Federal Decree-Law No.33 of 2021 regarding the Regulation of Employment Relationship.
Country
Type of law
Legislation
Abstract
This Decree, consisting of 74 articles, aims at (i) ensuring the efficiency of the UAE labor market by supporting the attraction and retention of future skills and talents and providing an attractive business environment for employers; (ii) regulating employment relationships and defining the rights and obligations of the parties; (iii) enhancing the flexibility and sustainability of the UAE labor market; (iv) improving the capabilities and skills of workers in the private sector, in a manner that enhances the efficiency and productivity of the Emirates' workforce; (v) providing protection to both parties to the employment relationship and enabling them to obtain their rights. The provisions of the Decree apply to all establishments, employers, and workers in the UAE private sector. Government workers, employees of the armed forces, police and security, and domestic workers are therefore excluded. Article 4 regards Equality and Non-discrimination provision and bans any discrimination based on race, color, sex, religion, national or social origin, or disability which would have the effect of nullifying or impairing equality of opportunity, or prejudicing equal treatment in the employment, the maintenance of a job, and the enjoyment of its benefits. The article establishes also that (i) rules and regulations that aim to enhance the participation of UAE citizens in the labor market shall not constitute discrimination; (ii) all provisions regulating the employment of workers without discrimination, shall apply to working women; (iii) a woman is granted a wage equal to the wages of a man if she performs the same work or an alternative work of equal value. Further measures in favor of female work are those contained in Article 30 on maternity leave which regulates absences from work (with full, half, or no wage) after the birth of the child and breaks per day to breastfeed. Furthermore, article 14 adds that the employer shall not use any means that would oblige or force the worker, threaten him with any penalty to work for it, or compel him to undertake work or provide a service against his will, and prohibits any sexual harassment, bullying, or any verbal, physical, or psychological violence committed against the worker by the employer, his superiors at work, colleagues or the persons who work with him.
Article 5 deals with youth employment, prohibiting the employment of any person under the age of 15 years old and giving the required conditions to employ the youth. Articles 8 and 9 regard the employment contract and the probationary period. Employer s obligations are defined in article 13 and include the investment of skills' development, prevention to protect workers from the risks of occupational diseases and injuries that may occur during work, requirements of health and occupational security and safety. Worker s obligations are defined in article 16 and include good behaviour and morals while undertaking work, keeping the confidentiality of information and data,
Among other topics included in the provisions of the Law, there are (i) recruitment and employment of workers; (ii) work patterns; (iii) employment contract; (iv) probationary period; (v) non-competition clause; (vi) employer s obligations; (vii) working hours, including overtime over the regular working hours; (viii) wage and minimum wage; (ix) work during holidays; (x) compensation for work injuries and occupational diseases; (xi) disciplinary sanctions; (xii) unlawful termination of the worker s service.
Article 5 deals with youth employment, prohibiting the employment of any person under the age of 15 years old and giving the required conditions to employ the youth. Articles 8 and 9 regard the employment contract and the probationary period. Employer s obligations are defined in article 13 and include the investment of skills' development, prevention to protect workers from the risks of occupational diseases and injuries that may occur during work, requirements of health and occupational security and safety. Worker s obligations are defined in article 16 and include good behaviour and morals while undertaking work, keeping the confidentiality of information and data,
Among other topics included in the provisions of the Law, there are (i) recruitment and employment of workers; (ii) work patterns; (iii) employment contract; (iv) probationary period; (v) non-competition clause; (vi) employer s obligations; (vii) working hours, including overtime over the regular working hours; (viii) wage and minimum wage; (ix) work during holidays; (x) compensation for work injuries and occupational diseases; (xi) disciplinary sanctions; (xii) unlawful termination of the worker s service.
Attached files
Date of text
Entry into force notes
This Law enters into force on February 2, 2022.
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No
Original title
(33) 2021