No more looking for a job while in Dubai or any other UAE city. In an effort to prevent illicit employment practices, the government has tightened regulations, particularly targeting businesses that recruit people on visiting visas.
Employers who hire people without the appropriate work permits, neglect to offer jobs after they are in the nation, or close their doors without resolving worker rights may be fined between AED 100,000 and AED $1 million. This article examines the principal new employment-related regulations job in Abu Dhabi.
- The new law stipulates fines ranging from AED 100,000 to AED 1 million for employing people without proper work licenses, bringing people into the nation without giving them jobs, and shutting down companies without paying employees’ debts.
- Penalties ranging from AED 100,000 to AED 1 million for engaging in employment fraud, which encompasses the creation of false employees. The amount of fines and penalties can be increased by the number of fictitious hired personnel.
- The Ministry of Human Resources and Emiratisation has the authority to resolve disputes as long as the employer reimburses the state for the money that the bogus workers received in incentives and pays half of the minimum penalties.
When businesses want to contest the ministry’s judgment, Courts will hear cases to resolve disagreements. But if you don’t want problems and are looking for work with trusted employers, then use job search sites such as Layboard.
Keeping employers responsible
The labor law changes coincide with a countrywide visa amnesty that the UAE is implementing, which would let those whose documents have expired keep their status or leave the country without facing consequences.
Under the government program, those whose residency permits expire on September 1st will get a grace period of two months. The program will provide residents a respite if they lose their jobs or fall for dishonest recruiters who give them false hope of employment and leave them without legal documentation.
In addition to applauding the amnesty, a community leader in the United Arab Emirates listed some of the possible exemptions for foreign nationals from residence visa requirements. For many, this is a huge relief. A former president of Sahana, a social welfare organization in Sri Lanka, Ishtiaq Raziq remarked, “There are people who came here looking for work and they have overstayed. Some individuals are also duped by agents who guarantee better-paying positions, but they wind up with nothing and overstay.”
UAE Labor Laws
The relationship between an employer and an employee in the private sector is governed by Federal Decree Law No. 20 of 2023, which modifies certain sections of Federal Decree Law No. 33 of 2021 on Labor Relations Regulation, sometimes referred to as the “UAE Labour Law.” All private sector companies, workers, and employers are subject to the law’s rules. The law becomes operative on February 2, 2022. The earlier Federal Act No. 8 of 1980 was abolished by it.
In order to protect both sides in the professional relationship, the new legislation permits them to use their rights in a proportionate way. It addresses matters such as minimum wages, safety regulations, working hours, overtime, vacations, public holidays, hiring of minors, employee records, termination of employment, end-of-service gratuity payments, industrial injuries, etc.
A number of job modes, including full-time, part-time, temporary, and flexible, are introduced under the new law. It only permits restricted or fixed-term contracts, doing away with the “unlimited” kind. In addition to offering additional leave options, it tackles concerns about physical and psychological abuse as well as harassment and bullying of workers.
Forced labor and discrimination against individuals based on their sex, race, color, gender, religion, national or social origin, or handicap are illegal. It also lays out what employers are required to do for their workers.
The extent of the legislation
All workers in the UAE, whether they are foreign citizens or natives of the UAE, are subject to the legislation. But it doesn’t apply to:
- Workers and employees of municipal and federal governments
- Police, security, and armed forces personnel.
- Workers in the home.
Contract Termination
The government of the United Arab Emirates has validated that an employer is entitled to terminate and cancel an employment contract with a worker under certain explicitly specified conditions. The following situations allow for this to be done:
- If the employee presents fake identification or credentials, or makes up a false nationality or identity.
- If a worker makes a mistake that causes the employer substantial material harm, or if the worker intentionally damages company property and admits it, as long as he reports the event to the Ministry of Human Resources and Emiratisation within seven days of becoming aware of it.
- If an employee disregards written internal requirements displayed in a “conspicuous place” by the organization that pertain to worker safety or workplace security, as long as the employee is made aware of these regulations.
- An employee is twice warned of termination if he does not carry out his fundamental responsibilities as outlined in the employment contract and does not carry them out even after a documented investigation has been done for this purpose.
- If he exposes a trade secret of the company where he works and the information relates to intellectual or industrial property, or if it hurts the employer or denies him a chance, or if it benefits the employee personally.
- if a competent court has found him guilty of a crime that compromises his integrity, honor, or public morals.
- If he is discovered to be visibly drunk, when under the influence of a prohibited drug, or engaging in behavior that violates workplace morals while at work.
- If, while at work, he verbally or physically abuses his boss, the accountable manager, a subordinate, or a coworker—or engages in any other type of attack that is illegal
- If a worker misses more than 20 days in a row, either irregularly throughout the year, or for more than seven days in a row, without a legitimate cause or one that the employer has approved.
- if a worker improperly utilizes their official position for private benefit.
- if a worker is engaged by another company without adhering to the policies and guidelines set forth in this respect.
The Digital Government states that, in certain circumstances and in compliance with Article 44 of the Federal Labor Law of the United Arab Emirates, an employer may end an employee’s employment agreement without providing notice. Any party may end an employment contract, for a legitimate reason as long as the other party is informed in writing, keeps up performance of the contract throughout the notice period, and agrees to correct any fallout.