Labor Law Ar
Labor Law
The labour law primarily dictates employee work hours, wages and salaries, vacation days, sick leave, workplace safety standards, and more. All employees are subject to the UAE labour law regardless of their status as citizens or residents.
Furthermore, all commercial industries are subject to labour and employment laws. The UAE’s labour force is exceptionally diverse. As such, the details and specifications of said labour laws are considerate and protective of all employee backgrounds, nationalities, and religious views.
Labor Lawyers
Our team of labour attorneys in Dubai has an extensive understanding of and significant experience practising UAE labour law, including advising both foreign and local clients on intricate employment and labour issues.
We also assist many corporations and businesses with their labour concerns by advising them on the various workplace rights of the employees as well as cases of illegal and unfair termination. Some of the areas we have successfully assisted clients in are:
- Representation in arbitration procedures
- Representing the client in arbitration-related court proceedings
- Recognition and enforcement of arbitral awards
- Advising on arbitration-related matters
We help small and medium-sized local businesses manage their human resource policies and make sure they follow UAE labour and employment laws.
Our Professional Services Include the following:
Our multi-disciplined team is highly adept in the practice of labour law, and this is why our clients commend us on our friendly, knowledgeable approach to dispute resolution. We provide legal services to address the following labour issues:
- Unpaid Wage/Salary Recovery
- Workplace Injury
- Workplace Discrimination
- Unfair Dismissal
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FAQs
The employer may employ the worker for additional hours, not exceeding two hours per day.
– The employer may employ the worker for additional hours, not exceeding two hours per day, unless it is necessary to prevent a serious loss or incident or to eliminate or investigate its effects. In any case, the total working hours should not exceed 144 hours every 3 weeks.
– Additionally, there are certain categories that have been exempted from these provisions regarding the maximum number of hours.
First, the employee’s work must be the enabling factor in encountering the employer’s clients or knowing the secrets behind the work involved. In this case, the employer may require the worker in the contract to not compete with him or participate in any competing project after the expiry of the contract between them. However, the condition must be specific to the place, time, and type of work to the extent necessary to protect legitimate business interests and should not exceed the non-competition period, which is two years from the date of the contract’s expiry. In order for the employer to be entitled to compensation for the worker’s breach of the non-competition clause, he must prove the damages resulting from the aforementioned breach.
– The worker or the new employer paying compensation not exceeding 3 months of the worker’s wage according to his last contract with the employer.
– Expiry of the contract during the trial period.- Any occupational categories according to the needs of the labor market in the country by a decision issued by the Minister.
– In the event that the employer wishes to terminate the worker’s service during the probationary period, the employer must notify the worker in writing at least (14 days) before the date specified for termination of service.
– In the event that the worker wishes to move during the probationary period to work for another employer in the country, the worker must notify the employer of this in writing for a period no less than one month from the date of his desire to terminate the contract, and the new employer is obligated to compensate the original employer by assigning recruitment and contracting unless otherwise agreed upon.
– In the event that the foreign worker wishes to terminate the employment contract during the probationary period to leave the country, he must notify the employer of this in writing (14 days) prior to the date specified for the termination of the contract. In this case, if he wishes to return to the country again and obtain a new work permit within three months from the date of departure, the new employer is obligated to provide compensation in accordance with the above-mentioned paragraph.
Article 54, paragraph 7 of the Labor Law states: “A lawsuit shall not be heard about any of the rights arising under the provisions of this Decree-Law after the lapse of one year from the date of entitlement of the right in question.
First: Juveniles are those under fifteen (15) years of age.
Second: Yes, it is permissible to employ juveniles, but with the following conditions:
– Written consent of the person who has guardianship over him.
– A health fitness certificate.
– The working hours shall not exceed 6 hours per day, and they must include one or more rest periods of no less than an hour, such that the juvenile does not work more than 4 consecutive hours.
– No assigning work between the hours of 7 pm and 7 am.
– No assigning dangerous or hard work.
– No assigning overtime working hours or work on rest days and official holidays.
– If the working conditions require the worker to work for more than the standard working hours, the worker shall be entitled to a wage equal to the wages of normal working hours (according to the basic wage) plus an increase of no less than 25% of that wage.
– However, if work conditions require the worker to work overtime between ten o’clock in the evening and four in the morning, the worker shall be entitled to a wage equal to the wage of normal working hours (according to the basic wage) plus an increase of no less than 50% of that wage. (Shift workers are excluded from this item). However, if working conditions require the worker to work on a rest day as specified in the work contract or work regulations, he must be compensated with another rest day or paid a wage equal to the regular hourly wage (according to the basic wage) plus an increase of no less than 50% of that wage.
Yes, but if work conditions require the worker to be employed during any official holidays, the employer must compensate him with another day of rest for each day worked during the holiday, or pay him that day’s wage in addition to an increase of no less than 50% of the basic wage.
– A full-time worker who has completed a year or more in continuous service is entitled to an end-of-service gratuity upon the termination of his service.
– If the worker has worked for less than one year, he is not entitled to an end-of-service gratuity.
– If the worker has worked for less than five years, he shall be entitled to twenty-one days’ wages for each year of service.
– If the worker has worked for more than five years, he shall be entitled to thirty days’ wages for each year exceeding the first five years.
– It is an aforementioned stipulation that the total remuneration does not exceed two years’ wages.
According to Article 51 of the Labor Law, the end of service for foreigners working in the state is calculated according to the following provisions:
– A worker who has completed a year or more in continuous service is entitled to an end-of-service gratuity upon the end of his service, with the days of absence from work without pay not included in the calculation of the service period.
– The worker is entitled to an end-of-service gratuity for the fractions of the year, in proportion to what he spent at work, provided that he has completed one year of continuous service.
– The end-of-service gratuity is calculated based on the value of the last basic salary received by the employee, meaning that basic salary allocations such as housing, transportation, utilities, and furniture are not included.
– The employer shall pay the worker, within (14) days from the end of the contract, all his wages, other entitlements, and end-of-service benefits stipulated in the Labor Law and the decisions implementing it, the work contract, and the establishment’s system.
– The employer may deduct from the end-of-service gratuity any amounts due to him from the worker.