Media in: The most important amendments in the (new) labor law in the UAE

What are the new work patterns in the new labor law?

The Federal Decree-Law regulating labor relations in the private sector introduced three types of work. The three types allow employers to meet their labor needs and benefit from their energies and productivity at the lowest operating costs. These new types are “part-time work”, “temporary work”. and “flexible work” in addition to the previously existing patterns.

Full-time: It is working for one employer for the full daily working hours throughout the working days.

Part-time work: It is work for an employer or employers for a specific number of working hours or days specified for work.

Temporary work: it means work for a specific period, or it focuses on a specific work and ends with its completion.

Flexible work: It is the work whose hours or working days change according to the volume of work and the economic and operational variables of the employer.

In addition to remote work, where all or part of the work is performed outside the workplace instead of being physically present, whether the work is part-time or full-time.

As well as what is known as work or job sharing, according to which tasks and duties are divided among more than one worker to perform the tasks agreed upon in advance, and it is reflected in the value of the wage due to each of them, so that it is proportional. They are dealt with according to part-time work regulations

What are the vacations prescribed in the new labor law?

Annual Leave: The worker is entitled to an annual leave with full pay of not less than thirty days for each year, and two days for each month for those whose service period is more than six months and less than a year.

Maternity leave: for the female worker (45) forty-five days, the first with full pay as maternity leave, in addition to (15) fifteen days following it with half pay, and this leave does not prejudice her right to obtain other leaves.

Mourning leave: for a period of 5 days in the event of the death of a husband or wife, and 3 days in the event of the death of a mother, father, child, brother, sister, grandchild, grandfather or grandmother, starting from the date of death.

Parental leave: for a period of 5 working days for the worker, whether the mother or the father who has a newborn, to take care of his child and who is entitled to it continuously or intermittently within a period of 6 months from the date of the child’s birth.

Study leave: for a period of 10 working days per year, for the worker who is affiliated or regularly studying in one of the educational institutions accredited in the country to take exams, provided that the period of service with the employer is not less than two years.

A sabbatical leave to perform national and reserve service with pay (for citizens). In order to obtain such licenses, evidence is required from the concerned authorities

The worker was also granted a paid rest day, with the possibility of increasing the weekly rest days at the facility’s discretion

What are the types of employment contracts in the new labor law?

It is a fixed-term work contract only. Unspecified work contracts are to be converted into fixed-term work contracts within one year from the date of entry into force of the decree

The term of the specified employment contract?

The contract specified in accordance with the “recent amendments” should not exceed (3) years, and it is permissible by agreement of the two parties to extend or renew the contract for other similar periods or for lesser or more periods. The length of continuous service of the worker.

The decree-law also required that the employment contract contain mainly the employer’s name and address, the worker’s name, nationality and date of birth, and what is necessary to prove his personality, qualification, job or occupation, rest days, due annual leave period, probationary period if any, contract duration, and date of employment. Joining work, workplace, working hours, agreed wages including benefits and allowances, notice period, procedures for terminating the employment contract and any other data decided by the Ministry as required to regulate the relationship between the two parties.

Is it permissible to change the type or pattern of the employment contract in accordance with the new labor law?

The contract may be changed from one type of work to another, provided the approval of both the worker and the employer, the fulfillment of all dues arising from the first contract, and the follow-up of the procedures specified by the Ministry.

The duration of the probationary period in the new labor law?

The probationary period should not exceed six (6) months.

Cancellation of the work contract specified by the employer during the trial period?

The employer may terminate the worker’s service during this period after notifying him in writing “fourteen (14) days prior to the date of termination of his service.

Does the worker have the right to leave work during the probationary period and to terminate the specific work contract?

The worker who wishes to transfer to another job and is still in the probationary period must notify the employer in writing “before a period of not less than one month from the date of his desire to terminate the contract.”

What are the rights of the worker at the end of the fixed-term employment contract?

The new labor law permits the worker, in the event of the termination of the work contract, and there is no agreement to renew the expired contract, to move to work for another employer and set a trial period not exceeding six months. More in continuous service The end-of-service reward at the end of his service is calculated according to the basic wage, at the rate of /21/ days wage for each year of the first five years of service and /30/ thirty days wage for each year of more than that.

How long is the notice period if the contract is terminated during the vacation period?

Both parties to the specified contract can terminate the contract during the leave period, provided that the notice period agreed upon in the contract begins from the next day scheduled for the worker’s return from leave.

What is the notice period for termination of the employment contract specified in the new labor law?

The notice period is the same as agreed upon in the contract, and it must not be less than (30) thirty days, and not more than (90) ninety days.

If the employment contract is terminated by the employer, the worker has the right to be absent for a working day without pay in any other case