Understanding Workers' Rights in the UAE: Key Aspects of UAE Labor Law

The United Arab Emirates ("UAE") has established itself as a global hub for commerce and employment, attracting a diverse workforce from all corners of the world. In this realm, where business flourishes and a diverse labor force congregates, a profound comprehension of the intricate labor laws holds utmost significance. The UAE administration, under the umbrella of the Ministry of Human Resources and Emiratisation ("MOHRE"), has formulated labor statutes to safeguard the rights of laborers and cultivate a conducive work environment.

Let us delve into the fundamental doctrines of UAE labor laws in the private sector to equip both employers and employees with the required insights.

1.????? Working Hours

Standard Working Hours: Private sector employees in the UAE are typically required to work 8 hours per day or 48 hours per week. During the holy month of Ramadan, these hours are reduced by 2 hours daily to accommodate fasting practices.

Flexible Arrangements: The law allows for the increase or decrease of daily working hours for certain economic sectors or categories of workers. These adjustments are detailed in the Executive Regulations of the Labour Law, which cater to the unique demands of various industries.

Commuting Exclusions: Travel time from home to the workplace is not generally counted as part of the working hours; however, some exceptions exist for specific categories of workers.

Break Rights: Employees working five consecutive hours are entitled to one or more breaks, totaling at least one hour. These breaks are not included in the calculation of working hours.

2.????? Overtime Regulations

Overtime Requests: Employers may request employees to work overtime, but this must not exceed two hours in a single day.

Overtime Compensation: Overtime pay is calculated at the normal hourly rate plus an additional 25% for daytime work. If overtime occurs between 10 pm and 4 am, the compensation increases to 50%. However, this enhanced pay rate does not apply to shift workers.

Working on Off-Days: If an employee works on a scheduled off-day or during public holidays as per their labor contract, they are entitled to either a substitute rest day or additional pay equivalent to their usual wage plus 50%. If no substitute day is provided, the compensation increases to 150% of the regular wage.

3.????? Holidays and Leaves

The UAE's Decree-Law No. 33 of 2021 and its executive regulations set out clear guidelines for employee holidays and leaves, ensuring both workers and employers understand their rights and obligations. Here is a breakdown of the key provisions:

Weekly Rest Day: Every worker is entitled to at least one paid weekly rest day, as specified in their work contract or company regulations. The Council of Ministers may choose to increase the number of rest days, but the minimum is one per week.

Annual Leave Entitlement: Employees are entitled to annual leave with full pay based on their length of service:

• 30 days of leave for each year of service.
• 2 days per month for employees who have completed more than six months but less than a year of service.
• Employees are also entitled to leave for any parts of the last year of service if their employment is terminated before they use their annual leave balance.

Annual Leave for Part-Time Workers: Part-time workers are entitled to annual leave proportional to the hours worked. The calculation is based on the total working hours converted to working days, divided by the number of workdays in the year, with a minimum of 5 working days of annual leave per year.

Probation Period Leave: Employers may grant leave during the probation period from the employee's annual leave balance. If the employee does not pass the probation period, they are entitled to compensation for any remaining annual leave.

Carry Forward and Use of Annual Leave: Workers are entitled to take their annual leave within the same year it is earned. However, with employer approval, they may carry forward unused leave to the following year. Employers can also decide when employees take their leave based on business needs but must give at least one month’s notice.

Accrued Leave and Termination: If an employee resigns or is terminated before using their annual leave, they are entitled to payment for the accrued leave based on their basic wage. This applies even if only part of the year was worked.

Public Holidays During Annual Leave: Public holidays that fall within an employee's annual leave period count as part of the annual leave unless otherwise stated in the employment contract or company regulations.

Limit on Carrying Forward Leave: Employers cannot prevent employees from using their accrued leave for more than two years. However, employees may choose to carry it forward or receive a cash allowance for the unused days, as per company regulations.

Additional Paid Leave Entitlements: In addition to annual leave, workers are entitled to paid leave in the following cases:

Bereavement leave: 5 days for the death of a spouse. 3 days for the death of a parent, child, sibling, or grandparent.

Parental leave: 5 days for either parent following the birth of a child, to be used within six months of the birth, either continuously or intermittently.

Study leave: Up to 10 working days per year for workers enrolled in accredited educational institutions, provided they have been with the employer for at least two years.

Sabbatical leave for national service: For UAE nationals, this leave is granted in accordance with national legislation.

Proof of Leave: In order to receive the leaves specified (such as bereavement or parental leave), employees must provide valid documentation from the concerned authorities.

4.????? Contract Documentation and Job Offer Matching

Before establishing any work relationship in the UAE, whether you are inside or outside the country, it is essential to receive a formal job offer from the employer. The employer is required to use the Ministry-approved contract form when issuing the offer and requesting a work permit. While additional benefits may be included in the worker's contract, these must align with the job offer and comply with the Decree-Law and its regulations.?

5.????? Labour Complaints and Advisory Services in the UAE?

If you encounter any issues with your employer, the MOHRE provides several channels for addressing labour disputes. You can receive advisory services by contacting the Labour Claims and Advisory Center at 80084. Additionally, if your employer breaches their legal obligations, you have the right to submit a complaint to the Ministry within 30 days of the breach.

The Ministry aims to resolve such disputes within 14 days of submission through amicable settlement. If no agreement is reached, the case will be referred to the competent court for further action. Complaints can be submitted without visiting the Ministry through various channels, including:

• Smart App (Apple Store and Google Play)
• Call Center at 600 590000

If your case is referred to court, you must:

• Register the complaint with the court within 14 days of the Ministry’s referral.
• Obtain a permit from the Ministry if you wish to work for another employer during the dispute.
• Request the Ministry to cancel your original work permit within 14 days of the final court judgment if the employment relationship is terminated.

You may also apply for a temporary work permit with a new employer while your case is being heard, except if you have absconded from work.

6.????? Wage Protection System in the UAE

Under the Federal Decree-Law No. 33 of 2021, your right to receive wages on time and as agreed upon in your employment contract is safeguarded through the Wage Protection System (“WPS”). This system ensures that your wages are paid promptly and securely, according to the regulations set by MOHRE.

The law also guarantees that women receive equal pay for equal work, ensuring wage parity with men for the same role or any job of equivalent value. If you experience delays in receiving your wages, you can file a complaint through official channels or contact the relevant authorities for assistance.

7.????? Occupational Health and Safety in the UAE

The MOHRE enforces a comprehensive system to protect your health and safety, as outlined in Decree-Law No. 33 of 2021 regarding labour relations and its executive regulations. This law includes various preventive measures that employers must implement to safeguard workers from occupational injuries, diseases, fires, and other hazards that may arise from the use of workplace equipment.

To ensure compliance, the Ministry conducts regular field inspections of workplaces and labour camps, ensuring employers provide suitable accommodation that meets legal standards. Additionally, to protect workers from extreme heat, MOHRE enforces a mid-day work ban from 12:30 pm to 3:00 pm in open areas during the hot summer months, from June 15 to September 15 every year. This rule aims to prevent risks associated with direct sun exposure and heat-related illnesses.

8.????? End of Service Benefits

As an employee in the UAE, it is important to understand your entitlement to end-of-service benefits (gratuity) based on the Labour Law. Full-time foreign workers who have completed at least one year of continuous service are eligible for gratuity, calculated as follows:

• 21 days’ wage for each year of service during the first five years.
• 30 days’ wage for each year after the first five years.

Gratuity is calculated based on the employee's last basic wage, and any unpaid days of absence are excluded from the calculation. The benefit is also prorated for employees who worked part of a year but completed at least one year of service.

It is important to note that the total gratuity should not exceed the equivalent of two years’ wages. Employers may deduct from the gratuity any amounts legally owed by the employee.

For part-time or job-sharing workers, gratuity is calculated based on the ratio of hours worked compared to a full-time contract. However, workers with less than one year of service or temporary workers are not eligible for gratuity. National workers' end-of-service benefits are regulated under separate pension and social security laws.

9.?????? Prohibition of Discrimination

To promote equality, fairness, and safety while maintaining a healthy work environment, the UAE Decree-Law clearly prohibits:

• Employers from using any means to force, threaten, or compel workers to perform tasks against their will.
• Sexual harassment, bullying, and any form of verbal, physical, or psychological violence by the employer, superiors, colleagues, or others in the workplace.

The law further bans discrimination based on race, color, sex, religion, national or social origin, or disability that would impair equal opportunity or fair treatment in employment and job benefits. Employers must ensure no discrimination exists among workers performing similar tasks.

However, regulations aimed at increasing UAE citizens' participation in the labor market do not constitute discrimination.

10.?? General Worker Obligations

As a worker, you are required to fulfill the following obligations:

• Perform the work yourself, as directed and supervised by your employer, and do not outsource your tasks to others.
• Commit to good behavior, honesty, and professional integrity while at work.
• Preserve the production means and work tools provided by your employer and take the necessary actions to maintain them.
• Keep the confidentiality of information and data obtained through work and return any items in your custody to the employer at the end of your service.
• Follow occupational health and safety instructions and work diligently during the specified working hours.
• Continuously work to develop your skills and enhance performance.
• Do not work for others without permission and vacate employer-provided accommodation within 30 days after the end of your service unless otherwise agreed with the employer.

Government Employees: These regulations do not apply to government employees, municipal workers, or domestic servants, as they are governed by different employment rules.

For more information, visit MOHRE's Awareness and Guidance section.

Please note, this information is for general guidance and does not constitute legal advice.

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