Persons holding senior executive managerial or supervisory positions, if such positions confer upon the incumbents the powers of an employer over workers. The categories in question shall be specified by resolution of the Minister of Labour and Social Affairs.
Employers can request employees to work on a Friday. In these circumstances, Article 70 of the UAE Labour Law states that the employee will be entitled to: A substitute rest day. Or, 150% of their daily wage.
Under Article 117 of the UAE Labour Law, a company may terminate an unlimited term employment contract for a valid reason at any time by providing at least 30 calendar days' notice of termination to the employee (or longer if the employment contract provides for a longer notice period).
Article 17 of the Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, the 'UAE Labour Law' identifies the normal working hours for the private sector as 8 hours per day, or 48 hours per week.
Article 27 of the New Law will set a minimum wage, (as per current Labor Law there is no minimum wage). The minimum salary amount has yet to be announced shall be determined by the UAE Cabinet following a proposal by the Minister of Human Resources and Emiratisation.
Art. 79 UAE Labor Law explains that unused annual leave will be calculated based on the employee's salary at the end of his period of service. This includes also the allowances for transport, housing, etc. Therefore, the calculation of unused annual leave after termination will be on full salary including allowances.
End of service benefits under full time contracts
As per Article 51 of the UAE Labour Law, end of service benefits for foreign workers working in the private sector will be as follows: The worker is entitled to a gratuity for the served fraction of a year, provided that he completes one year of continuous service.
The employee must be granted an annual leave during each year of service which may not be less than: (a) Two days per month in respect of any employee with more than six months and less than one year of service. (b) Thirty days per annum in respect of any employee whose period of service exceeds one year.
As per Article 19 of the law (The employer may instruct the worker to work overtime over the normal working hours, provided that they do not exceed two hours per day.
The worker is entitled to a full salary before taking his or her annual leave. Article 80 cites that “the employer shall pay to the employee, prior to the annual leave thereof, the entire wage due thereto in addition to the leave pay determined by virtue of the provisions hereof.”
As per Article 141, if the establishment has a retirement system, an insurance or any similar scheme, the employee has an option to chose between the more beneficial retirement scheme or severance pay.
UAE Labour Law, Article 77
Holidays for which provisions has been made by Law or agreement or any other days of absence from work on account of sickness shall be reckoned as part of the annual leave if such holidays fall within the annual leave.
According to Article 74 of Federal Law No. 8 of 1980, all employees are entitled to an official holiday with full remuneration for official holidays announced by the UAE government.
Article (47) – Arbitrary Dismissal
A dismissal of a worker by his employer shall be arbitrary if the worker submits a serious complaint to the Ministry or files an action proven to be valid against the employer. 2.
Under Article 61 of the U.A.E. Labor Law, the employee shall reimburse the company for the incurred damages in the amount that shall not exceed five days pay each month.
Such payment shall be calculated on the basis of the wages paid to the worker at the time when the leave was accrued. Article 78 states that: The worker shall receive a basic wage and a housing allowance, if any, for the days of annual leave.
Article 55(1) of the New Law provides that where an employee has a claim against their employer and the claim does not exceed AED 100,000, then any court fees which would be normally payable by the employee are waived.
UAE Labour Law's Article 82 states that it is necessary for the employees in the country to inform their employer about their sickness within two days. Employers also have the right to ask for a medical report as evidence.
Termination of contract without notice by the employer
Article 44 of the UAE Labour Law mentions that an employer may terminate the services of the employee without notice, if the latter: adopts a false identity or submits forged documents or certificates.
As per Article 54 of the same law, a male employee who gets a child is entitled to paid paternity leave for three days during the month of the delivery if the delivery happens in the UAE.
According to Article 45, a worker can resign without notice in the following situations: 1. If your employer has violated your rights – as mentioned in the Labour Law, its executive resolutions or in your contract.
Read about the provisions for official leaves and vacations. As per Article 21 of the UAE labour Law, employees of the private sector are entitled to at least, one day of paid rest per week as specified in the employment contract or work regulations of the company.
Shall be sentenced to a fine of no less than Dh20,000 and no more than Dh100,000, whoever: 1. Provides false information or document with the intent to bring a foreigner to the UAE for employment.
According to Article 41 of the Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, the 'UAE Labour Law', No disciplinary sanction may be imposed on the worker for an act perpetrated outside the work place, unless such act is connected to the work.