Who wouldn’t want to work and live in one of the world’s most appealing, lucrative, and sensational cities? Yes, guess what? No one!
Every other person in this world has a strong desire to work and live in the land of their dreams. The one with high-paying compensations, lucrative packages, a standout social lifestyle, and mesmerizing locations. And when we think and say of all these fanciful things – United Arab Emirates has a lot to offer in terms of the said features. The biggest attractive place in the UAE, i.e., Dubai has been a destination that people dream of living and working in.
However, Dubai isn’t just famous for the high wages it offers, and the lavish lifestyle one can get by living in here. It is equally important to note that Dubai is in the United Arab Emirates, and considering the fact that it is an Islamic country, the rules, regulations, prohibitions, and obligations are pretty strict and will be dealt with according to the Penal Code of UAE and might be undermined under the Shariah System of the UAE.
6 Legal Factors to Know about Labor Law in Dubai 2022
So, this is where people who are new in the UAE must learn about the legal elements that can be used against you if you break them.
With that said, here are the 6 most critical aspects that, according to the top-class legal advisors in Dubai, everyone must learn about them in order to save themselves from the future consequences.
a) Entitled for Annual Leaves
One thing that is paramount to note is that all the laborers or employees working in the UAE are entitled to get annual leaves. This also includes the public holidays announced or declared by the government or authorities of the UAE. Moreover, be it a public holiday or annual leaves, employees are entitled to get full payment on the following occasions;
- All the Islamic Festivities such as 2 days off on Eid-ul-Fitr, 4 days off on Eid-ul-Adha and Arafat Day, 1 day off on Commemoration Day, 2 days off on National Day, and 1 day off each on New Year and Islamic New Year.
- Furthermore, the annual leave period for the employees is according to the job role and service period in the UAE. If the service is from 6 months to 1 year, 2 leaves for each month will be given. Similarly, for job periods exceeding 1 year, 2 leaves for each month. However, if the employment contract is terminated due to any reason, the employee is entitled to have a fraction of the annual leaves according to the last serving year.
b) Right to Get Paid
Another thing that labor law strictly indicates is that all the employees must get paid in the national currency on the payday decided. The amount can be handed over on-site or in the bank account, which varies from company to company and also from an employee to employee position. The employees who are on a monthly payroll must be paid once a month without any delay as per the legal instructions for every employer in the UAE.
Moreover, no employer can force an employee to acquire services or make purchases of products from the company as bound to any legal procedure. This is what gives liberty to the employees within a liberal and equal society.
c) Maternity Leaves Grant
The Labor Law of the United Arab Emirates has a clear and understandable Federal Law No. 8, Article No. 30, ‘All the female workers are entitled to maternity leaves including a full pay that covers 45 days in total.’
In addition, in order to get the maternity leave grant from the employer, a female employee must be in the whole service with their employer for a period of 1 year or more than it. However, it is also clearly validated that if the service period is less than 1 year, an employee will be entitled to maternity leave as well as half pay.
d) Employers Can’t Keep Employees’ Passports
Employees cannot keep their employees’ passports forcefully as it has become a common practice. This is clear in all the laws and regulations, and the offending party will be punished as per the rules if they are found to be the committer of this crime.
According to the laws and regulations described in the UAE’s Penal Code, the employer can only take or ask for the employee’s passport if they require the passport for essential document filing, renewal or visa, or applying for a new visa.
e) Notice Period Rules
The minimum notice period is around 30 days as per the international standards. However, it is also paramount to note that the notice period can be capped to 90 days in some cases. Moreover, it is also important to note that the departing employees are not likely to be welcomed by the employers considering their focus has shifted to finding a good replacement for the leaving resource.
f) Safeguarding Civil Liberties against Discrimination
The law of the UAW stands for equality and civil liberties. It does not encourage discriminatory actions that prohibit bullying, harassment, or verbal and physical actions considering the discriminatory acts. In order to make this law enforced and stand on solid grounds, necessary provisions are being made by the UAE’s government to ensure no worker in the UAE is subjected to discernment.
g) Gratuity Calculation
Another factor to note considering the labor law case in the UAE is the gratuity calculation that is being done at the end of your employment service. The calculation process is easy, and it is done on the basis of total working days without having anything likely to interact with the overall happening. However, no prior changes have been recorded in this matter, and if there are any, the employees will be informed about the changes made.
The Final Takeaway
So, in a nutshell, these are some of the labor law rules and regulations in the UAE that every employee coming into the UAE must be aware of.