid trade licence- The application must be filed by the authorised signatory of the establishment MoHRE may refrain from issuing or renewing, or may cancel work permits if the establishment:- Provides incorrect documents- Is fictitious or does not exercise its registered activity - Is not compliant with the 'Wages Protection System' or any other system adopted for the regulation of the national labour market.
Hi Dubai
01-05-2025
- General
- Hi Dubai
Why Labor Day Matters: A Look at Workers' Rights in the UAE and Beyond
Every year on May 1st, cities around the world come alive with marches, speeches and banners celebrating International Workers' Day. From Tokyo to Los Angeles, workers gather to honor the labor movement's hard-fought victories and to demand better conditions and fair treatment. But beyond the parades and slogans, Labor Day is a powerful reminder of the ongoing struggle for dignity in the workplace; a struggle that continues in both visible and hidden ways. In the United Arab Emirates, a country built on the labor of millions of migrant workers, the conversation around workers' rights is especially urgent. While the UAE has made significant strides in labor reform, challenges remain. From construction sites under the blazing sun to domestic workers behind closed doors, stories of hardship still surface, highlighting the gap between policy and practice. Take a closer look at why Labor Day still matters. Explore the global roots of the holiday, examine the current state of workers' rights in the UAE and consider what more needs to be done to ensure that every worker, regardless of nationality or job title, is treated with fairness and respect. The Global Origins of Labor Day Labor Day, also known as International Workers' Day, traces its origins back to the labor movement in the late 19th century, a time when factory workers were toiling in dangerous conditions for long hours and little pay. The industrial revolution had transformed economies but it also created harsh working environments where laborers, including women and children, had few rights and virtually no protections. The push for an eight-hour workday became a rallying cry among labor unions around the world. This demand culminated in a significant moment of resistance in the United States. On May 1, 1886, more than 300,000 workers across the country walked off their jobs in what became a nationwide strike. In Chicago, a peaceful demonstration turned violent during the Haymarket affair when a bomb was thrown at police, leading to chaos and the deaths of several officers and civilians. Although the immediate outcome was tragic, the Haymarket affair became a powerful symbol of the labor struggle. In 1889, the International Socialist Conference declared May 1st as International Workers' Day to honor those who had fought and died for basic labor rights. It was adopted by countries across Europe, Asia and Latin America as a day to recognize the working class and push for reforms. Today, Labor Day is not just a historical observance but a platform for modern labor movements. In many countries, it remains a time to spotlight issues like wage inequality, workers' safety, the right to organize and job security. Whether in the streets of Paris or the ports of Manila, the message remains the same: workers deserve respect, dignity and a voice in shaping the conditions of their labor. UAE Labour Law Structure The backbone of private sector employment in the UAE is Federal Decree Law No. 33 of 2021, enforced by the Ministry of Human Resources and Emiratisation (MoHRE). In 2023, it was updated with Federal Decree Law No. 20, strengthening protections for both employees and employers. These laws govern employment contracts, working models, leave policies, wages, anti-discrimination measures and more. They apply to most private sector workers in the UAE, whether Emirati or expat. However, the rules don't apply to domestic workers, federal or local government staff and members of the armed forces or police. Why Labour Laws Matter Labour laws exist to create a balanced workplace where both sides benefit. For Employers: Reduce the risk of legal disputes. Retain skilled employees and lower hiring costs. Create a motivated, productive work culture. For Employees: Protection against unfair treatment or dismissal. Access to fair wages, leave benefits and safe working conditions. Legal rights to unionize and raise workplace concerns. Employment Contracts in the UAE You must have a valid employment contract and a work permit from MoHRE to work legally. What's in a typical contract? Names and details of both parties Job title and duties Salary and benefits Working hours, holidays and leave Probation and notice periods Contract length (usually up to three years) Clauses like confidentiality or non-compete if relevant Contracts can be full-time, part-time or temporary, depending on your job arrangement. You should always receive a copy of your signed contract. Working Hours, Leave and Rest Days Standard working hours: 8 hours a day or 48 hours a week Minimum one-hour daily break No outdoor work from 12:30 to 3:00 p.m. during peak summer months Overtime: Limited to 2 extra hours a day Overtime pay starts at 25% more, or 50% for night shifts and weekends Annual Leave: Minimum of 30 days paid leave per year Public holidays (like Eid and National Day) are included Sick Leave: Up to 90 calendar days a year First 15 days: full pay Next 30 days: half pay Last 45 days: unpaid No sick leave pay during probation Maternity Leave: 60 days total (45 fully paid, 15 half-paid) Additional 45 unpaid days allowed for complications Up to two daily nursing breaks for 6 months post-return Parental Leave: 5 working days paid leave for both parents within 6 months of birth Bereavement Leave: 5 days for a spouse's death 3 days for close family members Employee Rights and Protections In the UAE, employees are legally protected across various aspects of the workplace to ensure fair treatment and safety. Discrimination is strictly prohibited; employers are not allowed to treat workers unfairly based on race, gender, religion, nationality or disability. Job roles and responsibilities must align with what's stated in your employment contract. An employer cannot assign tasks outside your agreed scope of work unless you've given your consent. When it comes to workplace safety, employers are required to provide a healthy environment, including personal protective equipment (PPE) where needed. Your well-being must be a priority at all times. All employees must be covered by health insurance, and this is fully paid for by the employer. It's not something you need to arrange or fund yourself. During the probation period, which cannot exceed six months, an employer must give at least 14 days' notice if they intend to terminate your employment. This gives both parties a fair transition period. Some employers may offer rent assistance in the form of company-provided housing or a housing allowance, though this isn't mandatory. If you choose to resign from your job, you must give 14 days' written notice. Also, if your contract includes a non-compete clause, it can only be enforced under specific conditions and cannot exceed two years from the end of your employment. Labour Law Protections for Women Women working in the UAE are entitled to full equality in the workplace. By law, they must receive equal pay for doing the same job as their male counterparts. Employers are also prohibited from discriminating against women on the basis of gender. Maternity leave and breastfeeding breaks are clearly defined and protected under the law, helping women balance work and family responsibilities. Hiring Juveniles There are strict rules in place for hiring young workers. Children under the age of 15 are generally not allowed to work but exceptions can be made under certain conditions: The work must be safe and officially approved. Working hours must not exceed 6 hours per day. A medical certificate and written consent from a parent or guardian are required. Juveniles are not allowed to work at night, on weekends or during public holidays. Salary and Compensation Wages in the UAE are typically paid in UAE Dirhams, although another currency can be used if both parties agree. While there's currently no federal minimum wage for all sectors, MoHRE provides salary benchmarks depending on the job and industry. The UAE Cabinet also has the authority to introduce a minimum wage for specific sectors if needed. End-of-Service Benefits (EOSB) Employees who have completed at least one year of continuous service are entitled to an end-of-service gratuity. The amount is calculated as follows: 21 days of basic salary for each year of service for the first five years. 30 days of basic salary for each year beyond five years. The total gratuity is capped at the equivalent of two years' wages. This benefit is paid out at the end of the employment term and serves as a financial cushion for employees leaving their job. Legal Termination and Employee Rights Termination of employment must follow legal procedures and must be based on valid reasons, such as: The contract has expired. The employee's performance is consistently poor. There has been serious misconduct. The company is undergoing economic downsizing. Both parties agree to end the contract mutually. If you're terminated, you are entitled to receive your final salary and any end-of-service benefits owed. In cases where the dismissal is considered unfair, you can file a complaint through the MOHRE, which handles labour disputes. FAQs Who is excluded from the UAE labor law provisions? The law doesn't apply to government workers, armed forces, police, security personnel or domestic workers. These groups are governed by separate laws due to the unique nature of their roles and responsibilities. Are employees protected against discrimination under the law? Yes. Workers are protected from discrimination based on race, gender, religion, nationality or disability. The law ensures equal treatment and equal pay for equal work, especially supporting women's rights in the workplace. Is health insurance mandatory for employees in the UAE? Yes. Employers are legally required to provide health insurance for all employees. This includes coverage from the start of employment and must be fully paid by the employer. Not without your consent. An employer must stick to the duties outlined in your signed contract unless you explicitly agree to take on different or additional tasks. What maternity protections do women receive under UAE labor law? Women are entitled to paid maternity leave, breastfeeding breaks and legal protection from workplace discrimination. These provisions aim to support working mothers and promote gender equality in the workplace. What happens if an employee is unfairly terminated? Employees who are terminated without valid legal reason can file a complaint with MoHRE. If the termination is found to be unfair, they may be entitled to compensation and all remaining dues, including EOSB and final salary. Can I work in Dubai on a visit visa? No. A visit or tourist visa does not permit you to work in the UAE. Working without a valid work permit is illegal and may lead to fines, deportation or other legal consequences. To work legally, you must obtain a work visa through an authorized UAE employer. Can I convert my visit visa to a work visa in Dubai? Yes, you can convert your visit visa to a work visa if you receive a valid job offer from a UAE-based employer. The process typically takes 7–14 working days, and the cost is around AED 3,000, which is usually covered by the employer. What is the penalty for working on a visit visa in the UAE? Working on a visit visa is strictly prohibited. Employers found hiring individuals without a valid work permit and UAE residency visa may face a fine of AED 100,000, as outlined in Article 1 of Federal Decree Law No. 9 of 2024. How can I file a complaint against my employer in the UAE? Employees can report labor-related issues by contacting the Ministry of Human Resources and Emiratisation (MoHRE). Call the toll-free Labour Claims and Advisory Call Centre at 80084 for guidance, support and to initiate a formal complaint process if needed. Do I need to pay if I resign during the probation period? Yes. If you resign during probation without giving the required notice, you must compensate the employer. For example, if your contract requires one month's notice and you leave without it, you're obligated to pay one month's salary in lieu of notice. Also Read: UAE Labour Law: Working Hours, Leave, Overtime, and Employee Rights Understanding UAE labour laws is essential for employees and employers alike. From working hours to sick leave and termination policies, here's a detailed guide on private sector job regulations in the UAE. How to Check Labor Card Online in the UAE Want to know how to check your labour contract online in the UAE but unsure how to go about it? Read on as we present the entire process. Want to learn about sharing accommodation rules in Dubai? Read on to find out about the legal provisions for sub-letting properties and cohabiting in Dubai. UAE: Guidelines for Employee Breaks During Work Hours Under Article 18 of Federal Decree-Law No. 33 of 2021, employees cannot work for more than five consecutive hours without a break. UAE Government Amends Labour Law with Stricter Penalties for Employment Violations The UAE Government has issued a Federal Decree-Law amending specific provisions of the Federal Decree-Law Regarding the Regulation of the Employment Relationship, commonly known as the UAE Labour Law. UAE Tightens Labor Law: Companies Fined Up to Dh1 Million for Hiring Visit Visa Holders The UAE government has introduced a significant amendment to its labor law, imposing hefty fines on employers who hire workers without proper permits.
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
