The UAE Labor Law is a comprehensive regulatory framework that governs the relationship between employers and employees This law guarantees the rights and duties of all parties, with a focus on providing a safe and fair work environment One of the most important provisions of this law is the regulation of working hours, vacations, salaries and incentives, as well as mechanisms for dealing with termination of service and grievances. These provisions contribute to providing stability for workers and motivating them to be productive.

In our law firm, we provide a range of specialized services in this field. We draft employment contracts that take into account the interests of both parties, and provide consultations in cases of labor disputes We also help business owners comply with the Labor Law by providing the necessary legal opinions and guidance We also provide the necessary legal support to recover workers’ rights Our goal is to ensure the proper application of the law and protect the rights of all parties.

Before starting to explain our topic, we would like to clarify that these provisions do not apply to all categories of employees in the UAE under Article 3 of the Labor Law, which states The provisions of this law do not apply to the following categories:

  1. Employees, users and workers of the federal government and government departments in the UAE and members of the state and employees, users and workers of municipalities and other employees, users and workers in federal and local public bodies and public institutions, as well as employees, users and workers appointed to federal and local government projects.
  2. Members of the armed forces and members of the police and security.
  3. Private domestic workers and those who are subject to their provisions.

The most important advantages of the labor law in the UAE

  • At the beginning of the discussion, we would like to clarify that the most important feature of the UAE labor law is the prohibition of discrimination between individuals, in addition to the fact that it has given workers’ money a privilege over the employer’s money and it is collected before any debt with a comprehensive exemption from court fees at all stages of litigation and implementation.

Who has the right to work in the UAE?

  • Priority in work is given to UAE citizens, but if there is a workforce among citizens, Arab workers who belong to one of the Arab countries by nationality have the right to work priority, and then workers of other nationalities.
  • However, it is not permissible to employ non-citizens except after obtaining a work permit, and the following conditions are required for the issuance of this permit:
  1. The worker must have the professional competence or educational qualifications required by the entity.
  2. The worker must have entered the UAE legally and meet the conditions stipulated in the residency system in force in the UAE.

Conditions for employing minors in the UAE law

  • The UAE Labor Law stipulates that it is not permissible to employ minors under the age of 15.
  • The employment of minors is subject to some conditions and restrictions:
  • It is not permissible to employ a minor except after verifying his age and health fitness and after attaching the documents proving this to the minor’s file.
  • The law also prohibits the employment of minors at certain times and in dangerous jobs, which are as follows:
  • Minors may not be employed at night in industrial projects. The word night means a period of not less than twelve consecutive hours, including the period from 8:00 p.m. until 6:00 a.m.
  • Minors may not be employed in dangerous, exhausting or unhealthy jobs, which shall be determined by a decision issued by the Minister of Human Resources and Emiratisation after consulting the competent authorities.
  • A minor may not be employed for more than six hours a day, with at least one hour of rest in between.
  • A minor may not be kept in the workplace for more than seven hours.
  • A minor may not be assigned additional work or employed on holidays, for any reason.

Regulating the employment of women in the UAE Labor Law

  • The Labor Law prohibits the dismissal of a working woman or warning her of such because of her pregnancy,
  • Termination of service in this case is considered arbitrary.
  • The law also gives her the right to a maternity leave of 45 days, including the period before and after childbirth, but on condition that she has worked for the employer for a period exceeding one year.
  • After exhausting her maternity leave, the female worker may be absent from work without pay for a maximum period of one hundred consecutive or intermittent days if this absence is due to illness, and she can return to her work and the illness is proven by a medical certificate issued by the medical authority appointed by the competent health authority or certified by this authority that it is a result of pregnancy or childbirth.

Deduction from workers’ wages in the UAE Labor Law

  • The Labor Law stipulates specific cases for deduction from the worker’s wage, which are:

No amount may be deducted from the worker’s wage in exchange for special rights except in the following cases:

  1. Recovering advances or amounts paid to the worker in excess of his right, provided that the amount deducted from wages in this case does not exceed 10% of the worker’s periodic wage.
  2. Installments that the worker must legally pay from their wages, such as social security and insurance systems.
  3. The worker’s contributions to the savings fund or advances due to the fund.
  4. Installments for any social project or any other benefits or services provided by the employer and approved by the Department of Labor.
  5. Fines imposed on the worker due to violations he commits. Any debt collected in implementation of a court ruling, provided that the amount deducted in implementation of the ruling does not exceed a quarter of the worker’s due wage. If there are multiple debts or multiple creditors, the maximum limit shall be considered half the wage and the amount to be withheld shall be divided among those entitled to it as a creditor division after paying the legal alimony debt at a rate of one-quarter of the wage.

In all cases, no more than five days may be deducted for the error caused by the worker except after obtaining permission from the competent court.

Working hours in the UAE Labor Law and overtime compensation

  • Working hours in the law are eight hours, not including the period taken by the worker in transportation, even if it is calculated per week, it should not exceed 48 hours per week.
  • Working hours may be increased to nine hours per day in commercial businesses, hotel businesses, cafeterias, security and other businesses that may be added by a decision from the Minister of Human Resources and Emiratisation.
  • Daily working hours may be reduced for strenuous or unhealthy jobs by a decision from the Minister of Human Resources and Emiratisation.
  • Regular working hours are reduced by two hours during the month of Ramadan.
  • In all cases, the worker’s work may not exceed five consecutive hours, but if work circumstances require the worker to work additional time between nine in the evening and four in the morning, the worker is entitled to the wage for the additional time determined for regular working hours, plus an increase of no less than 50% of that wage.
  • Overtime hours may not exceed two hours.
  • The normal day off is Friday, and if the worker is employed on it, he shall be paid 50% more than the basic wage.
  • However, the worker may not work two consecutive Fridays.
  • The worker shall be granted an annual leave during each year of his service, which may not be less than the following periods:
    1. Two days for each month if the worker’s service period exceeds six months and is less than a year.
    2. Thirty days for each year if the worker’s service period exceeds a year.
  • In the event that the worker’s service ends, he shall be entitled to an annual leave for the fractions of the last year.

The law also stipulates that every employer shall provide appropriate means of protection to protect the worker from the dangers of occupational injuries and diseases that may occur during work, as well as the dangers of fire and other dangers that may result from the use of machines and other work tools. He must also follow all other prevention methods determined by the Ministry of Human Resources and Emiratisation.

We move on to explaining the discipline of workers and its rules:

The disciplinary penalties that the employer or his representative may impose on his worker are:

  1. Warning.
  2. Fine.
  3. Suspension from work with reduced pay for a period not exceeding ten days
  4. Deprivation of the periodic bonus or its postponement in establishments that have a system of such bonuses.
  5. Deprivation of promotion in establishments that have a system of promotion.
  6. Dismissal from service while preserving the right to an end-of-service bonus.
  7. Dismissal from service with deprivation of all or part of the bonus. This penalty may not be imposed for reasons other than those mentioned exclusively in this law.

Finally, termination of the employment contract in the UAE law and arbitrary dismissal:

In general, the employment contract may not be terminated unless the term of the contract has ended or the two parties have agreed to that or if the will of one of the parties to the contract is directed towards that, but the latter is subject to conditions and we explain them in the following:

  • The law gives the employer the right to terminate the contract without reasons, but on condition that the worker is notified of this at least thirty days before the dismissal.
  • However, the employer may dismiss the worker without notice in some cases, which are cases that constitute a serious error:

This is according to Article 44, which states the following:

The employer may dismiss the worker without notice in any of the following cases:

  1. If the worker assumes a false identity or nationality or submits forged certificates or documents.
  2. If the worker commits an error that results in a serious material loss to the employer.
  3. If the worker violates the instructions related to work safety or the workplace, provided that these instructions are written and posted in a visible place and that he has been informed of these instructions orally if he is illiterate.
  4. If the worker does not perform his basic duties according to the employment contract and continues to violate them despite conducting a written investigation with him for this reason and warning him of dismissal if he repeats it.
  5. If he discloses a secret of the establishment in which he works.
  6. If he is finally convicted by the competent court in a crime affecting honor, honesty or public morals.
  7. If he is found during working hours in a state of drunkenness or under the influence of a drug.
  8. If he assaults the employer, the responsible manager, or one of his colleagues at work during work.
  9. If the worker is absent without a legitimate reason for more than twenty intermittent days during one year or more than seven consecutive days.

After the end of the employment contract, the most important effect of it is the end of service gratuity A worker who has completed one year or more of continuous service is entitled to an end of service gratuity upon the end of his service. The days of absence from work without pay are not included in calculating the length of service.

The gratuity is calculated as follows:

  1. Twenty-one days’ wages for each year of the first five years of service.
  2. Thirty days’ wages for each year in excess of that.

It is stipulated in the above that the gratuity does not exceed the total wages of two years.

The labor law in the United Arab Emirates is a complex and intertwined subject, and requires extensive legal expertise to understand and deal with it effectively. If you are facing any issues or inquiries related to labor law, do not hesitate to contact our team of experienced lawyers in this field.

Our team has a proven track record in dealing with various labor issues, and they provide you with the necessary legal advice and representation to protect your rights and ensure your compliance with the requirements of the law. For more information or to book a legal consultation.