The United Arab Emirates (UAE) provides amazing job offers to expats. Therefore, the country has created new labour reforms to ensure every individual is safe and working happily in the UAE. The latest move in the UAE labour reforms has enhanced transparency, fairness, and flexibility for everyone in the workplace. The Federal Decree-Law No. 33 of 2021 has evolved the dynamics of labour relations within the public and private sectors. Those laws align with international labour standards; therefore, the UAE government is not worried about their implementation in the region.
Legal Services in Employment
The latest legal reforms in employment have addressed issues of leaves, working hours, termination rights, dispute resolutions, and discrimination at the workplace. Despite these flexible reforms, the lawyers in Dubai are hired by employers and employees to comply with the UAE labour laws.
Primary Goals of the New Labour Law
The objectives of the new UAE labour laws have focused on the flexibility of the labour market, protecting employee rights, addressing discrimination at the workplace, and promoting inclusivity and gender equality in the corporate sector. It has also created different formats for employment, ranging from full-time contracts to temporary contracts. However, Dubai law firms have reviewed these goals to keep themselves updated with the latest employment laws.
New Labour Laws in the UAE
1. New Employment Contract Structures
The employment agreements are no longer on unlimited-term contracts. The shift is made to the fixed-term contracts. The employment contract is valid for three years. It can be later renewed through a mutual agreement. The changed legal reforms have also redefined the notice periods, gratuity, and rights of employees and employers at the time of contract expiry. The lawyers in Dubai are available to help the employees and employers with the employment contracts. They protect the rights of both parties, ensuring each of them knows their roles and responsibilities in the corporate sector.
2. Flexible Work Models
The flexible models of work, allow individuals to have a good work-life balance. These formats range from full-time to part-time, including temporary contracts and flexible or remote work from home. These formats allow employers and employees to make a personalised employment contract that is agreed upon mutually. The Dubai law firms make work arrangements for companies and individuals, ensuring legal compliance with the UAE labour laws.
3. Non-Discrimination and Equal Pay
The discrimination for salaries in the UAE has also finished. The men and women will earn the same in the same role, irrespective of their religion, nationality, or disability. The phenomenal approach to equal pay for equal work aims to remove the gender pay gaps in all industries. Moreover, the policy has also empowered women in the UAE. Failure to comply with the new labour law for salaries; will lead to serious legal consequences. However, the parties can involve lawyers in Dubai to settle the issue, amicably.
4. Expanded Leave Policies
The employees in the UAE can take extended leaves as they are categorized. The annual leaves can be taken for a month but can be obtained after serving one year in the company. The maternity leave is given for 60 days, out of which 45 days are full-paid leaves, and 15 days are half-paid leaves. Fathers of newborn children can take a five-day leave under paternity leave. A bereavement leave can be taken for up to three days, depending on the relationship with the deceased. Employees pursuing education with the job are allowed to take 10 days leave within a year if they have served at least two years in the company.
Termination, Probation, and Notice Periods
1. Termination and Resignation
Termination and resignation are the rights of the employer and the employee. These rights are to be opted in a structured manner. An employee can terminated from the job if the employer has a solid reason behind termination. The reasons could be the misconduct of the employee if proven after the investigation. However, a company wanting to terminate the employee without a reason must provide a month’s notice period and compensation to the employee. In some cases, the employee might want to resign and so will need to provide written notice before resigning from the job. If there is a wrongful termination, the lawyers in Dubai will ensure to get compensation of three months’ salary for their clients.
2. Probation Period
The probation period is up to 6 months in the UAE. The timeline is provided to the employer and employer and if they wish to end the contract, it can be done with 14 days’ notice. However, if the employee is switching a job in the UAE, then, they have to serve 30 days notice period. Dubai law firms can guide employees and employers on employment contracts and templates.
Workplace Harassment and Bullying
The UAE government wants to keep employment a safe practice in all the emirates, regardless of the gender of an employee. However, the new labour law has emphasized serious legal repercussions if any kind of harassment or bullying takes place in the professional environment. Dubai law firms are well versed in workplace safety rules.
Dispute Resolution and Legal Procedures
The employment disputes in the UAE are resolved through labour courts or the Ministry of Human Resources and Emiratisation (MoHRE) is involved. The legal process for dispute resolution is to file a complaint at the MoHRE or the labour court. Go for mediation services to resolve the conflict, amicably. If the problem is not resolved within 14 days, it is referred to the court. The judge in the court will review all the legal evidence and testimonies to ensure fair judgment. Individuals who do not agree with the verdict of the court can make an appeal with the help of lawyers in Dubai.
FAQs
- What is the biggest change in the new UAE Labour Law?
Employment contracts changing from unlimited contracts to fixed-term contracts are an impactful change. It will have a positive effect on the employees who want to switch their jobs after some time. Moreover, these contracts can be renewed after three years.
- Do all employment contracts need to be rewritten?
As per the new employment rules, the employers have to renew all the existing and potential employment contracts. They can get help from Dubai law firms to draft all those employment contracts.
- Can an employee resign during probation under the new law?
The employee can resign from the job within the first six months. However, they have to serve 14 14-day notice period if they plan to move out of the UAE, otherwise 30 days to change the job within the UAE.
- What happens if my employer does not pay my end-of-service gratuity?
Gratuity is the right of every employee. It is calculated after serving the first year in the company. The lawyers in Dubai can help employees in getting compensation for gratuity.
- Is harassment at work punishable under the new law?
The new labour law ensures a safe workplace. If anyone is found harassing employees or employees in a professional environment, they will face serious legal consequences. They can be imprisoned or have to pay a financial penalty. The victims of workplace harassment can seek legal services from Dubai law firms.
