FAQ From MOHRE (UAE Labour Law)
FAQ From MOHRE (UAE Labour Law)
5. What are the hazardous or hard works that are not allowed for Juveniles in work?
A decision shall be issued according to the works.
6. What are the controls of individuals' employment in charitable, educational and training
institutions?
The controls thereof shall be set in accordance with Implementing Regulation.
2. Was a decree issued by the Minister that regulated the works where recruitment and
employment of labor are prohibited?
No.
1. What are the type of full-time and work hours in the employment contract ?
The work hours in a fixed-term contract shall be regulated by the Implementing Regulation.
3. What are the contract type and work hours in temporary work?
The contract type and work hours in temporary work shall be regulated by the Implementing
Regulation.
4. What are the contract type and work hours in Flexible Work?
The contract type and work hours in Flexible Work shall be regulated by the Implementing
Regulation.
1. Were the contract forms modified, and how we may obtain a copy of the form?
Yes, contract forms shall be available on electronic system of work license application according
to each type of employment.
2. May the employee issue an approved copy of the employment contract, if the employer
does not issue an employment contract approved by the Ministry?
Yes, in case of occurring a dispute, a labor complaint shall be submitted and referred to the court
to prove execution of employment contract.
1. What is the probation period duration that may be agreed upon between the parties?
The probation period shall not exceed 6 months, and may be agreed on probation period less than
(6/5/4/3/2/1months).
3. May the employer terminate the employee’s contract during the probation period?
Yes, the employer may terminate the employee’s contract, provided that the employer shall send
a prior notice of 14 days before the termination of the contract.
5. May the employee leave the work during the probation period for working with another
employer?
Yes, the employee may leave work during the probation period, provided that the employee shall
notify the employer in writing for a period no less than one month, or according to what was
established in the contract.
6. May the parties agree on a non-compensation clause in case of the termination of the
contract during the probation period?
Yes, the parties may agree on a non-compensation clause.
7. What is the method of compensating the original employer in case of moving to a new
work, and what is the compensation value?
The compensation of the original employer shall be regulated and agreed by mutual approval
between the parties (the original employer / the new employer) on the compensation money and
the payment method.
8. If the employee desires to terminate the contract for leaving the state, shall the employee
notify the employer one month before the date of contract termination?
Yes, the employee shall notify the employer at least 14 days before the date of contract
termination.
11. May the parties (the employee/employer) agree on non-compensation clauses within the
additional clauses of the contract?
Yes, the parties (the employee/employer) may agree on non-compensation clauses within the
additional clauses of the contract.
12. If the employee or the employer does not comply with the notice period during the
probation period, shall the compensation be paid to the other party?
Yes, if the party terminated the contract without prior notice, this party shall pay compensation
money that is equal to the employee’s total salary for the notice period or the remaining period
thereof, whichever is less
13. If the employee terminates the contract without complying with prior notice of
termination clause, shall the ban be applied on the employee?
Yes, if the employee does not comply with prior notice of termination clause and does not attend
to work during the period thereof, the employee shall be banned from obtaining a new work
licence for one year from the date of leaving the state.
14. Shall the ban be cancelled for not complying with prior notice of termination clause and
not attending to work the period thereof?
Yes, under the approval of the original employer.
2. If there is a non-competition clause and the employee desires to join another job, may
the employee join another job?
Yes, the Law allows the employee to issue a new work licence, and if the employee›s decision
affects the employer, the employer may file a labour complaint to review the noncompetition
clause, and shall be reviewed before the court.
3. May the non-competition clause be regulated for the ordinary employee who is not
familiar with customer data and information?
No, the law stipulated that the employee shall review the data.
4. May the parties agree that the employee shall comply with the non-competition clause for
less than two years, and may be extended?
The effectiveness period of the non-competition clause may not exceed two years, and may not
be agreed between the parties for less than two years.
5. If the time, place and type of work are not mentioned within the non-competition clause,
shall the clause be void?
According to the court's discretion.
6. Shall the non-competition clause be valid if the employer violated his contractual and
legal obligations towards the employee?
Yes, the non-competition clause shall be void, and the employer may not dem.
Article (11) Employer’s outsourcing of work to another employer in some of his employees
1. If the original employer assigned tasks to another employer, who is responsible for
labour rights during that period?
The latter employer shall be responsible for these rights, and the parties shall mutually agree to
the contrary.
2. In case of a dispute over the rights of employees for that period, who is responsible
before the Ministry for those rights?
The original employer shall be responsible for these rights, unless it was agreed that the new
employer shall adhere to the responsibility.
1. May the employer assign the employee to tasks that are fundamentally different from the
tasks agreed upon in the employment contract?
The employer may not assign the employee to tasks that are fundamentally different from the
tasks agreed upon in the employment contract, except with the employee’s approval. the
employee shall be obliged to carry out the tasks, if the tasks may prevent the occurrence of an
accident or repair any defaults, provided that the tasks shall be limited to a period of time, and
the Implementing Regulation shall regulate thereof.
2. What is the procedure in case the employer seizes the passport or official documents of
the employee?
The employee may file a labour complaint, and the employee may also file a petition with the
competent judicial departments in this regard.
3. May the employer force the employee to leave the state after the end of the employment
contract?
The employer may not compel the employee to leave the state if the employee desires to join a
new employer in the event that the employee complies with the procedures stipulated regarding
the termination of the employment contract.
5. Is the employer obligated to pay the medical costs of the employee for a non-
occupational disease?
Yes, according to the valid legislation in this regard for each emirate, and the parties may be
agreed that the employer bears the medical costs in the Emirates where there is no health
insurance system.
6. Does the employer bear the expenses, insurances, contributions and guarantees associated
with the labour relationship?
Yes, the employer bears the financial costs in accordance with the provisions of the legislation.
7. What are the cases allowed for the employee to work for third parties?
The law shall allow for some work to be assigned to another employer after the approval of the
original employer in accordance with mutual agreement, or by issuing a licence that permits the
employee to work for another employer in addition to the original work licence. The
Implementing Regulation shall regulate thereof.
8. Shall the employer grant the employee an experience certificate after the end of the
employment contract?
Yes, at the request of the employee, provided that the experience certificate shall include the date
of work commencement, the date of work termination, total period of his service, job title or type
of performed work, the last received salary, and the reason for the termination of the work
contract; the experience certificate shall not include what might abuse the reputation of the
employee or reduce his job opportunities.
9. Shall the employee pay the employer any fees to issue the experience certificate?
There is no financial compensation, and the employer shall hand over the employee the
certificate without receiving any fees.
11. In case the employer refuses to issue an experience certificate, what is the procedure that
the employee shall take to obtain the experience certificate?
The employee shall file a labour complaint.
12. If the employer terminates the contract in accordance with the termination clause
(sending a prior notice of termination and working during the notice period), does the
employer bear the costs of the employee’s departure ticket to another state?
The employee who unilaterally terminates the employment contract shall not receive a return
ticket.
13. In case of expiring the contract term, shall the employer provide a ticket for the
employee to return to his homeland?
Yes, according to the expiry of the fixed-term contract.
14. If the employer violates the termination of the contract and his contractual obligations,
who bears the costs of the employee’s departure ticket for another state?
The employer who violated his obligations or who terminated the employment contract shall
bear the costs of the employee’s departure ticket for another state.
15. May the parties agree to determine the destination of the employee’s departure, even if
the state is different from the recruitment state?
Yes, the parties may agree to determine the destination of the employee’s departure, even if the
state is different from the recruitment state according to the mutual agreement.
16. Shall the employer be obligated to provide a travel ticket if the employee works for a new
employer?
The employer shall not be obligated to provide the ticket if the employee did not leave the state
or worked for a new employer.
1. In case of occurring harassment, bullying or violence, what is the procedure that the
employee shall take?
The employee may file a labor complaint before the Ministry in this regard, and the employee
may also file complaints before the competent authorities in the state.
1. May the legal heirs of the deceased employee file a labor complaint to claim labor
rights?
Yes, with proof of death and a power of attorney from the legal heirs.
2. May the parties agree in advance on the person authorized to receive the dues in the event
of the employee's death?
Yes, according to written approval.
3. Does the employer bear the costs of transporting the corpse in all cases of death, even if
the death was caused by the employee or by an external cause that does not relate to the
work?
Yes, the employer bears the costs of transporting the corpse in all cases of death.
4. What are the procedures carried out by the Ministry to deliver the dues of the deceased
employee?
A method shall be regulated to deliver the dues after the issuance of the Implementing
Regulation.
1. What is the permitted period of the residence evacuation after the termination of the
employment contract?
The employee shall evacuate the residence within thirty days from the date of termination of
employment contract and receiving the labor dues.
3. Shall the employee residence be extended after thirty days from the termination of the
employment contract?
Yes, provided that the employer agrees, and the employer may receive a fee according to mutual
agreement.
1. What are the categories that allow the employee to work more or less than 8 hours?
The Implementing Regulation shall be regulated thereof.
2. Shall the transportation period of the employee from the residence to the workplace be
considered within work hours?
This period shall not be considered within the work hours, except for some categories stipulated
by the Implementing Regulation.
Shall the employer and the employee agree on more than one day off per week?
Yes, according to mutual agreement between the parties in the employment contract.
If the fines exceed %5, May the deduction be completed for the following month?
Yes, the other parts may be transferred to meet the value of the fines for the following months.
1. If the employer does not provide the employee with the job tasks, shall the employee be
entitled to receive salary?
Yes, the employee shall be entitled to receive the agreed salary, as the employer is obligated to
provide the employee with the job tasks.
2. What are the procedures followed by the employee if the employer does not provide
work for the employee?
There is no minimum salary, the salary shall be subject to the mutual agreement between the
parties.
1. Shall the employee’s right to leave be affected by the period prior to the issuance of the
Law?
The previous rights shall not be as stipulated in the annual leave regulations.
3. If the employee did not pass the probation period, may the employee take leave?
Yes, the leave shall be two days for each month of the work period.
4. May the leave balance be carried forward for the following year?
Yes, the employee is entitled to receive allowance for his annual leave period.
6. Does the method of calculating the leave allowance differ in case of continuing or
terminating the employment contract?
There is no difference in calculating the value of the leave allowance, whether in case of
continuing or terminating the employment contract.
7. If the employee leaves work, is the employee entitled to be compensated for the
remaining leave?
The female employee is entitled to a maternity leave of (45) days fully paid and 15 days with
half salary.
2. Is the maternity leave different for a female employee who has less than or more than a
year
No, the female employee is entitled to obtain maternity leave even if the same within the
probation period.
3. Does a female employee who gives birth to a stillborn deserve a maternity leave?
It is a leave of 30 days fully paid starting after the end of the maternity leave period.
5. If the female employee works for another employer within the period of maternity leave
and its attachments, may the employer recover for the leave allowance?
Yes, if it is established that the female employee worked for another employer within the leave
period, the employer may recover the paid fund or deduct the leave wage.
The employee is not entitled to obtain sick leave during the probationary period. If the employee
obtains a sick leave under a medical report within the probationary period, this period shall be
unpaid leave.
10 days per year to perform exams in one of the educational organizations approved in the state,
provided that the employee completes two years with the employer.
It is the leave that the employee receives after the approval by the employer. It is without pay
and is regulated within the implementing regulation
Article (35) Applicability of the period of notice in case of termination of contract during
the period of leave
May the employment relationship be terminated within the period of leave?
Yes, each employee or the employer are entitled to terminate the employment relationship by
submitting resignation or dismissal, provided that the period of notice starts as of the date of the
first working day after the end of the leave period.
2. Is the employee entitled to obtain a wage within the treatment period as a result of a
work injury?
Yes, the employee is entitled to obtain a full wage within the treatment period or 6 months,
whichever is less, and half of the wage for the following six months until his recovery, death, or
total or partial disability.
3. What are the cases in which the employee is not entitled to compensation for a work
injury?
A. Written notice.
B. Written warning.
C. Deducting the wage does not exceed the wage of (5) five days per month.
D. Suspension for a period not exceeding (14) fourteen days, and does not pay wages for the
days of suspension.
E. Deducting of the periodic bonus for a period not exceeding one year, for organizations
adopting the system of periodic bonuses that the employee is entitled to obtain the same in
accordance with the provisions of the employment contract or the organization›s regulations.
F. Withholding of promotion, in the organizations adopting a promotion system, for a period not
exceeding two years.
Yes, provided that the suspension period does not exceed 30 days, and the suspension of half of
the worker’s wages within the suspension period. In case it is established that the worker is
compliant, the employee shall be entitled to the remainder of the wage within the period.
3. Upon the request of each party provided that the provisions of this Decree-Law regarding
termination of the employment contract and the notice period agreed upon herein shall be
complied.
4. The death of the employer if the subject matter of the contract is related to his capacity.
5. The death of the employer or his permanent total incapacity to work under a certificate issued
by the medical authority.
6. The employer was sentenced by a final judgment to custodial penalty for a period of no less
than (3) three months.
7. Closing the facility permanently, in accordance with the valid legislation in the state.
9. The employer is not complying with the conditions for renewing the work permit for any
reason beyond the control of the employer.
1. What is the period that two parties may agree on hereof regarding the notice term?
Two parties may agree on a notice term, whether (90/60/30) and it shall be parallel for two
parties.
2. Can an employer be absent from work within the notice term to look for work?
Yes, the employer may be absent for one day per week without pay, provided that the employer
is notified at least three days in advance.
What are the cases in which the employer may dismiss the employee without notice?
4. The employee’s failure to perform his basic duties in accordance with the employment
contract, and the continuation of breaching the duties although conducting a written
investigation with the employee for this reason, and warning hereof twice of dismissal if it
happens again.
6. During working hours, the employee suffers from diabetes or psychotropic substances, or
committing an act against public morals in the workplace.
7. Assaulting the employees, during work, on the employer, the relevant manager, one of
his superiors or his co-employees, verbally or indeed, or any form of assault punishable
under the legislation applicable in the state.
8. Absence of the employee without a legitimate reason or excuse accepted by the employer
for more than (20) twenty intermittent days during one year, or more than (7) seven
consecutive days.
9. Exploiting the employee illegally his job position to obtain results and personal gains.
What are the cases of termination of the employment relationship without a notice to the
employer?
1. Breaching of his obligations towards the employee stipulated herein, this Decree-Law, or
the decisions issued in implementation thereof by the employee, provided that the employee
notified the Ministry fourteen (14) working days prior to the date of leaving work without
removing the effects resulting from this breach by the employer despite being notified by the
Ministry.
2. It is established that the employer or his legal representative assaulted the employee or
subjected to violence or harassment during work, provided that the employer informs the
relevant authorities and the Ministry within (5) five working days as of the date he notices.
3. If a serious danger in the workplace threatens the safety or health of the employee
provided that the employer knows the same, and no measures were taken by the employee for
the purpose of indicating its removal. The Executive Regulations of this Decree-Law shall
specify the controls for grave danger.
4. Assigning the employer to the employee for implementing the work which is
fundamentally different from the work agreed upon under the employment contract, without
the employee’s written consent, except for cases of necessity in accordance with the
provisions of Article No. 12 of the Decree-Law.
May it be agreed between the parties that the employment relationship terminates due to lack of
medical fitness?
The previous employer shall not be responsible but the new employer shall be responsible for all
legal obligations.
1. When will the one-year ban periods begin in cases of work absence?
The period of the ban begins for one year as of the decision on the application to be absent.
2. Any job titles and categories are excluded from the ban cases for work absence?
3. What is the period of absence for which the employer notifies an employee?
The executive regulations shall regulate the period in which the employer shall inform the
Ministry of the absence.
Article (51) End of service benefit of full-time employees
1. Is the end of service gratuity calculated according to the basic or total salary?
The end of service gratuity shall be calculated on the last due basic wage of the employee.
The end-of-service gratuity shall be calculated on 21 days for each year for each employee who
completed work with the employer for a period exceeding one year and to complete the fifth
year, and thirty days for the following period, provided that the total wage did not exceed 24
months.
3. Are the unpaid days of absence counted as part of the end of service gratuity?
The unpaid days of absence shall not count in the end of service gratuity. .
4. May the amount of deductions or advances be deducted from the end-of-service gratuity?
Article (52) End of service benefit for employees in other work patterns
1. What is the method of calculating the end of service gratuity in other types?
The calculation of the end-of-service gratuity shall be organized within the executive regulations.
In case the employer fails to pay the dues to the employee within 14 days, what is the procedure
implemented by the employee?
If the employer did not comply with the labor dues within 14 days, the employee shall submit a
labor complaint.
2. What are the procedures that the Ministry may take against the organization to avoid a
collective dispute as a result of individual disputes?
3. What exactly was understood by the case not being heard after one year as of the due
date of the right?
Whereas, the right to claim is forfeited by limitation after one year passed from the due date and
each party is not entitled to claim.
The labor complaint shall be submitted for free with the Ministry as for the lawsuits are referred
by the Ministry, they are subject to the stipulated fees law and the fees of the local laws of each
emirate (Dubai, Abu Dhabi, Ras Al Khaimah)
Article (60)
What are the cases in which fines and its value shall be imposed on employers?
A fine of AED 50,000 and a maximum of AED 200,000 in the cases, as follows:
5. 3.Using work permits for purposes other than those for which they were issued.
6. 4.Closing an origination or suspending its activity without taking the procedures for
settling the rights of employees, in violation of the provisions of this Decree-Law, its
Executive Regulations and the decisions issued in implementation thereof.
8. 6.The person who agrees to employ a juvenile in violation of the provisions of this
Decree-Law, who has the guardianship or trusteeship of the juvenile.
1. Should the employer amend the indefinite contracts and the renewed and specified
contracts to the new contract forms based on this law?
Yes, the employer shall, within a year as of the date of the applicable law, amend the
employment contracts of his employees.
2. What method of calculating the end of service gratuity in contracts for an unlimited
period in accordance with implementing the law?
The calculation of the dues of the end-of-service gratuity shall be in accordance with the
previous law for the period prior to the update of the contract. In case the labor relationship
continues, it shall be based on the provisions of the new law.
May the parties complain against decisions made by the Ministry in accordance with the
procedures established by the implementing regulations of the Decree-Law?