James Berry & Associates Employment Department E-Bulletin
THE UAE LABOUR LAW DEFINED
The Federal Law No 8. Of 1980 is the legislation that governs UAE Labour Law. Given the huge number of expatriates employed in the UAE, it is significant to know some of the key terms contained in the UAE Labour Law and in many employment contracts and this Article aims to outline some of these.
An unlimited contract is one which has a start date but no end date. These types of contracts are usually the most common types of contracts in the UAE and are recognised as more flexible and employee friendly contracts, in comparison to fixed term contracts.
2.Fixed Term Contract
A fixed term contract is one which has both a start and an end date. These types of contracts terminate upon the expiry of the fixed term, unless either party terminates the contract earlier or the contract is renewed.
3.Ministry of Labour
The Ministry of Labour is the official department for all labour related matters in the UAE. This Department is responsible for issuing work permits (labour cards) to employees and for dealing with any work related issues between employers and employees.
4.End of Service Gratuity
An end of service gratuity is a monetary benefit/payment that employees in the UAE are entitled to receive, at the end of their service with their employer, providing that the relevant conditions are met.
Restrictive Covenants are binding legal obligations contained within an employee’s contract that impose particular restraints on certain types of employment activities of the employee, once their employment with their employer has ceased. The majority of employment contracts in the UAE contain these covenants and these can have a significant impact on the employee’s future employment prospects.
Under the UAE Labour Law, an employer is entitled to dismiss an employee without notice on the basis of certain grounds. In the event that such grounds are not satisfied then the employee’s termination will be recognised as arbitrary dismissal.
7. Wage Protection Scheme/System
The Wage Protection Scheme (“WPS”) is an initiative to safeguard payment of workers' wages via transfers through selected financial institutions authorised as well as regulated by the government.
WPS allows the Ministry of Labour to hold a database that records wage payments in the private sector to guarantee the timely and full payment of agreed-upon wages. Under the UAE Labour Law there are serious implications for employers who are in breach of the WPS.
8. Labour Card
A labour card identifies an employee and his/her place of work. A labour card must be issued prior to an employee commencing employment in the UAE.
9. Freezone Contract
Free Zone employees are sponsored by the relevant Free Zones and not by their employers, however the employees do maintain their right of action against their employers before the courts. Labour contracts in Free Zones are usually limited to two years.
10. Notice Period
If either party to an employment contract decides to terminate the contract then the terminating party must give to the other party sufficient notice. The UAE law prescribes a minimum notice period of 30 days, however the contract may provide for a longer notice period.
11. Director’s Service Agreements
A director or manager of a company in the UAE is obliged, when dealing on the company’s behalf, to act in its best interests at all times. Any Service Agreement drafted for a Director must be drafted carefully to include all of the duties and necessary restrictions to protect the Company.
Our employment team
Our expert employment team, consisting of UK trained lawyers, will be happy to assist with any of your employment queries, including but not limited to any questions relating to the termination of the employment relationship and an employee’s entitlements under the UAE Labour Law and drafting employment contracts/Director’s Service Agreements or key company Human Resources Policies, in line with good international practice.
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