UAE Labour Law
UAE Labour Law
UAE Labour Law
2. What aspects of the employer employee relationship does the law deal with?
The law covers all aspects of employee-employer relationships (Chapter 12). It governs all aspects of
employment contracts, restrictions on the employment of juveniles and women, maintenance of records
and files, wages, working hours, leave, safety and protection of employees, medical and social care,
codes of discipline, termination of employment contracts, end-of-service benefits, compensation for
occupational diseases, labour inspections, penalties and employment related accidents, injuries and
fatalities.
3. Are employers liable to pay repatriation and other benefits for probationary
termination?
All wages and benefits occurring during the probation period must be paid along with the repatriation
costs unless the termination of the employment contract had been at the behest of the employee. The
employer is however not required to pay end-of-service gratuity or compensation in lieu of notice or
damages should the employment contract be terminated without notice (during the probationary period).
V. PAYMENT OF WAGES
1. What constitutes wage according to the Law?
Wages according to the Law, has been defined as follows:
"Remuneration paid to the employee in return for his services under a labour contract, whether in cash or
in kind; annually, monthly, weekly, daily, hourly, on a piece-rate, productivity linked. "Wage" include cost
of living allowances, incentives in recognition of honesty or efficiency, provided that these incentives have
been specified in the labour contract or in the establishment's internal rules and regulations, have become
customary or if the employees of that establishment have come to regard such incentives as part of the
wages as opposed to a donation.
5. Who determines when the leave starts and for how long?
The employer has the right to determine the beginning of the annual leave, and when necessary, he has
the right to divide the leave into two sections.
If however, work circumstances require keeping the employee during whole or part of his annual leave
and the leave has not been carried over for the following year, then the employer shall pay him his wage
in addition to a leave allowance for the day he worked equal to his basic wage.
In all cases, no employee shall be required to work during his annual leave more than once during two
consecutive years. In other words, the employer may only defer the annual leave once in two consecutive
years and at the same time pay the employee the annual leave wages.
6. At which point should annual leave wages be paid?
Before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days
he deserves according to the provision of this law.
2. Can the employee resign from employment during the sick leave?
The employee may resign from employment during the sick leave and before the completion of 45 days
specified by law, provided the cause of resignation was approved by a government physician. In this
situation, the employer must pay the employee who resigned, all the wages of which he is entitled for until
the end of the 45 days referred to above.
3. Can the employer terminate the employee from service during his sick or
annual leave?
The employer may not terminate the employee from service during his sick leave or during his annual
leave. During this period any notice for termination will be considered null and void.
However, the employer is entitled to terminate the employment contract if the employee has exhausted
his full sick leave and is not fit to come back to work. In such a case the employee will be entitled for his
full gratuity and end of service entitlement according to this law.
Further, the employee will not be entitled to wages for the days that he has not reported to work after the
end of his leave. This will not prejudice the rights of the employer to terminate the employees contract if
he fails to report back to work within 7 consecutive days from the date on which he was due back.
X. EMPLOYEE RECORDS
1. What types of records must be kept by the employer?
An employer who has 5 employees or more in his service, shall adhere to the following:
1. Keeping a file for every employee giving his name, trade or profession, age, nationality, place of
residence, marital status, date of commencement of service, wage and any change in it, vacation,
illness and injuries, and the date of termination of service and the reason for termination.
2. A "leave card" for every employee to be kept in his file. It should be divided into three sections:
The first for annual leave, the second for sick leave and the third for other leave. The employee or
any one acting on his behalf shall note on his card all leaves taken by the employee for future
reference.
In addition to this, an employer who employs 15 employees or more shall keep in every place of
work or a branch of the place of work the following records and documents :
3. A record of payroll listing the employee's names according to the date of their recruitment along
with the daily, weekly or monthly wages, allowances or payments for piece work, commission as
well as length of service and date of leaving the job.
4. A record for work injuries listing work injuries or occupational diseases immediately the employer
is informed.
5. The basic rules and regulations for work should be displayed in a permanent, visible place, at the
site of work showing the basic regulations for work including working hours, weekly holidays,
official holidays, and the necessary safety precautions to avoid work hazards and fire dangers.
The implementation of these regulations and any amendments thereto have to be sanctioned by
the labour dept. within 30 days from the date of their submissions.
6. The company regulations relating to disciplinary measures must be permanently displayed in the
place of work. This must outline measures which may be taken against those who violate the
regulations.
The implementation of these regulations and the amendments thereof, will have to be sanctioned by the
labour department within 30 days from the date of submission.
XI. SAFETY REQUIREMENTS
1. What are the safety regulations and measures required by law?
The UAE Federal Labour Law specifies certain provisions for employee safety and health care, stipulated
under Article 91 to Article 101. The provisions of the law require the following measures and procedures
to be adhered to:
1. Every employer should provide his employees with suitable means of protection against injuries,
occupational diseases which may be contacted during work, fire and hazards which may result
from the use of machinery and other work equipment. The employer shall apply all the other
precautionary measures specified by the Ministry of Labour and Social Affairs. The employee
however, has to use the safety equipment and clothes given to him for this purpose. He shall also
follow his employer's instructions which aim to protect him from danger.
2. Every employer shall display in a permanent and prominent place at the work site, detailed
instructions regarding the means of preventing fire and the means of protection of employees
from hazards to which they may be exposed during work. These instructions shall be in Arabic
and if necessary another language understood by the employee.
3. Every employer shall make available a first aid kit or kits containing medicines, bandages and
other first aid material as directed by the Ministry of Labour and Social Affairs.
4. Every employer shall keep every place of work clean and well ventilated. These places should
have adequate lighting and be provided with water suitable for drinking, and bathrooms.
5. An employee shall assign one or more physician to examine thoroughly those of his employees
who are exposed to the possibility of contracting one of the occupational diseases listed in the
schedule attached to this law. At least once every six months, these, "at risk" employees should
be examined and results recorded on their files.
6. An employer shall provide his employee with the means of medical care up to the standard
determined by the Ministry of Labour and Social Affairs in consultation with the Minister of Health.
7. The employer or his deputy shall inform the employee of the dangers of his job and the means of
protection that he has to take. He shall also display detailed written instructions concerning that at
work premises.
8. No employer, his deputy, or any person who has authority over employees shall bring or allow
others to bring any kind of alcoholic drinks for consumption on work premises. He shall also not
allow any person to enter the establishment or to remain in it, while he is intoxicated.
Every employer employing employees in remote areas not served by public means of transportation, shall
provide his employees with the following services:
a. Suitable transportation.
b. Suitable accommodation
c. Suitable drinking water
d. Suitable food
e. First aid services
f. Means for entertainment and sports activities
All the above services apart from food material will be on the employer's account.
3. If a fine is imposed, who should keep the money deducted from the employee's
wages?
A fine imposed on an employee shall be entered in a special register giving the reason or the
circumstances, name of employee and his wage. A special account shall be kept for these fines, the
monthly total of which shall be spent on social welfare for the employees.
4. How often and for what length can an employer deprive an employee from the
periodical allowances or promotion.
Any punishment depriving an employee of his periodical incentives may not be imposed more than once
within one year. His incentives shall not be postponed for more than six months.
Further, no employee shall be deprived of more than one promotion. The punished employee shall be
promoted in the first succeeding opportunity if he satisfies the necessary conditions.
5. What are the limitations and the conditions required by the law pertaining to
the use of disciplinary codes?
The employer may not impose any disciplinary measures on the employee unless the following conditions
are met:
1. No disciplinary action shall be taken against any employee because of something he committed
outside the place of work unless it is related to work, the employer or the manager in charge of
the work.
2. No more than one punishment shall be imposed for one violation. A disciplinary punishment shall
not be accompanied with deduction of part of the employee's wages.
3. None of the punishment provided for referred to here above shall be imposed on a employee
unless he is informed of his violation in writing and given a chance to defend himself. His
statement and defense shall be noted and written in his file, and the punishment imposed shall be
spelled out at the end of the said note.
4. An employee must be informed in writing of the punishment imposed on him, stating its type and
amount, the reason thereof and the punishment he shall be subject to in case of recurrence.
5. No employee shall be accused of an offense after the lapse of 30 days of its discovery. No
disciplinary action shall be imposed after the lapse of 60 days from the end of investigation
regarding the violation, and the confirmation of its recurrence.
4. What would the employer pay if the employee were not able to perform his
work after the accident?
If the injury prevented the employee from performing the duties of his job, the employer shall pay him a
grant equivalent to his wage during the treatment period
or for six months whichever is less. If the treatment takes more than six months, then the grant shall be
reduced by half for another six months or till the employee recovers, his disability becomes certain, or he
dies, whichever comes first.
5. How much would the employer pay the employee during his treatment?
The financial grant made by the employer shall be calculated on the basis of the last wage the employee
was paid in respect of those who are paid monthly, weekly, daily or hourly and on the basis of the
average wage for those who are paid on piece work basis.
6. Would the employee be entitled for compensation other than his wages?
The employee will not be entitled to claim compensation from the employer other than his wages and
compensation for disability according to the schedule published by the labour office. A copy of this
schedule is attached herewith to this catalogue. This is, of course, without prejudice to the employee's
right to claim compensation against any third party who may participate in causing the accident or the
disability suffered by the employee.
8. Which rules, if violated, will result in termination of the contract, and thus the
employee being banned from working in the UAE for one year?
If the employee without a justified cause, before the end of a specified employment contract, or in the
case of unlimited contract, leaves the employer, without giving one month's notice of termination, or
leaves his employment before the lapse of one month's notice.
3. When does the employee have to vacate his accommodation if it was provided
to him by the employer?
In cases where the employer provides accommodation to the employee, the employee shall be obliged to
vacate the premises within a period that does not exceed 30 days from the date of termination of his
services. The employee may not extend this period for whatever reasons provided that the employer
actually pays for the following:
a. The repatriation expenses as agreed.
b. End of service benefits and other entitlements which are provided by the labour contract or the
regulation of the establishment.
In case of a dispute between the employer and the employee, the labour office must give the
recommendation of expenses within a week from the date the complaint is filed, and inform the employee
of the amount payable. In such a case, the 30 days will commence from the date the employee deposits
the amount recommended by the labour office with its office as deposit. In a situation where the premises
were not vacated, the Ministry of Labour will order the vacation of the premises with the assistance of the
local police in the emirate concerned. This of course, is without prejudice to the employee's right to
challenge the amount recommended by the labour office at the court.
2. What does the term end of service gratuity mean in terms of compensation?
An employee who completes one year or more in continuous service shall be entitled to gratuity at the
end of the service. The gratuity shall be calculated as follows:
1. 21 day's wages for each year of the first five years.
2. 30 day's wages for each additional year on condition that the total of the gratuity shall not exceed
the wages of two years.
7. Would an employee employed prior to the law coming into use be entitled to
gratuity?
According to the UAE law, employees who are working with their employer prior to the date on which the
law came into force will not be entitled for gratuity for the period preceding the law. Without prejudice to
any entitlement or payment they were entitled to under laws or regulations. However, gratuity for those
employees will be calculated on the date the law came into force thereafter.
8. Can the employer deduct any payment from the gratuity payable to the
employee?
The employer may deduct any amount due and payable to the employee to the employer from the end of
the service gratuity and make payment for the balance to the employee. If there is any dispute over
payment of gratuity or amount payable to the employer, the matter should be put to the labour office for
mediation.
9. Does it make difference to the amount calculated for the gratuity if the
employee resigned from employment?
An employee employed under a contract for unlimited period who resigned after a continuous service of
not less than a year and not more than three years is entitled to one third of the end of service gratuity
provided above. If the period of continuous service was more than three years and less than five years he
is entitled to two thirds of the gratuity.
If his continuous service was more than five years, he shall be entitled to the full gratuity.
If an employee who is employed under a contract of limited period, resigned with his free will before the
end of the contract, he shall not be entitled to the end of service gratuity unless his continuous service
exceeds five years.
10. Can an employee be deprived of his end of service gratuity and under what
circumstances?
An employee may also be deprived of his gratuity in either of the following two cases.
He has been dismissed for one of the reasons stated in Article 120 of this law, or if he left work to avoid
dismissal.
If he left his job voluntarily without notice in cases other than the two provided for in Article 121 of this law.
This applies to unlimited period contract and in cases where the employee did not complete five years of
continuous employment in a contract of limited term.
If the establishment or company has a pension scheme which is beneficial to the employee, would it be a
substitution for payment of gratuity?
If the employer has pension scheme applicable to all employees at the company or the establishment,
such a scheme must be published and known to all employees, and at the same time, specify that this
scheme will be a substitution for the gratuity rules governed by the UAE Federal Labour Law. It must be
more beneficial to the employees than the gratuity provision of the law. Otherwise the employee may
benefit from both.
11. Can the employee and the employer agree to pay gratuity for determination of
the employment contract for the proceeding period?
The employer and the employer may agree to pay at a certain time the gratuity to the employee for the
years during which the employee served the employer, and to start with a new contract for the future
period. Provided always however, that this agreement is clearly stated, acknowledged, and agreed
between the employee and employer whereby gratuity will be paid for the proceeding period, and a new
contract will be entered into for the future relationship. This, bearing in mind that the employee's
employment with the employer will still be considered as a continuous period for the purpose of the
calculation of the interest, or at the time when he resigns, calculating the years during which he was
employed with the employer.
2. Should the application to the labour office and the court be made within a time
limit?
A complaint by either the employer or the employee must be made to the labour office within one year
from the date on which the amount or the entitlement becomes due. In other words, the one year time
period, is not from the date the employment is terminated, but from any date an amount become due and
not paid. A complaint therefore must be filed within a year from the date on which such an amount
becomes due, otherwise, it will be time barred.
In calculating time and period according to this law, the Gregorian calendar will be used. The year is
calculated as 365 days and the month 30 days.
3. Is the employer or the employee have to pay court fees if the matter was
referred to court?
Employees are exempted from court fees and his action will be filed in court and if an appeal is filed, to
the appeal court, without having to pay any court fees. However, an employer, if he would like to proceed
with the court action, should the matter fail to settle at the labour office, must pay court fees, which are
normally based at a percentage of the amount claimed.
4. Is there a different rule for the complaint filed by a group of employees against
one employer?
The law provides slightly different provision for hearing claims by the Labour Office for a number of
employees of the same establishment, filing a complaint against their employer. It may take longer to be
settled at the Labour Office and the Labour Office may form a committee to settle such a dispute.
XVIII. LABOUR INSPECTIONS
1. Would the Labour Office or any other competent authority be entitled to inspect
the establishment or commercial entities established in the UAE?
The Labour Inspection Dept. and the personnel employed therein shall undertake labour inspections and
shall have the power provided in this law. The inspector shall carry the identification card issued by the
Ministry of Labour and Social Affairs, and shall be entitled to enter premises for inspection. Employers
and their agents shall present the labour inspectors with all necessary facilities and information to perform
their duties and shall consent to any summons to appear before them, or send a delegate to appear on
their behalf, if they are required to do so.
3. Do the Labour Inspectors have the authority to enter legal entities and
premises?
A Labour Inspector has the right to:
1. Enter any establishment that is subject to the provision of the labour law at any time during the
day or night without prior notice provided that such entry is made during working hours
2. Conduct any test or investigation that may be necessary to ascertain the proper enforcement of
the law.
3. The labour inspectors further may question the employee or the employer, examine all records
which have to be kept under the provision of the labour law, take a sample or samples of material
used, or handled, in the industrial activities, and ascertain that notices and pamphlets required to
be displayed at the site of the work are in accordance with the provision of the law.