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UAE Labour Law

UAE Labour Law. Lara Hudson LL.B Chief Operations Officer. UAE Labour Law. Labour regulations in the UAE are governed by the UAE Labour Law - Federal Law No. 8 of 1980. Amendments include Federal Laws No. 24 of 1981, No. 15 of 1985 and No. 12 of 1986

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UAE Labour Law

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  1. UAE Labour Law Lara Hudson LL.B Chief Operations Officer

  2. UAE Labour Law • Labour regulations in the UAE are governed by the UAE Labour Law - Federal Law No. 8 of 1980. • Amendments include Federal Laws No. 24 of 1981, No. 15 of 1985 and No. 12 of 1986 • It is a FEDERAL Law – applies to the whole of the UAE

  3. APPLICATION OF UAE LABOR LAW To whom does the Law apply? • Staff and Workers • Members of armed forces • Domestic Servants • Agricultural workers Are partners in a business considered as employees? Are employees in the free zones subject to the Law? What aspects of the employer/ employee relationship does the Law deal with?

  4. THE CONDITIONS FOR EMPLOYMENT • Primary pre-requisites for employment - professionally competent for the position - legally within the UAE - physically healthy - not a ‘banned’ Nationality (Emirate dependent) (Syrians and Egyptians – Abu Dhabi, Bangladeshi – Dubai) • Application to be made to the ministry • Application to be approved by the ministry • Submit to the Ministry a bank guarantee/ pay deposit as security for end of services benefits and repatriation costs related to their employees

  5. Employment contracts for non-nationals must be drawn in the format approved by the Ministry of Labour on an application made by the employer. • A labour permit for an expatriate employee will not be issued by the Ministry unless a formal written labour contract is filed with the Ministry.

  6. SPECIFIC REQUIREMENTS - NURSERIES • MoSA approval to work – correct level of qualifications • DoHMS license – if a nurse • Occupational Health cards – Municipality, Public Health

  7. WORKING HOURS • Maximum ‘normal’ work hours – 8 hours per day/ 48 hours per week, can be increased to 9 hours per day with MoL approval. • Cannot work over 5 hours without a break – rest, eat, prayer (total - not less than one hour, not counted in work hours) • If an employee works more than ‘normal’ hours – overtime, remuneration is salary + 25% - must not exceed 2 hours per day • Friday is weekly ‘holiday’ – if employee must work it is salary +50% or one day off in lieu DOES THIS IMPACT YOUR SETTING?

  8. LEAVE – PUBLIC HOLIDAYS • Official leave with full pay:

  9. LEAVE - ANNUAL • Annual Leave – 2 days per month for an employee working over 6 months and under a year • 30 days per annum for those working over a year • Employer can determine commencement date for Annual Leave • Case Law shows that the Ministry of Labour has allowed up to 60 days annual leave to be carried over – but this is on a case by case basis

  10. SICK LEAVE • No entitlement in the first 6 months to PAID sick leave • If an employee has worked for 3 month POST probation, they are entitled to sick leave • Sick Leave entitlement is: • The first 15 days at FULL PAY • The next 30 days at HALF PAY • The subsequent period WITHOUT PAY • Employees sick leave entitlement is ‘no more than 90 days

  11. MATERNITY LEAVE • PAID (FULL PAY) maternity leave is 45 days – inclusive of time before and after delivery • To be entitled to PAID maternity leave, employee must have over a years ‘continuous service’ • If less than one years ‘continuous service’ then maternity leave is given at HALF PAY • On completion of maternity leave, a woman may take unpaid leave for up to 100 days more, UNPAID – is she is medically unfit for work – attested certificates required • NURSING mother – 2 X 30 minibreaks for 18 months following date of delivery – FNC Emirati women by law must breastfeed?

  12. RESIGNATION • If during 6 months probation – no notice necessary • If employee has worked more than 6 months – 30 days notice is required • Resignation must be made in writing Mainland to Mainland - automatic ban applies if employee has given less than 2 years service – employee can move to a freezone Mainland to Freezone– no automatic ban applies Freezone to Freezone– Freezone rules apply Freezone to Mainland – no automatic ban applies

  13. TERMINATION • Article 120 Termination – Employer can terminate contract without giving notice, no benefits • Article 121 – Employee can terminate contact without notice • Must give reasons for termination, if not it is ‘Arbitrary Termination’ which will result in employer paying employee 3 months salary as compensation • CANNOT terminate someone for health reasons without giving leave owed – Maternity?

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