Understanding labour contracts in the United Arab Emirates (UAE) is crucial for both employers and employees to ensure a harmonious and legally compliant working relationship. With the evolving labour laws and regulations, staying updated is essential to safeguard rights and fulfill obligations effectively. This comprehensive guide covers everything you need to know about labour contracts in the UAE as of 2024, including types of contracts, how to obtain and verify them online, employee rights, and recent legal updates.
Table of Contents
- Understanding Labour Contracts in the UAE
- Types of Labour Contracts: Limited vs. Unlimited
- How to Obtain and Download Your Labour Contract Online
- Decoding Your Labour Contract Number and Licence Details
- Employee Rights and Obligations under UAE Labour Law
- Recent Updates in UAE Labour Law (2024)
- Navigating MOHRE Services for Labour Contracts
- Common FAQs about Labour Contracts in the UAE
- Conclusion
Understanding Labour Contracts in the UAE
A labour contract in the UAE is a legally binding agreement between an employer and an employee that outlines the terms and conditions of employment. It serves as a foundational document that defines the working relationship, including job responsibilities, salary, benefits, and other essential aspects.
Importance of Labour Contracts
- Legal Protection: Labour contracts provide legal protection to both parties by clearly stating rights and obligations, minimizing disputes and misunderstandings.
- Compliance with UAE Labour Law: Having a proper labour contract ensures compliance with the UAE Labour Law, avoiding potential penalties and legal issues.
- Clarity and Transparency: Contracts promote transparency by detailing employment terms, work hours, leave entitlements, and termination conditions.
- Facilitates Employment Processes: A valid labour contract is necessary for processes like obtaining a labour card, residency visa, and accessing other government services.
Key Components of a Labour Contract
- Employee and Employer Details: Full names, nationalities, addresses, and other identification details.
- Job Title and Description: Clear definition of the role and responsibilities.
- Salary and Benefits: Detailed breakdown of the wage, allowances, and other benefits.
- Contract Duration: Specifies whether the contract is limited or unlimited, along with the duration for limited contracts.
- Working Hours and Leave Entitlements: Defines standard working hours, overtime policies, annual leave, sick leave, and other leave types.
- Probation Period: Duration and conditions of the probation period, if applicable.
- Termination Conditions: Procedures and conditions under which either party can terminate the contract.
- Governing Law and Dispute Resolution: References to applicable laws and mechanisms for resolving disputes.
Understanding these components is essential for ensuring that both employers and employees are on the same page regarding expectations and obligations.
Types of Labour Contracts: Limited vs. Unlimited
In the UAE, labour contracts are primarily categorized into two types: limited (fixed-term) and unlimited contracts. Each type has distinct features, advantages, and legal implications. Understanding the differences is crucial for making informed employment decisions.
Limited (Fixed-Term) Contracts
A limited contract, also known as a fixed-term contract, is set for a specific duration, typically ranging up to two or three years, depending on the agreement between the employer and employee.
Features of Limited Contracts
- Specified Duration: The contract clearly states the start and end dates.
- Renewal Options: Can be renewed upon mutual agreement of both parties.
- Termination Conditions: Early termination by either party may result in penalties unless justified by valid reasons as per UAE Labour Law.
- End-of-Service Benefits: Calculated based on the total duration of employment, with specific provisions applicable for limited contracts.
Pros and Cons
Pros:
- Provides clear expectations regarding employment duration.
- Suitable for project-based or temporary roles.
- Employers can plan workforce needs effectively.
Cons:
- Less flexibility for early termination without penalties.
- Employees may have less job security upon contract expiry.
Unlimited Contracts
An unlimited contract does not specify an end date and continues until either the employer or employee decides to terminate it, following the stipulated notice periods and legal procedures.
Features of Unlimited Contracts
- No Fixed End Date: The employment continues indefinitely until terminated by either party.
- Notice Period: Requires a notice period (typically 30 days) for termination by either party.
- Termination Flexibility: Can be terminated with proper notice and valid reasons.
- End-of-Service Benefits: Calculated based on the total years of service, with different provisions compared to limited contracts.
Pros and Cons
Pros:
- Provides greater job security and stability for employees.
- Offers more flexibility in termination with adherence to notice periods.
- Preferred for long-term employment relationships.
Cons:
- Employers may find it challenging to terminate without valid reasons.
- Less certainty for employers regarding workforce duration.
Choosing Between Limited and Unlimited Contracts
The choice between a limited and unlimited contract depends on various factors such as:
- Nature of Job: Temporary or project-based roles may suit limited contracts, while permanent positions align better with unlimited contracts.
- Employee Preference: Some employees may prefer the stability of unlimited contracts.
- Employer Requirements: Employers may choose based on organizational needs and workforce planning.
It’s essential for both parties to thoroughly understand the terms and legal implications before entering into either type of contract.
How to Obtain and Download Your Labour Contract Online
In the digital age, accessing and managing your labour contract has become more convenient through online platforms provided by the Ministry of Human Resources and Emiratisation (MOHRE). Here’s a step-by-step guide on how to get, check, and download your labour contract online in the UAE.
Using MOHRE Online Services
The MOHRE offers comprehensive online services for employees and employers to manage labour-related documents efficiently.
Steps to Download Labour Contract from MOHRE
- Visit the MOHRE Website
- Go to the official MOHRE website: www.mohre.gov.ae
- Navigate to Services
- Click on the ‘Services’ tab and select ‘E-services’.
- Select ‘Enquire About Labour Contract’
- Look for the option to enquire about or view your labour contract.
- Enter Required Details
- Provide necessary information such as:
- Labour Card Number
- Person Code
- Date of Birth
- Nationality
- Provide necessary information such as:
- Submit and View Contract
- After entering the details, submit the form to view your labour contract details.
- Download and Print
- You will have the option to download the labour contract in PDF format.
- You can also print out a hard copy for your records.
Using MOHRE Mobile App
The MOHRE mobile application provides an easy way to access your labour contract on-the-go.
Steps to Use MOHRE App
- Download the MOHRE App
- Available on both Android and iOS platforms.
- Register or Log In
- Create an account or log in using your existing credentials.
- Access ‘My Contracts’ Section
- Navigate to the ‘My Contracts’ section to view your employment contracts.
- View and Download Contract
- Select the desired contract to view details.
- Download and save the contract for future reference.
Through Tasheel Service Centers
If you prefer offline assistance, you can visit Tasheel service centers across the UAE.
Steps to Obtain Labour Contract via Tasheel
- Visit Nearest Tasheel Center
- Locate and visit a Tasheel service center convenient for you.
- Provide Necessary Documents
- Carry your Emirates ID and other identification documents.
- Request for Labour Contract Copy
- Submit a request to obtain a copy of your labour contract.
- Receive and Verify Contract
- The service center will provide you with a printed copy after verification.
Checking Your Labour Contract Status Online
You can also check the status and validity of your labour contract online.
Steps to Check Labour Contract Status
- Access MOHRE Online Portal
- Visit the MOHRE website and navigate to the relevant service.
- Enter Required Information
- Input details such as labour card number and personal identification.
- View Contract Status
- The portal will display current status, including validity and expiry dates.
Tips for Managing Your Labour Contract Online
- Ensure Accurate Information: Double-check all entered details to avoid errors.
- Secure Your Credentials: Protect your login information to prevent unauthorized access.
- Keep Copies Safely: Store downloaded copies securely, both digitally and physically.
- Stay Updated: Regularly check for updates or changes to your contract.
By leveraging these online services, employees can efficiently manage their employment documents, ensuring compliance and easy access whenever needed.
Decoding Your Labour Contract Number and Licence Details
Understanding the specifics of your labour contract, including the contract number and licence details, is essential for various administrative and legal purposes. These details play a critical role in verifying employment status, accessing government services, and ensuring compliance with UAE labour regulations.
Understanding Labour Contract Number
The labour contract number is a unique identifier assigned to each employment contract registered with the MOHRE. This number is crucial for tracking and referencing your employment details.
Importance of Labour Contract Number
- Verification: Used to verify the authenticity and validity of your employment contract.
- Government Services Access: Essential for accessing various services such as visa renewals, labour card issuance, and health insurance applications.
- Dispute Resolution: Serves as a reference in case of legal disputes or inquiries regarding employment terms.
- Employment History Tracking: Helps in maintaining a record of your employment history within the UAE.
Locating Your Labour Contract Number
- On the Contract Document: Typically found on the top section of your labour contract document.
- Through MOHRE Portal: Can be retrieved by logging into your account on the MOHRE website or app.
- Via Tasheel Centers: Obtainable by requesting assistance from a Tasheel service center with proper identification.
Using Labour Contract Number for Online Services
- Contract Verification: Entering your labour contract number on MOHRE’s portal allows you to verify contract details.
- Status Checks: Helps in checking the current status and validity period of your contract.
- Updating Information: Required when updating personal or employment information in government databases.
Understanding Labour Licence Details
Labour licence details pertain to the employer’s authorization to hire and employ workers within the UAE. These details ensure that the employer is legally permitted to operate and employ staff under the country’s labour laws.
Components of Labour Licence Details
- Licence Number: A unique number assigned to the employer’s business licence.
- Company Name and Address: Official registered name and location of the employer.
- Activity Type: Specifies the nature of business activities the company is licensed to perform.
- Licence Validity: Indicates the issuance and expiry dates of the business licence.
- Issuing Authority: The government entity responsible for issuing the licence, such as the Department of Economic Development (DED).
Importance for Employees
- Employment Legitimacy: Confirms that you are employed by a legally recognized and authorized entity.
- Job Security: Ensures that the employer meets regulatory standards, providing a stable and compliant work environment.
- Access to Benefits: Valid licence details are necessary for accessing employee benefits like health insurance and end-of-service gratuity.
- Legal Protection: In case of disputes or issues, valid licence details support legal proceedings and claims.
Verifying Employer’s Licence Details
- Through MOHRE: Employees can verify employer licence details via MOHRE’s online services by entering the company’s licence number.
- DED Online Services: The Department of Economic Development offers online portals to check business licence validity and status.
- Requesting Information: Employees can request licence information directly from employers for transparency.
Ensuring Accuracy and Compliance
- Regular Checks: Periodically verify your labour contract and employer licence details to ensure ongoing compliance and validity.
- Report Discrepancies: Immediately report any inconsistencies or issues to relevant authorities or HR departments.
- Maintain Updated Records: Keep copies of all updated documents and details for personal records and future reference.
Understanding and managing your labour contract number and licence details is a critical aspect of maintaining a compliant and secure employment status in the UAE. It empowers employees with knowledge and tools to safeguard their rights and navigate the administrative landscape effectively.
Employee Rights and Obligations under UAE Labour Law
The UAE Labour Law outlines a comprehensive framework that governs the rights and obligations of both employers and employees. Being aware of these provisions ensures that employees can work in a fair and just environment while fulfilling their duties effectively.
Fundamental Employee Rights
Right to Fair Remuneration
- Timely Payment: Employees are entitled to receive their agreed-upon wages on time, as stipulated in the labour contract.
- Minimum Wage: The law mandates minimum wage standards, ensuring fair compensation across different job sectors and levels.
- Overtime Pay: Additional remuneration for hours worked beyond standard working hours, typically calculated at a higher rate.
Right to Reasonable Working Hours
- Standard Working Hours: Generally set at 8 hours per day or 48 hours per week.
- Rest Periods: Entitlement to breaks during working hours and weekly days off, usually on Fridays.
- Overtime Limits: Restrictions on the maximum allowable overtime to prevent excessive working hours.
Right to Leave Entitlements
- Annual Leave: Employees are entitled to a minimum number of paid vacation days annually, increasing with the length of service.
- Sick Leave: Provision for paid sick leave, subject to medical certification and company policies.
- Maternity and Paternity Leave: Female employees are granted paid maternity leave, and some provisions exist for paternity leave.
- Public Holidays: Entitlement to paid leave on official public holidays recognized by the UAE government.
Right to Safe and Healthy Work Environment
- Workplace Safety: Employers must ensure a safe working environment, adhering to health and safety regulations.
- Medical Benefits: Access to health insurance and medical facilities as part of employment benefits.
- Protection from Harassment and Discrimination: Laws in place to protect employees from any form of workplace harassment or discrimination.
Right to End-of-Service Benefits
- Gratuity Pay: Employees are entitled to end-of-service gratuity based on their length of service, calculated according to specific formulas in the labour law.
- Compensation for Unlawful Termination: Provisions for compensation if employment is terminated without valid legal reasons.
Right to Access and Review Employment Records
- Contract Transparency: Employees have the right to access and review their employment contracts and related documents.
- Labour Card and Work Permit: Entitlement to hold valid and updated labour cards and work permits throughout employment tenure.
Employee Obligations
Fulfilling Job Duties
- Performance: Employees are obligated to perform their job duties diligently and efficiently as outlined in their job description.
- Compliance with Policies: Adherence to company policies, procedures, and guidelines is mandatory.
- Respect for Hierarchy and Colleagues: Maintaining professional relationships and respecting workplace hierarchy and colleagues.
Maintaining Confidentiality
- Protecting Company Information: Obligation to keep sensitive and confidential information secure and not disclose it unauthorizedly.
- Non-Compete Clauses: Compliance with non-compete agreements, where applicable, to prevent conflict of interest.
Observing Working Hours and Attendance
- Punctuality: Being punctual and adhering to the designated working hours.
- Leave Procedures: Following proper protocols when applying for and taking leave.
Abiding by Legal and Ethical Standards
- Lawful Conduct: Engaging in conduct that complies with UAE laws and regulations.
- Avoiding Misconduct: Refraining from activities that constitute misconduct, such as fraud, theft, or harassment.
Dispute Resolution Mechanisms
- Grievance Procedures: Employees can file grievances through established company channels or directly with MOHRE.
- Labour Courts: Legal disputes can be escalated to labour courts, which specialize in resolving employment-related issues.
- Mediation Services: MOHRE provides mediation services to amicably resolve disputes between employers and employees.
Protection Against Unlawful Practices
- Unlawful Termination: Laws protect employees from being terminated without valid reasons and proper notice.
- Wage Protection: The Wage Protection System (WPS) ensures that salaries are paid correctly and on time.
- Anti-Discrimination Laws: Legislation prohibits discrimination based on race, gender, religion, nationality, or disability.
Staying Informed and Compliant
- Regular Updates: Employees should stay informed about changes and updates to the UAE Labour Law.
- Consultation and Legal Advice: Seeking professional advice when in doubt about rights and obligations.
- Documentation: Keeping records of employment contracts, payslips, and correspondence for future reference.
Understanding and adhering to these rights and obligations fosters a productive and respectful working environment, ensuring that both employers and employees can operate effectively within the legal framework established in the UAE.
Recent Updates in UAE Labour Law (2024)
The UAE Labour Law is periodically updated to adapt to the evolving economic landscape and to enhance worker protections and employer obligations. As of 2024, several significant amendments and new provisions have been introduced to address current workforce challenges and to promote a balanced work environment.
Introduction of Flexible Working Arrangements
Emphasis on Work-Life Balance
- Remote Working Policies: Formal recognition and regulation of remote working arrangements to accommodate various job roles and industries.
- Flexible Hours: Introduction of flexible working hours, allowing employees to choose suitable work times within agreed parameters.
- Part-Time Employment Regulations: Clear guidelines for part-time employment contracts, including rights and benefits proportional to working hours.
Impact on Employers and Employees
- Increased Productivity: Flexibility aims to boost employee satisfaction and productivity.
- Talent Attraction and Retention: Companies can attract a diverse workforce by offering adaptable work arrangements.
- Regulatory Compliance: Employers must ensure compliance with new provisions when implementing flexible work models.
Enhanced Protection Against Discrimination and Harassment
Strengthened Anti-Discrimination Laws
- Broadened Scope: Expanded definitions to include discrimination based on age, gender identity, and marital status.
- Strict Penalties: Introduction of stringent penalties for violations, including fines and legal action.
- Mandatory Training: Employers are required to provide regular training on diversity, inclusion, and harassment prevention.
Establishment of Reporting Mechanisms
- Anonymous Reporting Systems: Facilitation of confidential reporting channels for employees to report incidents without fear of retaliation.
- Investigation Protocols: Clear procedures for investigating and addressing complaints promptly and effectively.
- Support Services: Provision of counseling and support services for victims of discrimination and harassment.
Revisions to End-of-Service Benefits
Updated Gratuity Calculations
- Inclusive of All Contract Types: Standardization of gratuity calculations across both limited and unlimited contracts.
- Pro-Rata Entitlements: Employees with shorter service durations now receive proportionate end-of-service benefits.
- Contribution Schemes: Introduction of optional employer-employee contribution schemes to enhance retirement benefits.
Simplified Processes
- Automated Calculations: Implementation of online systems for accurate and transparent gratuity computations.
- Timely Disbursements: Regulations ensuring prompt payment of end-of-service benefits upon contract termination.
Strengthening Worker Welfare in Specific Sectors
Focus on Construction and Domestic Workers
- Improved Working Conditions: Enforced standards for safety, accommodation, and working hours in high-risk sectors.
- Minimum Wage Adjustments: Revision of minimum wage levels to reflect living cost changes and sector-specific demands.
- Health and Safety Regulations: Enhanced protocols and regular inspections to ensure compliance with health and safety standards.
Skill Development and Training
- Mandatory Training Programs: Employers must provide training to improve worker skills and career advancement opportunities.
- Certification Requirements: Introduction of certification processes to ensure workers meet industry competency standards.
Digitalization of Labour Services
Enhanced Online Platforms
- Integrated Service Portals: Consolidation of various labour-related services into unified online platforms for ease of access.
- E-Contracting Systems: Digital initiation and management of employment contracts, reducing paperwork and processing times.
- Mobile Applications: Development of user-friendly apps for employees and employers to manage labour affairs conveniently.
Data Security and Privacy
- Robust Security Measures: Implementation of advanced security protocols to protect sensitive employment data.
- Compliance with Privacy Laws: Ensuring all digital services adhere to national and international data protection regulations.
Strengthened Enforcement and Compliance Measures
Increased Inspections and Audits
- Regular Compliance Checks: Frequent inspections to ensure adherence to updated labour laws and regulations.
- Penalties for Non-Compliance: Escalated fines and sanctions for employers violating labour standards.
- Public Disclosure: Publication of compliance records to promote transparency and accountability.
Dispute Resolution Enhancements
- Efficient Mediation Services: Streamlining dispute resolution processes for quicker and fairer outcomes.
- Online Dispute Filing: Allowing employees to file complaints and track progress through online systems.
- Legal Aid Services: Provision of support and legal assistance to workers navigating complex labour disputes.
Encouraging Emiratization Efforts
Incentives for Hiring Nationals
- Financial Benefits: Offering subsidies and incentives to companies that employ UAE nationals.
- Mandatory Quotas: Setting employment quotas for nationals in certain industries and sectors.
- Training and Development Programs: Collaborations between government and private sector to provide skill enhancement opportunities for Emiratis.
Conclusion of Updates
These 2024 updates to the UAE Labour Law demonstrate the government’s commitment to fostering a progressive, fair, and dynamic labour market. Both employers and employees must familiarize themselves with these changes to ensure compliance and to leverage the benefits and protections afforded by the new regulations.
Staying informed about these updates is essential for maintaining lawful and productive employment relationships within the UAE’s diverse and evolving workforce landscape.
Navigating MOHRE Services for Labour Contracts
The Ministry of Human Resources and Emiratisation (MOHRE) plays a pivotal role in regulating labour relations and providing essential services related to employment in the UAE. Efficiently navigating MOHRE’s services is crucial for both employers and employees to manage labour contracts and related processes seamlessly.
Overview of MOHRE Services
MOHRE offers a comprehensive suite of services aimed at facilitating various aspects of employment, including:
- Labour Contract Management: Issuance, renewal, and amendment of employment contracts.
- Work Permits and Labour Cards: Processing applications and renewals for legal work authorization.
- Labour Dispute Resolution: Providing mechanisms to resolve employment-related disputes amicably and legally.
- Employment Information Services: Offering access to employment records, labour laws, and regulatory updates.
Accessing MOHRE Services Online
MOHRE Website Portal
The official MOHRE website provides an array of online services accessible through a user-friendly interface.
Key Features:
- Service Catalogue: A detailed list of available services categorized for easy navigation.
- E-Services: Digital forms and applications for various labour-related processes.
- Information Resources: Access to updated labour laws, regulations, and guidelines.
- Support and Assistance: Online chat support and contact information for inquiries.
How to Use:
- Registration: Create an account using your Emirates ID and other required information.
- Login and Navigate: Log in to access personalized services and information.
- Select Desired Service: Choose the appropriate service from the catalogue.
- Complete Forms: Fill out necessary forms and attach required documents.
- Submit and Track: Submit applications and track the status through the portal.
MOHRE Mobile Application
The MOHRE mobile app offers convenient access to services directly from your smartphone.
Key Features:
- On-the-Go Access: Manage labour-related tasks anytime, anywhere.
- User-Friendly Interface: Simplified navigation and functionality.
- Notifications and Updates: Receive timely alerts on application statuses and regulatory changes.
- Multilingual Support: Available in multiple languages to cater to the diverse population.
How to Use:
- Download the App: Available on both Android and iOS platforms.
- Register/Login: Use your MOHRE credentials to access the app.
- Explore Services: Browse through various services and select as needed.
- Complete Processes: Fill in forms, upload documents, and submit applications seamlessly.
- Monitor and Manage: Keep track of applications and manage your employment records efficiently.
Utilizing Tasheel Service Centers
Tasheel centers are authorized service centers that facilitate various MOHRE services through assisted processes.
Services Offered:
- Labour Contract Services: Assistance with issuing, renewing, and modifying contracts.
- Work Permit Processing: Help with applications and renewals.
- Complaint Registration: Support in filing and managing labour-related complaints.
- Information and Guidance: Provision of expert advice and information on labour laws and regulations.
How to Use:
- Locate a Tasheel Center: Find the nearest center through MOHRE’s website or app.
- Prepare Required Documents: Gather necessary identification and employment documents.
- Visit the Center: Consult with service agents to process your requests.
- Complete Transactions: Agents will assist in completing forms and submissions.
- Receive Confirmation: Obtain receipts and confirmations for all processed services.
Key Services for Labour Contracts
Issuing a New Labour Contract
- Eligibility: For newly employed individuals or when changing employers.
- Process:
- Submit required documents (passport, visa, educational certificates).
- Employer initiates the contract through MOHRE’s online portal or Tasheel center.
- Review and sign the contract electronically or physically.
- MOHRE processes and approves the contract, issuing a labour card.
Renewing a Labour Contract
- Timeline: Typically initiated before the expiry of the current contract.
- Process:
- Employer submits renewal application via MOHRE services.
- Employee reviews and agrees to any updated terms.
- Payment of applicable fees.
- MOHRE approves and issues renewed contract and labour card.
Amending a Labour Contract
- Reasons for Amendment: Changes in job title, salary, working hours, or other contractual terms.
- Process:
- Mutual agreement between employer and employee on new terms.
- Submission of amendment request through MOHRE’s platforms.
- Approval by MOHRE and issuance of updated contract documents.
Cancelling a Labour Contract
- Conditions: Upon termination of employment by either party.
- Process:
- Employer files a cancellation request stating the reason for termination.
- Settlement of all dues and end-of-service benefits to the employee.
- MOHRE processes the cancellation and updates records accordingly.
Tips for Efficient Navigation
- Stay Informed: Regularly check MOHRE’s official channels for updates and announcements.
- Prepare Documentation: Keep all necessary documents updated and readily available.
- Understand Procedures: Familiarize yourself with the steps and requirements of each service.
- Utilize Online Resources: Leverage online tutorials and guides provided by MOHRE.
- Seek Assistance When Needed: Do not hesitate to contact MOHRE support or visit Tasheel centers for help.
Effectively navigating MOHRE services is essential for maintaining compliant and smooth employment relations in the UAE. By leveraging the available online and offline resources, both employers and employees can manage labour contracts and related processes efficiently, ensuring adherence to legal requirements and fostering a productive work environment.
Common FAQs about Labour Contracts in the UAE
Understanding labour contracts and related regulations in the UAE can be complex. Here are answers to some frequently asked questions to help clarify common concerns and provide guidance on various aspects of employment contracts.
1. What is the difference between a limited and unlimited contract in the UAE?
Limited Contract:
- Has a fixed duration, usually up to two or three years.
- Early termination by either party may result in penalties.
- Suitable for project-based or temporary employment.
Unlimited Contract:
- Does not have a specified end date.
- Can be terminated by either party with proper notice and valid reason.
- Offers more flexibility and is common for permanent positions.
2. How can I check my labour contract online in the UAE?
You can check your labour contract through the MOHRE online portal or mobile app by:
- Logging in with your credentials.
- Navigating to the ‘My Contracts’ section.
- Entering required personal and employment details to view and download your contract.
3. What should I do if there are discrepancies in my labour contract?
- Notify Employer: Immediately inform your employer or HR department about the discrepancies.
- Contact MOHRE: If unresolved, reach out to MOHRE through their hotline or visit a Tasheel center for assistance.
- Provide Evidence: Present any supporting documents or communications that highlight the correct information.
4. What are my rights if my employer terminates my contract unlawfully?
- Compensation: You may be entitled to compensation for wrongful termination as per UAE Labour Law.
- End-of-Service Benefits: You should receive all due gratuity and benefits.
- Legal Recourse: File a complaint with MOHRE or pursue legal action through the labour courts.
5. How is the end-of-service gratuity calculated in the UAE?
Gratuity is calculated based on your last drawn basic salary and years of service:
- For Limited Contracts:
- 21 days’ salary for each of the first five years.
- 30 days’ salary for each additional year after five years.
- For Unlimited Contracts:
- Similar calculation, but may vary if the employee resigns before completing certain years of service.
- Pro-Rata Basis: For service less than a year, gratuity may not be applicable.
6. Can I work for another employer while on my current labour contract?
- Part-Time Work: With proper authorization from MOHRE and consent from your current employer, you may engage in part-time work.
- Freelancing: Requires appropriate permits and adherence to visa and labour regulations.
- Without Authorization: Working for another employer without proper permissions can lead to legal consequences.
7. What is a labour card, and how do I obtain one?
- Labour Card: An official document that confirms your legal work status in the UAE.
- Obtaining a Labour Card:
- Your employer applies for it after your employment visa is processed.
- Issued by MOHRE and must be renewed periodically.
- Required for accessing various services and for legal employment verification.
8. How long is the probation period in the UAE, and what are the rules during this period?
- Duration: Typically up to six months, but can vary based on the employer and job role.
- Rules:
- Either party can terminate the contract during probation with minimal notice.
- Employees may not be entitled to certain benefits during probation.
- The probation period must be clearly stated in the labour contract.
9. What are my entitlements regarding annual leave and public holidays?
- Annual Leave:
- Minimum of 30 calendar days after completing one year of service.
- Proportional leave for service less than a year.
- Public Holidays:
- Entitled to paid leave on official public holidays as declared by the UAE government.
- If required to work on public holidays, you should receive compensatory time off or additional pay.
10. How can I transfer my employment to a new employer in the UAE?
- No-Objection Certificate (NOC): Previously required but recent regulations have relaxed this, depending on circumstances.
- Contract Termination: Ensure your current contract is properly terminated, and all dues are settled.
- New Work Permit: Your new employer must obtain a new work permit and visa for you.
- MOHRE Approval: The transfer process must be approved and documented through MOHRE.
11. What steps should I take if I have a labour dispute with my employer?
- Internal Resolution: Attempt to resolve the issue amicably through discussion with your employer or HR department.
- MOHRE Complaint: File a formal complaint with MOHRE detailing the dispute.
- Mediation and Arbitration: MOHRE may mediate between parties to reach a resolution.
- Legal Action: If unresolved, escalate the matter to the labour courts for a judicial decision.
12. Are there any recent changes in the UAE Labour Law I should be aware of?
As of 2024, notable updates include:
- Introduction of Flexible Working Arrangements: Including remote work and flexible hours.
- Enhanced Anti-Discrimination Protections: Broader definitions and stricter penalties.
- Updated End-of-Service Benefits: Revised gratuity calculations and contribution schemes.
- Digitalization of Services: Expanded online platforms for managing employment-related processes.
13. Can my employer withhold my passport during employment?
- Illegal Practice: Withholding an employee’s passport is illegal under UAE law.
- Employee Rights: You have the right to retain your passport at all times.
- Reporting Violations: If your employer withholds your passport, you can report the violation to MOHRE.
14. What is the procedure for resigning from my job in the UAE?
- Notice Period: Provide written notice as stipulated in your labour contract, typically 30 days.
- Handover Process: Complete all required handover tasks and return company property.
- Settlement of Dues: Ensure all salary, leave encashments, and gratuity are settled.
- Exit Formalities: Complete visa cancellation and other exit procedures as required.
15. How do I ensure my labour contract complies with UAE laws?
- Review Contract Details: Ensure all terms comply with UAE Labour Law provisions.
- Consult MOHRE Resources: Refer to official guidelines and resources provided by MOHRE.
- Seek Legal Advice: Consult with legal professionals or labour law experts if in doubt.
- Verify Through MOHRE: Use MOHRE services to verify the validity and compliance of your contract.
Understanding these frequently asked questions and their answers equips employees and employers with the knowledge to navigate employment relations effectively within the UAE’s legal framework. Always refer to official MOHRE resources and consult legal experts when necessary to ensure compliance and protect your rights.
Whether you are entering the UAE job market, changing jobs, or managing a workforce, being well-informed about labour laws and procedures empowers you to make informed decisions and uphold your rights and responsibilities effectively.
At GCS Group, we are dedicated to assisting businesses and individuals in navigating the complexities of the UAE’s legal and administrative landscape. As a leading business setup company in Dubai, we offer comprehensive services and expert guidance to ensure seamless and compliant business operations. Trust GCS Group to be your partner in success, providing tailored solutions to meet your unique needs in the dynamic UAE market.