Uae labor law book 2016 article 132

There are special labour related regulations applicable in some of the free zones in the uae, such as the jebel ali free zone. Ministry of human resources and emiratization innovation award third cycle 2018 2019 happiest work environment award. The new labour law has replaced the existing kafala system with contract based system which from now onwards will govern the employer. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Small companies to business owners and employees generally have to navigate the complex and somewhat unique labour law of the uae. As per uae labour law article 2, section 2, if worker resigns with less than a year of service, heshe will not get any gratuity. Non nationals may not engage in any work within the state except in accordance with the conditions stipulated in this law and its executive orders. The aim of the portal is to improve understanding of the uae s laws and legal system. A thorough understanding of the uae labor law can facilitate healthier and more. As per article 2 of the uae labour law, an employee who completes one year or more in continuous service shall be entitled to gratuity at the end of his service. Anyone of both parties may terminate the employment contract under unlimited term with a 30 days notice period. Oct 12, 2016 employment issues in the uae are governed by federal law no.

The article sheds light on the relevant provisions of the limited and unlimited contracts in the uae labour law pertaining to resignation, termination of employment, notice period. Uae 1,643 qatar 356 saudi arabia 674 browse all jobs find top talent. Please keep in mind that gratuity is only applicable when an employee completes 1 year of service with a company, so as per uae labor law article 2, section 2, if worker resigns with less than a year of service, heshe will not get any gratuity. According to article 3 of the law, the law applies to all staff and employees working in the uae, whether uae nationals or. The oman labour law, stipulated by royal decree 352003, is the primary source of law dealing with labour and employment related issues in the sultanate of oman. Understanding endofservice benefits in the uae entrepreneur. Download qatar labor law pdf download download the permanent constitution of the state of qatar download download government hr law no.

The following text comes from the uae ministry of labour s uae. Also, the law states that you are entitled to a paid rest day after working a maximum of six consecutive days. Please keep in mind that gratuity is only applicable when an employee completes 1 year of service with a company. This guide to law online united arab emirates contains a selection of emirati legal, juridical, and governmental sources accessible through the internet. Employment issues in the uae are governed by federal law no. The uae commercial companies law in focus the new uae commercial companies law 2015 the ccl has now been in force for some. The new changes included a standard work contract, conditions of terminating contract, and procedures for work permits. Under article 121, the employee could leave the work without notice if the employer breaches his obligations, as outlined in the contract, or the employer or the legal representative thereof assault the worker, according to the gulf news the uae ministerial decree 766 of 2015 issuing of new work permits unlimited contract states that new visas will be granted i. How to calculate gratuity as per uae labour law uae labours.

Ask kabayan philippine overseas labor office in dubai. Understanding uae employment law and labour laws sta law firm. Provisions of limited and unlimited labour contracts in the uae. Labour law familiar as labor law or employment law negotiates the association between employees, trade. Business regulations related to mainland companies. Work is a right of the united arab emirates nationals. In fulfillment of the provisions of article 2, cases of employment preceding the effective. How to calculate overtime as per uae labour law,overtime. According to article 3 of the law, the law applies to all staff and employees working in the united arab emirates, whether uae national or expatriate.

This new year kickstarted on a friday with every eye focusing on the blazing night sky filled with dubais world famous firework show. Jun 11, 2016 under uae labour law, article 67, article 68, article 68, article 69, article 70, article 71 and article 72 cover how to calculate overtime. Repatriation expenses to the home country of the employee, according to the labour law or contract. For the purposes of article 2, no severance pay shall accrue for the employment. There will, however, be a cost in leaving as any employee who breaks the terms of a fixed or limited contract is liable to pay a specified amount per article 116 of uae labour law which states. What is an unlimited contract in the uae labour laws. Labour regulations in the uae are governed by the uae labour law federal law no. Uae to enforce new labor law from 2016 law firm in dubai.

According to article 2 of the law amended by federal law no. According to article 2 of the uae labour law, the worker who has completed one or more. Employer shall undertake to submit a bank guarantee to the competent labour department. No end of service gratuity for abu dhabi worker breaking. The ministry of labourthe ministry gifted employees of the country with a renewed interest in uaes employment market as well. Articles 2, 7, and 8 refer specifically to the calculation of gratuity. Following are the official uae labor law pdf articles that should be follow by both employer and employee which includes the full details of employment contract of workers, salaries of workers, occupational injuries during work, end of service gratuity, working hours, annual leaves, termination, resignation and much more. As far as weekends are concerned, be aware that your employer cannot make you work for more than two weekends. Uae workers seek clarification of new labour laws the national. Article 65 of the uae labour law states that the maximum number of ordinary working hours for adult workers shall be eight hours per day i. The worker having spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service. Under uae labour law, article 67, article 68, article 68, article 69, article 70, article 71 and article 72 cover how to calculate overtime. The minister of labor recently announced issuing three ministerial decrees which will be incorporated in the uae labor law which will be enabled starting with 2016.

Overtime in all cases is calculated based on gross salary. Jan 15, 2017 under article 37 of the difc law, difc employees benefit from a longer maternity leave than mainland company employees. By year, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 20, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005. Article 10 in the event of nonavailability of national workers, preference shall be given to. Uae labour law download uae labor law pdf uae labours. For the purposes of the article 2, cases of employment preceding the coming into force of the present law shall not be deemed cases for which the worker is entitled to an end of service gratuity. Additional research and analysis on the middle east employment market and hr practices can. Others may not by employed in the united arab emirates except as provided for in this law and its executive orders.

If an employee under a contract with limited period leaves his work at his own option before the end of the contract period, he shall not be entitled to end of. Breaking contract of uae employment comes at a cost. Ministerial decrees 764, 765 and 766 pave the way for improved labour relations by securing more stable practices governed by regulations that protect workers who are legally sponsored to enter the uae. Amendments of this royal decree, through various royal decrees and ministerial decisions, have been recurrently carried out, in order to better accord the relevant domestic. The labour law pdf 38p this note describes the following details related labour law. Dec 22, 2016 the united arab emirates uae announcement that it will transfer oversight for the recruitment of domestic workers from the interior ministry to the labor ministry is a positive step, human.

If the employer fails to abide by obligations under article. The ccl came into force 1 july 2015, repealing in its entirety the former uae commercial companies law no. Below is the labour law, as published by the uae ministry of labour with regards to termination of emplyment contracts. The full text version of the uae labor law including its amending texts is available on the site. Bellow are the result found in our site related to article 1 of uae labour law, we hope that the result will help you. Business regulations the official portal of the uae. It is unlawful for an employer to reduce an employees remunerations, except as provided under article 60 of the federal law no. On september 27, 2015, the ministry of labour introduced three decrees, which come into effect at the start of 2016, to ensure more transparency and clarity of the labor contracts and termination related issues, greater protection for employees and to provide for a more balanced and flexible work environment. I searched and referenced many places and i am happy to say that i have found an arabic version of uae labour law which you can download below. In accordance with article 2 of the labor code each worker who has completed one or more years of continuous service shall be entitled to end of service gratuity, although it should be noted that any day on which the worker was absent from work will not be included in the calculation of the service period. Labour matters in the uae are governed by federal law no. An overview of the centres three independent bodies and the associated laws and regulations the dubai international financial centre difc was launched in accordance with united arab emirates uae federal decree no.

Every employee is entitled to the national holidays that are announced in the united arab emirates for the public sector if the employer is a public sector entity or the private sector if the employer is a private sector entity. An employment relationship is a contractual relationship which, as a general rule, may be terminated by either party. Definitions article 1 this law shall be called the labor law. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. Can uae employers reduce salaries without new contracts. If you are employed in the uae, youd have surely heard about the new uae labour law or uae employment law that has been issued in 2016. An unlimited contract term is openended and may be terminated for various reasons under the uae labour law. Breaking contract of uae employment comes at a cost the. An unlimited contract has only a start date without any end date.

Under article 37 of the difc law, difc employees benefit from a longer maternity leave than mainland company employees. Yes, if you are terminated for reason other than mentioned in uae labour law article 120, you are eligible for 3 months compensation. Free zones in the uae some or all, check are not covered by uae labour law unless both employee and employer agree that it applies ref. New uae labour law 2017 2018 pdf,uae labor law employment law. The united arab emirates labor law website also contains resources for understanding the current economic situation in the uae labor law, migrant rights, and other helpful tools to assist with further analysis of labor related functions in the country. The legal portal has a menu which enables you to search under following links.

However, if the employee believes that the damages penalty are unfair or unjustifiable, the concerned employee is recommended to submit a formal complaint to the u. Uae gratuity calculation as per labour law 2019 emirati. The three decrees aim to regulate relations between employers and their employees, one of the decrees referring to the termination of employment contracts and the other one refers. The days of absence from work without pay shall not be included in the calculation of the period of service. The ministry enforced three new decrees collectively, the new law that is set to provide the employees with a more secure work. Uae labour law article the provisions of uae labour law uae labour law article 128 and 129 exempt nonnational employee who obtains prior approval of the minister of labour and social affairs before taking up another employment with the approval of the original employer. Article 1 of the uae labor law provides that a contract of employment shall terminate in any of the following cases. On march, 2016 this january, the uaes ministry of labor issued three decrees regulating labor conditions. Is waiver of end of service gratuity legal in the uae. Labor law, the employee shall reimburse the company for the incurred damages in the amount that shall not exceed five days pay each month. According to article 3 of the law, it applies to all employees working in the uae, whether uae nationals or expatriates. Welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. It confers no rights and imposes no obligations separate from those conferred or imposed by the original arabic legislation formally adopted and published.

According to the uae labor law, if you are willing to work extra hours, you should not go over two hours of overtime per day. New uae labor rules to come in effect from january 1, 2016. As per uae labour law, article 2, maximum gratuity amount for employee cannot exceed 2 years gross salary. Ministry of justice has a legal portal that contains most federal laws passed since 1971, available in both arabic and english. Article employees who are not uae nationals may be employed in the united arab emirates only after approval of the labour department and the obtainment of a work permit in accordance with the procedures decided by ministry of labour and social affairs. Bellow are the result found in our site related to uae labour law article 78, we hope that the result will help you. Article 3 of the uae labour law further states that a worker shall be entitled to a gratuity for the served fraction of a year, provided that she completes one year of continuous service. Bellow are the result found in our site related to uae labor law article 9, we hope that the result will help you. Hi guys, i have joined a free zone company on 6 december 2015. Employment laws and regulations in the private sector the official. Uae labour law article 1a1 added by federal law no. Article 65 of uae labour law states that the ordinary workhours for an adult worker is eight hours per day, i. Below is the original text of the uae federal labour law with the section on gratuity payments.

Dec 16, 2010 frequently asked questions uae labour law 146 u. Issues such as performance management, arbitrary dismissal and termination matters are high on the agenda. Extend labor law to domestic workers human rights watch. Work permits may only be granted if the following conditions are fulfilled. Employees who are not uae nationals may be employed in the united arab emirates only after. The type, amount, procedures and companies and establishments subject to this condition, as well as other relevant provisions shall be defined by a cabinet resolution. May 11, 2017 the uae labour law has set the number of working hours per week at 48 hours, and employers who compel workers to exceed this limit without paying them are violating labour rules. This is an interesting contrast to the uae labour law which. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high labour council and. If you are an employer or employee in uae, you must familiarise yourself with uae labour law as this is what guides your employment. The latest legal advice for your life in the uae search our database from employment to housing gulf news. New expat law end of kafala system qatars new labour law no 21 of 2015 regulating the entry, exit and residency of expatriates has come into force on 14th dec, 2016. Noncompete clause uae article 127 uae of labour law.

Article 2 the following terms and phrases, whenever mentioned in this law, shall have the meanings expressed next to them, unless the context requires otherwise. The uae labour law has set the number of working hours per week at 48 hours, and employers who compel workers to exceed this limit without paying them are violating labour rules. I got a good offer of a job that paid dh18,000 but was concerned about the law and couldnt understand the new rules, but i heard it. A worker who has completed one or more years of continuous service shall be entitled to severance pay at the. My company terminated me even though i did not violate any rules or do any misconduct or any of the reasons in the uae law to be terminated. According to article 3 of the law, the law applies to all employees and workers in the uae including uae nationals and expatriates. The uae labor law, article 2 a worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. This is clearly mentioned in the faq section of mol website. Ministry of labor, uae has announced a set of new labor laws, to come in effect from january 1, 2016. Nov 20, 2017 the uae labor law, article 2 a worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. Search for uae labour law article 127 pdf in our website welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain.