The United Arab Emirates has built a framework of labor laws aimed at preserving and protecting the rights of both employers and employees.
By setting a clear definition of the rights and responsibilities of both parties, transparency in the workplace can be guaranteed. This article will shed light on the most important rights and responsibilities of each employee and employer based on the UAE labor law.
Rights and Responsibilities of Employers
The employers resort to the Federal Decree-Law No. 33 of 2021 to set the basis of their employment conditions. This law guides business working hours, job descriptions, annual leave conditions, safety standards, maternity leave, end-of-service benefits, and more.
Employment Contracts
Employers should be able to write contacts in which they state what they require of their employees, the rights and responsibilities of both parties and the terms and conditions of the job in detail. Job descriptions, working hours, salaries, termination procedures, and more details are written in contracts for the employee to read and become aware of before signing.
Providing a Safe Work Environment
Employers must ensure that the workplace is safe and fair to all employees. Each employee has the right to a healthy, safe work environment that is not hazardous and takes all safety measures seriously. The workplace needs to be safe emotionally and mentally as well. All employees are to be treated with respect and inclusion and no discrimination is allowed in any case.
Payment of Wages
Employers must pay salaries to their employees based on the criteria agreed upon in the contract.
As of now, there is no specific minimum wage set by the UAE Labor Law, but the salaries given must cover all expenses of the employee’s life. Minimum wage according to the UAE labor law differs from one area to another and from one profession to another.
The Wage Protection System (WPS) exists to build trust between employers and employees. All salaries are directly sent to the accounts of the employees in the banks and institutions under the Central Bank of the UAE.
Confidentiality and Privacy
Employers do not have the right to monitor their employees after working hours or interfere in their personal lives unless they have a legal requirement to do so, and it is required by law.
Under the same scope, respecting confidentiality is required by employees where the employer deserves sensitive business information to remain private and not be shared or discussed outside of the workplace.
Rights and Responsibilities of Employees
Work Performance
It is the responsibility of employees to show up to the workplace in their best form. Strong work ethic, honesty, and cooperation are key elements required of each employee. All terms and conditions agreed on by both parties should be respected and acted upon. Internal policies of the workplace like breaks, working hours, and protocols must be adhered to.
Working Hours
In the UAE’s private sector, business working hours are 8 hours per day or 48 hours per week. This is stated under Article 17 of the Federal Decree Law No. 33 of the UAE Labor Law. Any change in these working hours must be approved by authorities, for example, some workplaces demand 9 working hours per day.
Working hours can be affected by different circumstances like the Holy month of Ramadan, where working hours are reduced to 6 hours per day.
Overtime
If an employee is requested to work overtime, they must be compensated financially such that the overtime hour’s pay is higher than the regular working hour’s pay by 25% to 50%.
Loyalty
When an employee works for a company, they are expected to cherish that connection. Working for a company’s competitor while working for the company itself is forbidden, as well as using confidential information for the benefit of the employee or another business. Any action taken that harms the employer and the business must be faced with consequences.
Annual Leave and Holidays
As of 2023, the weekend in the UAE has become Saturday and Sunday which are the official leave days of each week.
When it comes to annual leave, each employee who has worked for a company for six months to one year can take 2 days off monthly. After having worked for the same company for more than a year, annual leave becomes 30 days.
In the UAE, there is a list of holidays that are considered paid leave days as well which are:
- The UAE National Day
- Eid Al Fitr
- Eid Al Adha
- Arafat Day
- Prophet Mohamed’s Birthday
- Hijri New Year
- Gregorian New Year
- Martyr’s Day
Maternity and Sick Leave
Maternity leave is made up of 45 fully paid days in addition to 15 half-paid days. An extension to these 60 days, a mother can take up to 45 extra days off but they would be unpaid. As for sick leave, the maximum number of sick leave days an employee can take is 90 days depending on the health conditions. The first 15 days are fully paid, followed by 30 half-paid days. If the employee takes up to 45 extra days off as part of the 90 days, then these days are unpaid.
Reporting Misconduct
Any form of misconduct that takes place in a work environment should be reported by the employees for their safeguarding. Cases of abuse, harassment, or abuse of power must be presented to authorities. Under the UAE Labor Law, Whistleblower Protection is provided such that each employee has the right to come forward and report misconduct to authorities without any fear and under the protection of the UAE law.
Respecting Intellectual Property
Employees must respect the employer’s intellectual property rights. Unless authorized and given permission, employees cannot use copyrighted materials and information.
Notice Period and Termination
The notice period is typically 30 days in the UAE. This period may vary depending on the type of contract and length of service.
End-of-Service Benefits
If the resignation takes place after the employee has worked for the company for less than a year, the employee does not receive end-of-service benefits.
If the employee has worked at the company for between one to five years, the end-of-service benefits are 21 days of salary for each year of service.
If the employee has worked for the company for more than five years, they receive a full gratuity of 30 days for each year of work.
It is important to study the rights and responsibilities of employers and employees to maintain a healthy and productive work environment. Clarity, fair treatment, rules and regulations, contracts, loyalty, and fair financial support are all elements that make up the recipe for the success or failure of a business depending on whether they are implemented in the best way possible. Whether you are an employer or an employee, it is always a good idea to learn your rights and responsibilities. Our experienced team of attorneys can provide you with a free consultation that is tailored to your needs.
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