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This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document FEDERAL DECREE -LAW NO. 9 OF 2022
CONCERNING DOMESTIC WORKERS AND ITS AMENDMENTS
We, Mohamed Bin Zayed Al Nahyan, President of the United Arab
Emirates
- Having perused the Constitution
- Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries
and powers of the Ministers and amendments thereof
- Federal Law No. 35 of 1992 promulgating the Criminal Procedure s Law
and amendments thereof
- Federal Law No. 10 of 2017 Concerning Domestic Workers
- Federal Decree -Law No. 29 of 2021 Concerning the Entry and Residence
of Foreigners
- Federal Decree -Law No. 31 of 2021 promulgating the Crimes and
Penalties Law
- Federal Decree -Law No. 33 of 2021 regulating labor relations
- As proposed by the Minister of Human Resources and Emiratisation and
approved by the UAE Cabinet
Promulgated the following Decree -Law :
Article 1
Definitions
For the purposes of implementing the provisions of this Decree -law, the
following terms and expressions shall have the meanings opposite thereto
unless the context requires otherwise :
State : United Arab Emirates
Ministry : Ministry of Human Resources and Emiratisation
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Minister : Minister of Human Resources and Emiratisation
Domestic Service : Service s performed by a worker to an employer
or his/ her family in the employer’s residence in
accordance with the provisions of this law.
Domestic Worker : A natural person who performs a household
service for a wage under the direction,
supervision, and guidance of his / her employer
Employer : Any individual or recruitment agency that hires a
worker for domestic duties .
Family / the
Employer's Family : Any individual bound by kinship or marriage to
the employer or receiving financial support from
the employer in accordance with applicable laws .
Workplace : Permanent or temporary residence of the
employer/beneficiary or his/h er family ,
including residential properties , farmland or
similar facilities
Recruitment Agency : A company authorized to act as an intermediary )
whether through a physical location or a digital
channel) to recruit workers upon the employer's
request, or to assign temporary employees to
jobs in accordance with the provisions of this
decree law.
Direct recruitment of
a Named Domestic
Worker : A domestic worker may be recruited by the
domestic worker recruitment office from outside
the list of domestic workers registered with the
office based upon the employer's request and
demand .
Temporary
Employment : In this system, an agency hires a worker for the
purpose of assigning the worker to a third party This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document (the beneficiary), in accordance with the
requirements of this law, to perform a particular
category of tasks under the beneficiary’s
supervision and direction .
Recruitment of
Domestic Workers
through Mediation : A service provided by the recruitment agency in
which domestic workers are recruited to be
registered under the employer's file without the
agency becoming a party.
Beneficiary : Any natural person who employ s a domestic
worker to perform certain tasks under his/her
supervision and direction pursuant to a
temporary employment terms and conditions. It
may be for a specific period of time or for the
purpose of performing a specific task or service .
Employment
Contract : Any Contract between an employer and a
domestic worker governing the rights and
obligations of both parties in accordance with the
unified standard c ontract adopted by the
Ministry.
Probation Period : A trial period required by the employer for a
newly hired domestic worker, which allows the
employer to evaluate the worker’s performance ,
conversely , allow the domestic worker to be
familiar with his/her responsibilities and the
work environment, and accordingly, the
employment contract may be continued or
terminated in accordance with this Decree -Law,
its Implementing Regulation, and the decisions
issued in implementation thereof .
Basic Remuneration : The basic salary specified in the employment
contract, without addition al bonuses, allowances,
or any other benefits . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
Total Remuneration : Basic wa ge plus all allowances, bonuses in
addition to any other benefits stipulated in the
domestic worker's employment contract –if any.
Article 2
Objectives of the Decree -Law
The following objectives are intended to be achieved by this Decree -Law:
1. Establishing a framework for employment relationships with domestic
workers in the state , outlining the responsibilities of the parties, in a
manner that ensures an equitable balance between the rights of both
parties.
2. Maintaining a safe and healthy working environment for domestic
workers in compliance with local laws and international agreements .
Article 3
Scope of Application
1. The provisions of this Decree -law shall apply to the recruitment and
employment of domestic workers whose occupations are listed in its
Implementing Regulation.
2. The Minister may amend the occupations stipulated in Clause (1) of this
Article in order to meet market demand for domestic workers .
3. In the event that the domestic worker travels abroad with his / her
employer or family members, it is mandatory for all parties to the
employment contract to abide by the terms of the employment contract
unless otherwise provided by the laws of the foreign country of
destination.
Article 4 This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Licensing o f Domestic Workers Recruitment Agencies
1. Domestic workers may not be hired or temporarily employed with out a
license from the Ministry, in accordance with the provisions of the
Implementing Regulation of this Decree -Law and the decisions of the
Ministry relating thereto.
2. Domestic workers may only be recruited or employed in accordance with
the requirements, regulations, and procedures stipulated in this Decree -
Law, its implementing its Implementing Regulation and the decisions of
the Ministry relating thereto , as well as any other relevant legislation in
force in the UAE, subject to compliance with any licensing requirements
for each occupation, where applicable.
3. Recruiting or hiring a domestic worker under the age of 18 is prohibited .
4. The following acts must not be committed by employers and recruiters
of domestic workers, whether they are hired on a temporary basis or
retained on a permanent basis:
a) Discrimination against domestic workers on the basis of race,
color, gender, religious belief, nationality, ethnic origin, or
disability, which would hinder equal opportunities or prejudice
adequate employment opportunities and rights .
b) Any form of sexual harassment perpetrated against a domestic
worker, whether it is verbal or physical in nature .
c) Forced labor or any practice that constitutes human trafficking
according to local laws and state -ratified agreements .
5. The Ministry prohibits the employment of domestic workers for any
tasks that are not covered by this decree -law without obtaining a prior
approval.
6. The Minister shall issue a decree regulating recruitment agencies setting
forth the conditions that should be satisfied by employer s in order to be
able to recruit and employ domestic workers governed by the provisions
of this decree -law, as well as the rules, procedures , statements and forms
that must be used by these recruitment agencies. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
Article 5
Recruitment Agencies' Obligations
The following principles are to be observed by recruitment agencies :
1. Avoid recruiting a domestic worker from his/her country of origin
without first providing him/her with information regarding the type,
nature, and wages of the work required. Furthermore , it is necessary to
proof that the domestic worker is physically, psychologically, and
professionally fit, taking into consideratio n the nature of each profession ,
in addition to other conditions specified in the Implementing Regulation
of this decree -law and the decisions of the Ministry relating thereto .
2. It is prohibited for the Agency to demand or accept, directly or indirectly,
any commission for securing the job from any domestic worker or to
charge them any expenses.
3. Required medical examination s for the domestic worker must be
conducted within a period of 30 days prior to the domestic worker's
arrival in the UAE.
4. Provide education and exposure to the customs and traditions of UAE
society to the domestic worker .
5. The Agency should provide a decent equipped temporary
accommodation for domestic workers (whether they are registered
under the office or mediated by the office for that purpose , for the period
before moving to their workplace or those who are returne d to the office
for any reason), in accordance with the rules and regulations pertaining
to labor accommodations in the state and any other requirements set by
the Ministry.
6. Being courteous to the domestic worker and treat him/her with respect
and avoid exposing him/her to violence . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
7. Make certain that domestic workers are aware of their rights and direct
them to the proper channels in the eve nt that their rights or freedom are
violated.
8. Provide the employer with a booklet of wage receipts or any other
documentation that proves the payment of wages to the domestic
worker to ensure that the latter receives his/her wages in accordance
with the process and chan nels specified by the Ministry .
9. Assume the cost of repatriating the domestic worker, and provide the
employer with a suitable replacement without incurring any additional
expenses, or reimburse the employer for all payments made, in
accordance with the decisions issued by the Ministry .
10. Additional obligations of Recruitment Agencies towards domestic
workers, employers, the Ministry, and recruitment agencies outside the
country, as outlined by the Implementing Regulation of this Decree -Law
and the decisions of the Ministry relating thereto .
Article (6)
Domestic Worker's Employment Contract
1. Recruitment agencies and employers shall enter into a Contract , in
accordance with the unified standard contract mandated by the Ministry,
defining their respective responsibilities relating to the recruitment of
domestic workers, in particular, this contract shall include the following:
a) Recruiting domestic workers based on the employer's requirements
b) Employers must comply with domestic workers rights and privileges,
particularly those related to t he type of work and total wages.
c) Amounts incurred by the employer in connection with the domestic
worker's travel from their home country to the UAE and the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document compensation fo r the services rendered by the r ecruitment office . The
Minister may, after the approval of the UAE Cabinet , establish the
controls and fees structure for recruitment services .
d) Time required for the completion of the recruitment process .
2. In the event that the recruitment agency fails to comply with the
provisions contained in clause (1) herein , the recruited domestic worker
may be refused employment by the employer . In this case, the provisions
outlined in the Implementing Regulation and any relevant decisions
issued by the Ministry regarding the provision of an alternative domestic
worker or reimbursement of recruitment fees to the employer will apply.
This is without prejudice to the employer's right to seek compensation
from the recruitm ent office for any damages incurred as a result of the
breach of contract.
Article 7
Employment Contract
1. Employers are required to enter into an employment contract with
domestic workers in accordance with the unified standard contract
mandated by the Ministry of Human Resources and Emiratisation , and a
copy of the contract must be given to the worker.
2. The employment contract shall clear ly indicate the names of both parties,
the date of the contract, date of joining, nature and place of work,
duration of the contract, total amount of remuneration , payment method,
authorized leave, probation period, rest periods, as well as any instances
that may result in the termination of the contract, as outlined in the
Ministry's standard contract unified standard.
3. The duration of a limited employment contract is two years and may be
renewed for a similar period . A contract may be extended under the same
conditions if both parties continue to apply the contract after the
expiration of its initial term it should be understood that the original
contract has been extended , under the same conditions including the
duration of the contract. Upon mutual agreement of the parties to the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document employment contract , the contract may be terminated prior to its
expiration date.
Article 8
Probation Period
The employer may appoint a domestic worker on a probationary basis for a
period of not more than (6) six months from the date of employment .
Article 9
Working Hours and Weekly Holiday
1. Domestic workers are entitled to a paid weekly rest day under the
Implementing Regulation of this Decree -Law. If the domestic worker is
required to work during his rest day, she/ he shall be granted alternate
one day off for rest or be compensated cash in lieu for this rest day.
2. Domestic workers are entitled to rest of at least twelve hours (12) per
day, of which at least eight (8) hours are consecutive working hours , in
accordance with the executive decisions issued by the Ministry.
Article 10
Leaves
1. The domestic worker is entitled to an annual leave of not less than 30
days for each year of service which shall be paid in full before his/her
departure on annual leave . For periods exceeding six months but less
than one year of service, the domestic worker shall be entitled to two
days per month . Depending on the circumstances, the employer may
determine the date on which annual leaves are to commence, and he may
choose to divide the leave into two parts if necessary .
2. The employer should pay the domestic worker's wage in addition to cash
in lieu of leave for the days during which he/she worked if the exigencies
of his/her work necessitate the domestic worker to work during his/her
annual leave in whole or in part, and t he period of leave during which This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document he/she has worked has not been carried forward to the next year.
However, it is prohibited for a domestic worker to work during his /her
annual leave more than once during two consecutive years .
3. A domestic worker's annual leave includes holidays prescribed by law
that occur duri ng the period of his/ her annual leave.
4. In the event that a domestic worker wishes to spend his /her annual leave
in his /her home country, the employer must incur the cost of the return
ticket once every two years. In the event that both parties agree to
terminate the contract following the domestic worker annual leave, the
employer will bear the cost of the return ticket only.
5. Upon expiration or termination of the domestic worker's employment
contract, he / she will be entitled to receive cash in lieu of the unused
annual leave days. The cash in lieu of leave is calculated on the basis of
the last remuneration received by the worker .
6. Domestic workers are entitled to a sick leave of 30 days for each year of
service either continuous or intermittent , which may be availed
whenever a medical report issued by an approved health authority
demonstrates that the worker is in need of such leave , calculated in the
following manner :
a. The first fifteen days are paid in full.
b. The next fifteen days at half pay.
7. If the domestic worker's behavior contributed to the illness, no payment
will be made during sick leave .
Article 11
Obligations of the Employer
Employers are required to follow the obligations outlined in employment
contracts in addition to the following: This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. Provide all the facilities needed for the domestic worker to perform his /
her duties effectively.
2. Prepare an appropriate accommodation for the domestic worker .
3. Provide the domestic worker with meals and clothing necessary for the
perform ance of their duties, provided that the worker is employed on a
full-time basis and not on temporary basis unless agreed otherwise.
4. Timely p ayment of remuneration to domestic workers in accordance
with the employment contract, this Decree -Law and the Ministry's
decisions .
5. Incur the costs of the domestic worker's medical care in accordance with
the health system in effect in the state, or, alternatively, provide the
domestic worker with appropriate health insurance in accordance with
the laws and regulations governing the state's health system .
6. Be respectful of the domestic worker, treat him/her with courtesy, and
maintain his/her dignity and safety .
7. In no case may the domestic worker be employed by any other person
except in accordance with the Implementing Regulation of this Decree -
Law and the decisions issued by the Ministry.
8. Refrain from hiring any domestic worker unless he/she has a valid
license to work, as outlined in this Decree -Law and in the decisions issued
by the Ministry .
9. Providing the prescribed compensation for work injuries and
occupational diseases as provided for in Decree -Law No. 33 of 2021
regarding the regulation of labor relations referred to, and decisions
issued in implementation thereof . Employers may not be relieved of this
obligation unless the insurance company pays the compensation outlined
here in.
10. The domestic worker may not be assigned a duty that is different
from the nature of his /her work, except with his/her explicit consent , This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document provided that the occupation is listed in the Implementing Regulation of
this Decree -Law.
11. The domestic worker should be allowed to retain all official
documents.
12. In the event of the death of a domestic worker during service,
his/her heirs will be entitled to the wages for the month in which he /she
died, in addition to any other entitlements due this worker .
13. Employers may not charge domestic workers any costs or charges
whatsoever , whether directly or indirectly, unless otherwise specified in
this Decree -Law and its Implementing Regulation, in decisions issued by
the Ministry, or in the contract form approved by the Ministry .
14. Any violation of the applicable legislation by a domestic worker
should be reported to the Ministry, and the employer must abide by any
decision made by the Ministry.
15. The employer shall incur the costs associated with repatriating the
domestic worker to his / her country of origin in accordance with the
provision s of this Decree -Law and its Implementing Regulation.
16. In addition to other obligations prescribed by this Decree -Law, its
Implementing Regulation and decisions made by the Ministry .
Article 12
Obligations of the Domestic Worker
Domestic workers are required to follow the obligations outlined in
employment contracts in addition to the following :
1. The domestic worker must perform his/her duties under the supervision
of the Employer and in compliance with the provisions of the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Employment Contract, maintain a high standard of care and diligence
while performing his/her duties, and refrain from absenteeism without
valid reason.
2. Observe and adhere to the customs and traditions of society .
3. The domestic worker shall comply with the employer's instructions
regarding the completion of the agreed work, unless these instructions
violate the employment contract, the law, public order, public morals, or
expose him /her to danger or legal repercussions.
4. Provide care and maintenance for the items in his/her possession or at
his/her disposal by following the necessary safekeeping procedures .
5. A domestic worker must respect the privacy of the workplace and shall
not divulge any information or secrets that may have come to his / her
knowledge during the course of the employment.
6. Work tools/items must not be taken outside the workplace except with
the permission of the employer, and should be kept in their designated
locations at all times .
7. Provide necessary aid and assistance in the event of disasters and
hazards that threaten the workplace and its occupants .
8. In addition to other obligations prescribed by this Decree -Law, its
Implementing Regulation and decisions made by the Ministry .
Article 13
Occupational Health and Safety
Both the employer and the domestic worker shall adhere to the approved
occupational health and safety requirements a nd preventative health This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document measures, i n accordance with the Implementing Regulation of this Decree -Law,
in addition to any other applicable state laws.
Article 14
Temporary Employment
1. The domestic workers recruitment office functions as the employer for
temporary employment without affecting the obligations of the domestic
worker to the person who benefits from the service or his family.
Temporary employment terms are governed by the Implementing
Regulation of this Decree -Law .
2. Workers employed under temporary employment for beneficiaries will
be subject to the provisions of this Decree -Law, which regulates the
relationship between the workers and beneficiaries.
Article 15
Remuneration
1. Monthly salaries are to be paid in UAE dirhams within a period not
exceeding 10 days from its maturity date . The Ministry may establish the
method it deems most appropriate in order to ensu re the timely payment
of wages.
2. Domestic workers are entitled to their wages as soon as they enter the
state or change their status, and the payment of the wage must be
confirmed by a written receipt, or any other means determined by the
Ministry.
Article 16
Deductions
1. Deductions of not more than a quarter of the domestic worker's pay shall
be made for debts payable in execution of a court judgment.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 2. If the domestic worker caused any loss, damage or destruction to any
tools, machines, equipment or products owned by the employer, kept in
the custody of the worker or under his/her disposal, then the employer
has the option to deduct from the worker's pay the amount required for
rectifying error or restoring the item to its original condition, this
arrangement is subject to the consent of the domestic worker or approval
of the Ministry if the worker declines . In such a case, the deduction cannot
exceed one quarter of the domestic worker's salary .
Article 17
Suspension of Remuneration
1. In the event that a domestic worker is imprisoned in provisional
detention, his/her wages will be suspended for the duration of his
confinement.
2. In the event that a criminal case is filed in response to the notification
from the employer against the domestic worker, if the court issues a
judgment releasing the worker from standing a trial or acquits him/her,
his/her remuneration for the suspension period must be paid in full ,
however, if the domestic worker is indicted, such pay will be forfeited .
3. In the event that a criminal case is filed in response to the notification
from a third party, and if a domestic worker is found guilty, his/her
suspended wages will be forfeited , however, if the investigation is
terminated , or if the worker is acquitted, the complainant shall be
required to pay the worker his/her suspended wages, unless the
domestic worker agrees with complainant otherwise.
Article 18
Job Abandonment
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. A domestic worker may leave work in specified circumstances under the
Implementing Regulation of this Decree -Law and in accordance with the
decisions issued by the Ministry .
2. Employers must notify the Ministry within five days if a domestic worker
abandons work .
3. A domestic worker must inform the Ministry within two days of leaving
work without the employer's knowledge .
Article 19
Non -Default Termination
Following are the circumstances in which the employment contract terminates:
1. Expiry of the period specified in the employment contract unless the
contract is extended in accordance with the provisions of this Decree -
Law and its Implementing Regulation.
2. Death or total disability of the domestic worker as determined by a
medical report approved by the competent State Medical Authority .
Employers are responsible for the costs of repatriating a deceased or ill
worker to their homeland.
3. Death of the employer, however, the contract may remain valid until its
expiration date provided that an agreement exists between the family
and the domestic worker .
4. Conviction or imprisonment of the domestic worker on a felony or
misdemeanor charge s.
5. Mutual consent of both parties to terminate the contract .
6. If the domestic worker exhausts all his / her sick leave or if the domestic
worker is medically un-fit to work .
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 7. In the course of a year, if the domestic worker is absent more than (10)
ten consecutive days or (15) fifteen intermittent days without a valid
reason.
8. A breach of the contractual obligations by either party to the contract
may lead to the application of the provisions of Article 20 of this Decree -
Law.
9. Upon the expiration of the employment contract, the employer shall pay
the domestic worker's compensation within (10) ten days from the
contract expiry date , depending on the circumstances and as specified in
the Implementing Regulation.
Article 20
Termination of the Employment Contract
1. A contract may be unilaterally terminated by either party if the other
party fails to fulfill its obligations outlined in Articles 11 and 12 herein.
2. If the termination of the employment contr act was made for reasons not
attributed to the domestic worker, the employer will be liable to pay the
worker's due compensation in addition to the expenses for repatriating
the worker to his/her home country.
3. If the domestic worker opts to terminate the employment contract after
the probation period for reasons attributed to him/her , there will be
specific obligations under the following circumstances:
a) If a domestic worker is recruited by name / direct recruitment: The
worker will be liable to bear the costs of his /her repatriation to
his/her home country and to any amounts due to the employer
acknowledged by the domestic worker . It is the employer's
responsibility to compensate domestic workers who are unable to
cover the cost of their repatriation.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document b) Domestic workers recruited through recruitment agencies are
subject to the provisions of Article 5 of this Decree -Law .
Article 21
Transfer to a New Employer
1. Domestic workers are permitted to transfer to new employers provided
that all contractual requirements are met, while observing the rights of
the original employer, and in accordance with the conditions and
procedures prescribed by a Ministerial decision.
2. If the domestic worker joins another employer, the original employer will
not be liable to pay the costs of repatriating the domestic worker to
his/her home country, in accordance with Decree -Law, its Implementing
Regulation and decisions issued by the Ministry.
Article 22
End of Service Gratuity
On the Minister's recommendation, the UAE Cabinet shall adopt the rules and
regulations for calculation and payment of end of service gratuity for domestic
workers .
Article 23 *
Resolving Disputes and Complaints
1. In the event that a dispute arises between the employer and the domestic
worker, and both parties fail to reach an amicable agreement, the dispute
must be referred to the Ministry, which has the authority to take the
following actions:
* The article is amended in accordance with the Federal Decree -Law No. (8) of 2024 Revising Some Provisions of Federal Decree -Law No. (9)
of 2022 Concerning Domestic Workers This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document a) The Ministry shall take all measures necessary to resolve the dispute
amicably. This will be done in accordance with the procedures stipulated
in this Decree -Law and decisions issued by the Ministry.
b) The dispute shall be referred to the competent court of first instance if
attempts to reach an amicable settlement within the time limit
prescribed in the implementing regulation of this Decree -Law do not
succeed. The referral must be accompanied by a memorandum which
summarizes the dispute, the parties' arguments, and the Ministry's
recommendations.
2. As part of its responsibility to examine and study complaints received from
employers and domestic workers recruitment agencies, the Ministry may
take the following actions :
a) Take all measures necessary to resolve the dispute amicably. This will be
done in accordance with the procedures stipulated in this Decree -Law
and decisions issued by the Ministry.
b) In the event that an amicable settlement cannot be reached within two
weeks of receiving the complaint, the dispute will be referred to the
competent court of first instance . The referral must be accompanied by a
memorandum which summarizes the dispute, the parties' arguments,
and the Ministry's recommendations.
3. According to paragraphs (1) and (2) of this article, the Ministry will
adjudicate disputes submitted to it in accordance with the two paragraphs
referred to in the decision, provided that the value of the claim does not
excee d 50,000 fifty thousand dirhams or whose dispute is concerning either
party failing to adhere to an amicable settlement decision previously issued
by the Ministry, regardless of the claim's value.
4. In accordance with paragraph No. 3 herein, the decision of the Ministry
rendered to adjudicate the dispute shall be regarded as an executive bond,
and stamped with the executive formula in accordance with the usual
procedure. Both parties to the dispute are entitled to file a lawsuit withi n
(15) fifteen working days following notification or announcement of the
decision before the competent court of first instance. The court shall
schedule a hearing within three working days of the date the case is filed, This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document notify the parties to the dispute of the hearing date, and decide the case
within thirty (30) working days of the filing date. In accordance with this
paragraph, the ruling of the competent court of first instance in the subject
of the dispute shall be the final ruling. Upon filing the lawsuit, the Ministry's
decision referred to in this provision will be suspended .
5. No lawsuit pertaining to one of the disputes mentioned in this article shall
be accepted without following the procedures and deadlines stipulated in
this article .
6. If the Ministry identifies any violations of this Decree -Law or its
Implementing Regulation during the examination of the aforementioned
disputes and complaints contained herein , the Ministry shall have the right
to take the necessary steps to control and enforce the penaltie s stipulated in
this Decree -Law and its implementing regulation in accordance with the
procedures established by a Ministerial decision .
7. without prejudice to the provisions of this Article, the Ministry has the right,
during the considerati on of a dispute or complaint in accordance with the
procedures it sets forth, obligate the Domestic Workers Agency to pay any
obligations incurred under the provisions of this Decree -Law, its
implementing regulation, or the contract , in relation to a domestic worker,
employer, or beneficiary as the case may be.
Article 24
Inspection
1. Employees of the Ministry, appointed by the Minister of Justice in
agreement with the Minister, for the purposes of proving violations of
this Decree -Law, its Implementing Regulation, and the decisions issued
in implementation thereto, enjoy the prerogatives of judicial officers.
Ministry Inspectors shall have the following powers:
a. Monitor the proper implementation of this Decree -Law, its implementing
regulations, and the decisions issued in implementation thereto.
b. Report violations of this Decree -Law, its implementing regulations, and
the decisions issued in implementation thereto .
c. Inspection of domestic workers recruitment agencies. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document d. Inspection of domestic workers' places of work and residence, including
accommodation s provided by the recruitment agency for domestic
workers .
2. Inspectors may not enter the employer's family residence without the
consent of its owner , or with the permission of the Public Prosecutor in
the following two circumstances:
a. A complaint is submitted by the employer or the domestic worker
b. Existence of reasonable evidence of violation of the provisions of the
Decree -Law , its implementing regulations, and the decisions issued in
implementation thereto.
3. In accordance with Clause (2) of this Article, the places of residence and
work of domestic workers are excluded, including farms, manors and
similar places which are not considered a residence of the employer and
his family .
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Article 25
Violations and Administrative Penalties
1. The Executive Regulation of this Decree -Law sets forth the
administrative penalties applicable to violation of the provisions of this
Decree -Law, its Implementing Regulation, and the decisions issued in
implementation thereto.
2. This Decree -Law specifies the cases where some administrative
measures may be taken on the file of an employer, a domestic worker, or
a recruitment agency, requiring those parties to comply with the
provisions of this Decree -Law, as outlined in the Implementing
Regulation and the Ministry's decisions.
Article 26
Legal Proceedings
1. The state courts have jurisdiction over disputes and litigation filed under
this Decree -Law, its implementing regulations, and the dec isions issued
in implementation thereto.
2. A lawsuit concerning any of the entitlements referred to under the
provisions of thi s Decree -Law shall not be heard a fter the lapse of three
months from the date of termination of the employment relationship.
3. Actions and applications filed by domestic workers shall be exempt ed
from judicial fees throughout the entire litigation process . Such actions
will be expedited.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Article 17
Penalties
1. Penalties imposed under this Decree -Law shall not preclude the
imposition of harsher penalties under any other law.
2. Those who commit the following acts are subject to imprisonment for up
to (6) six months, a fine of at least 20,000 dirhams (Twenty Thousand
Dirhams) and up to 100,000 dirhams (One Hundred Thousand Dirhams),
or one of these penalties:
a. The submission of false information or documents with the intention
of recruiting a domestic worker to work in the state .
b. The act of obstructing or preventing a judicial officer from
implementing this Decree -Law, it’s Implementing Regulation, and the
decisions issued in implementation thereto , or attempting to prevent
such officer from performing his duties, whether through force,
violence, or threats of inflicting harm or violence.
c. Disclosure of any secrets of the organization where he is employed
(confidential information) he had access to while serving in the
capacity of a public officer responsible for implementing the
provisions of this Decree -Law, it’s Implementing Regulation , and the
decisions issued in implementation thereto , even if such disclosure
occurs after the individual leaves the organization.
3. A fine of at least AED 50,000 (Fifty Thousand Dirhams) and up to AED
200,000 (Two Hundred Thousand Dirhams) shall be imposed on those
who commit the following:
a. Provides employment to a domestic worker without obtaining a work
permit for the latter.
b. Employs or recruits a domestic worker and fails to provide him /her
with employment. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
c. Make use of work permits for domestic workers for purposes other
than those for which they were issued .
d. Closure or cessation of the recruitment agency operations without
following the necessary procedures for the settlement of domestic
workers' dues in violation of the provisions of this Decree -Law, its
Implementing Regulation, and the decisions issued in implementation
thereto .
e. Recruits or employs a juvenile under the age of (18) eighteen years, in
violation of this Decree -Law.
f. Assisting a domestic worker to abandon employment or providing
them with shelter or housing in order to exploit or employ them in an
illegal manner .
4. Those who commit the following acts are subject to imprisonment for up
to (1) one year , a fine of at least 2 00,000 dirhams ( Two Hundred
Thousand Dirhams) and up to 1 ,000,000 dirhams (One Million Dirhams),
or one of the two penalties :
a. Engaged in any form of mediation or temporary employment of domestic
workers without obtaining a license pursuant to the provisions of this
Decree -Law, it’s Implementing Regulation, and the decisions issued in
implementation thereto .
b. Those who misuse the authorization/login credentials granted to them
to access t he Ministry's systems, or allowing others to access such
systems in a manner that disrupts labor relations or procedures.
5. Domestic Workers Recruitment Agencies who violate this Decree -law,
it’s Implementing Regulation , and the decisions issued in
implementation thereto shall be subject to a fine of not less than (50,000)
fifty thousand dirhams, and not more than (200,000) two hundred
thousand dirhams.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 6. A fine of no less than AED 5,000 (Five Thousand Dirhams) and no more
than AED 1 ,000,000 (One Million Dirhams) shall be imposed on those
who violate any provisions of this Decree -Law, the Implementing
Regulation and the Resolutions issued in implementation thereof.
7. According to the provisions of this Decree -Law, its Implementing
Regulation , or the decisions implementing them, the fines imposed shall
be multiplied in respect of the number of workers involved in the
violation , up to a maximum fine of 10,000,000 ( Ten Million Dirhams ).
8. Before the lapse of (1) one year from being convicted of a similar
violation, if the offender repeats any of the violations referred to in this
Decree -Law, its Implementing Regulation, and the decisions issued in
implementation thereto , the penalty will be doubled.
Article 28
Final Provisions
1. The rights stipulated herein represent a minimum set of rights for
domestic workers. It is understood that the provisions of this Decree -Law
shall not preclude any of the rights that may be granted to domestic
workers under any other law, agreement, declaration, regulation or
Employment Contract, providing greater benefits to workers than the
ones specified in this Decree -Law.
2. Based on a proposal of the Minister, the UAE Cabinet may amend the
periods specified in this Decree -Law in a manner that is consistent with
the public interest to achieve a balance in the relationship between the
concerned parties.
3. The UAE Cabinet or its authorized representatives shall establish a
minimum salary or monthly income for expatriates wishing to recruit or
employ domestic workers, as well as set other controls on this regard .
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 4. Provision s contrary to the provisions of this Decree -Law, even if it
predates its effective date, it shall be declared null and void, unless it is
more beneficial to the domestic worker.
5. The Arabic Language is the language used in all records, registers, data,
contracts, forms , agreements and other documents as may be provided
for in this Decree -Law or in any orders or regulations issued in
implementati on of the provisions hereof. The Arabic text shall be
accompanied by a foreign language understood by the non -Arabic -
speaking domestic worker, provided that a consistency between the two
languages is maintained. If a foreign language besi des the Arabic
language is used. The Arabic text shall prevail in the event of a
discrepancy .
Article 29
Fee Structure
Upon the recommendation of the Minister and the presentation of the Minister
of Finance, the UAE Cabinet shall determin e the fee structure necessary for the
implementation of this Decree -Law and its Implementing Regulation.
Article 30
Implementing Regulation
The UAE Cabinet shall issue the Implementing Regulation of this Decree -Law in
accordance with the proposal of the Minister.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Article 31
Repeals
1. This Decree -Law repeals Law No. (10) of 2017 concerning domestic
workers, and any provision inconsistent with the provisions of this
Decree -Law shall be repealed .
2. Decisions, rules, regulations and legislations in force prior to the issuance
of this Decree -Law shall remain in effect and shall not conflict with its
provisions until substitute laws are promulgated in accordance with its
provisions.
Article 32
Publication and Commencement
This Decree Law shall be published in the Official Gazette and shall take effect
(3) three months after the date of its publication .
Mohamed Bin Zayed Al Nahyan
President of the United Arab Emirates
Promulgated by us at the Presidential Palace - Abu Dhabi
On 9th of Safar 1444 A.H
Corresponding to 5th of September 2022 A.D
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1
Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal
Decree -Law No. (33) of 2021 regarding the Regulation of Employment
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CABINET RESOLUTION NO. ( 1) OF 2022
ON THE IMPLEMENTATION OF FEDERAL DECREE -LAW NO. (33)
OF 2021 REGARDING THE REGULATION OF LABOUR RELATIONS
The Cabinet :
- After reviewing the Constitution ; and
- Federal Law No. (1) of 1972 regarding the Competencies of Ministries and
Powers of Ministers , and its amendments ; and
- Federal Decree -Law No. (33) of 2021 Regarding the Regulat ion of
Employment Relationships ; and
- And Federal Decree -Law No. (47) of 2021 Regarding the United Arab
Emirates National Employment Standards ;
- And based on the proposal of the Minister of Hu man Resources and
Emiratisation, and the approval of the Cabinet ,
Has Decided:
Article (1)
Definitions
The same definitions set out in the Decree -Law shall apply hereto. In
addition, the following terms and ex pressions shall have the meanings
assigned to each , unless the context requires otherwise:
Decree -Law : Federal Decree -Law No. (33) of 2021 Regarding the
Regulation of Labour Relations.
Legal
Regulations : The resolutions , guidelines and circulars relat e to the
work of the Ministry of Human Resources and
Emiratisation.
Article (2)
Classification of Establishments
Subject to the provisions of Clause (1) of Article (70) of the Decree -Law:
1. Establishments shall be classified according to criteria that include their
economic activity, the number of workers employed , the cultural and
demogra phic diversity of workers , the co mpliance with relevant Legal
Regulations and the establishment support to the implementation of the
government objectives related to Emi ratisation, training and skill s
development.
2. The Cabinet shall based on the Minister ’s proposal , issue the necessary
resolutions for the classification of establishments and the privileges
granted to each category of establishment in a manner that enhances the
competitiveness of the labo ur market.
Article (3)
Classification of Workers
Subject to the provisions of Clause (2) of Article (70) of the Decree -Law :
1. Workers governed by the provisions of the Decree -Law shall be classified
into categories according to criteria that include skill, educational
qualifications , productivity, professional or salary levels, according to
residency status .
2. The Cabinet shall, based on the Minister 's proposal, issue the necessary
resolutions for the classification of the skill levels of workers in the labo ur 2
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market and the privileges granted to each level for the purpose of enhancing
labour market productivity .
Article (4)
Process for the Employment of Juveniles
1. Subject to the provisions of Article (5) of the Decree -Law, it is prohibited
to employ juveniles in the following categories of work and occupations :
a. Work in hazardous or harmful industries .
b. Occupations which by its nature or the circumstances in which it is
carried out is likely to jeopardise their health and safety
2. A decree of the Minister, in consultation with the concerned authorities,
shall determine what constitutes dangerous work or arduous work or work
which by its nature is detrimental to the health, safety or morals of juveniles
3. The employer of the juvenile shall comply with the following procedures :
a. Keeping a special record of the juvenile s, including the name and age of
the juvenile, the full name and contact details of his guardian or custodian,
the place of residence of the juvenile and his custodian , the date of his
employment and the work for which he is employed.
b. Insuring the juvenile like regular workers.
c. Training the juvenile to observe standards of occupational safety and
health.
d. Making visible in the workplace the regulations relating to the
employment of juveniles.
4. Charitable , educational and training institutions and the other entities
that have the objective of professionally training and qualifying juveniles
shall be exempted from some provisions of Article (5) of the Decree -Law
and the provisions of this Article , pursuant to the following rules :
a. The institution shall be registered with the government authorities in
charge thereof .
b. Its actual and registered objective shall be professional qualification or
training or charity , educational or volunteer work.
Article (5)
Work Types
1. Subject to the provisions of Article (7) of the Decree -Law, the contract
between the worker and employer shall be according to any of the work
types set out therein, in addition to the following types :
a. Remote work: All or part of the work is performed outside the workplace,
with electronic communication between the worker and the employer in
lieu of physical presence , whether the work is part -time or full -time.
b. Job sharing: The tasks and duties are divided among more than one
worker as agreed upon in advance, and this is reflected in the wage s due to
each of them . The workers are dealt with pursuant to the rules of part -time
work.
2. The Ministry may set out other work types, according to the needs of the
labour market.
3. Subject to the provisions of the Decree -Law and this Resolution, both the
worker and the employer shall abide by the clauses of the employment 3
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contract according to each of the work types set out in Clause (1) of this
Article.
Article (6)
Types of Work Permits
1. Subject to the provisions of Article (6) of the Decree -Law , the types of
work permits shall be determined as follows:
a. Work permit (recruiting a worker from outside the State): This type of
permit allows establishments registered with the Ministry to recruit a
worker from outside the State.
b. Transfer w ork permit: This type of permit is issued to allow a non-
national work er to transfer from and to an establishment registered with the
Ministry.
c. Work p ermit for residents sponsored by their families : This type of
permit is issued to residents who are sponsored by their family and
employed to work in an establishment registered with the Ministry.
d. Temporary work permit: This type of permit is issued to a worker who
is employed for a job, the execution or completion of which is within a
specific period at an establishment registered with the Ministry.
e. One -mission permit: This type of permit allows an establishment
registered with the Ministry to recruit a worker from abroad to complete a
temporary job or a particular project for a specific period.
f. Part-time work permit: This type of permit allows establishments
registered with the Ministry to employ a worker under a part -time contract
where his working hours or working days are less th an his full -time
counterparts. The worker may work for more than one employer after
obtaining a permit to do so from the Ministry.
g. Juvenile permit: This type of permit is issued to a person who has
reached 15 years of age but is not over 18 years and is employed at an
establishment registered with the Ministry.
h. Student training and employment permit: This type of permit allows
establishments registered with the Ministry to train or employ a student
who is already in the State and has reached 15 years of age , pursuant to
rules and conditions tha t ensure appropriate training and wo rk
environment.
i. UAE / GCC national permit: This type of permit allows establishments
registered with the Ministry to employ UAE or GCC nationals.
j. Golden visa holder s permit: This type of permit is issued upon the
request of an est ablishment registered with the M inistry that wishes to
employ a work er holding a g olden visa in the State.
k. National trainee permit: This type of permit is issued upon the request
of establishments registered with the Ministry that wish to train a UAE
national , based on his approved academic qualification.
l. Freelance permit: This permit is issued to individuals wishing to
undertake independent self-employment ( without being sponsored by a
specific organization or employer in the State and without the condition of
having a valid employment contract, whereby the natural person earns
money by providing his se rvices for a specific period or performing a task
or providing a specific service, whether to individuals or establishments, 4
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whereas this natural person is i n no way a worker for tho se individuals or
establishments.
2. New work permits may be created by resolution of the Minister in
accordance with the provisions of the Decree -Law.
Article (7)
Conditions, Rules and Procedures for Issuing, Renewing and
Cancelling Work Permits
1. Conditions for issuing work p ermits:
a. Except for the juvenile permit and the student training or employment
permit , the worker should be at least 18 years old,
b. The worker shall meet the conditions provided for in the legislation in
force in this regard, in specialis ed professions or any other jobs that requir e
obtaining a licenc e to practi se a profession.
c. The occupation in which the worker will be employed, should be
consistent with the activity of the establishment.
d. The licence of the establishment shall be valid and there shall be no
violations in respect thereof that lead to the suspension of its a ctivity in
accordance with the Legal R egulations.
e. The application for the issuance of the permit shall be filed by the legally
authoris ed signatory of the establishment .
f. Any other conditions determined by the resolution of the Minister or
who mever he delegates.
2. Procedures for renewing work permits:
a. The s ubmission of the application shall be through the channels specified
by the Ministry
b. Fulfilment of the conditions for issuance.
c. Comple tion of the required documents and academic qualifications. d.
Payment of the prescribed fees according to the type of p ermit and the
category of the establishment , in accordance with the approved
establishment classification system.
e. Any other procedures determined by resolution of the Minister or
whome ver he delegates.
3. Procedures for cancelling work permits:
a. The s ubmission of an application for cancel ling the work permit shall be
through the channels specified by the Ministry :
b. Complet ion of the required data and attached documents .
c. Pay ment of the fines for delay s in issuing the work permit or for failure
to renew it, if any.
d. Ackn owledgment by the establishment of granting the worker all of his
entitlements .
e. Any other co nditions determined by resolution of the Minister or
who mever he delegates.
4. The Ministry may refrain from issuing or renewing or may cancel work
permits and take necessary legal action in case s where any of the below
is proven :
a. That a ny incorrect documents were submitted. 5
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b. Th at th e establishment is fictitious or does not exercise its registered
activity.
c. Th at the Wage Protection System or any other system adopted for the
regulat ion of the national labour market is not complied with.
d. Any other cases specified by resolution of the Minister or whomever he
delegates.
Article (8)
Free -Lance
1. Free Lance is an independent a nd flexible work arrangement , whereby
the natural person generates income by providing his services for a
specified period of time or perform ing a task or provi ding a specific service,
whether for individuals or establishments, whereas this natural person is in
no way a worker for those individuals or establishments.
2. The Cabinet shall , based on the Minister’s proposal, issue the necessary
resolutions for determinin g the procedures, rules and mechanisms for
registering freelancers in the Ministry’s systems and for obtaining,
renewing and cancellin g the work permit , in a manner that ensures the
enhancement of labo ur market flexibility and its requirements .
Article (9)
The a ctivity of Employment Agencies
1. Subject to the provisions of Article (6) of the Decree -Law, engaging in the
activity of mediation or temporary employment and outsourcing (singly or
collectively) shall be considered as engaging in the activity of employment
agencies. T he following definitions shall be used within the scope of work
for employment agencies :
a. Mediation: Which is the bringing together of both employment parties
and their representatives, negotiating on their be half the terms of the
employment contract with the aim of establishing a n employment
relationship, without the agency becoming a party thereto .
b. Temporary employment and outsourcing: Employing the worker with
the intention of making him available to a third party, whereas the worker’s
relationship becomes a direct one with the agency that outsourced his
services t o a third party (the beneficiary).
c. Beneficiary: Any natural or legal person for whom and under whose
supervision the worker is assigned , in accordance with the temporary
employment and outsourcing system, whether for a specific period or the
perform ance of a task or the provi sion of a specific service .
d. Agency: Any sole proprietorship or legal entity that undertakes an
activity relat ing to mediation or temporary employment and outsourcing
and provide s the services of one or more workers for a specific period or
the performance of a task or the provision of a specific service to the
beneficiary.
2. The following conditions shall be met to obtain a licen ce to engage in any
of the a gency activities :
a. The person in the sole proprietorship , or any of the partners in the legal
entity , shall not have been convicted of a crime involving moral turpitude
or dishonesty, a crime of human trafficking or the crimes set out in the 6
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Decree -Law, unless he has recovered his civil rights if he was sentenced to
a custodial penalty, or after the lapse of one year from the date of the ruling
if he wa s sentenced to a fine.
b. The sole proprietorship or the legal entity shall render to the Ministry at
all times throughout the validity of the licence a bank guarantee of a value
not less than (300) three hundred thousand dirhams in the case of licensing
an inter mediation agency, and not less than one million dirhams in the case
of licensing a temporary employment and outsourcing agency , or in the
case of combining the two activities. The guarantee shall be automatically
renewed or an insurance system shall be provided as an alternative thereto ,
and the Ministry may allocate all or som e of the bank guarantee or
insurance to pay any amounts owed by the agency for its failur e to
implement its obligations or for non -compliance with the instructions and
resolutions issued thereunder.
c. The credit report that is issued by the competent authority for the licen ce
applicant, or the person in the sole proprietorship and the partners in the
legal entity , shall be submitted .
d. Any other conditions determined by the resolution of the Minister.
3. The lic ence issued by the Ministry to the e mployment agenc y shall be
renewed annually , subject to verification of the continuous fulfil ment of all
licensing conditions.
4. Rules for engaging in temporary employment / outsourcing activity :
a. The agency shall r efrain from providing workers to a beneficiary if the
beneficiary company is administratively suspended by the Ministry f or
committing violations relating to the applicat ion of the Decree -law and this
Resolution.
b. The agency shall refrain from providing workers to another agency
engaged in the activity of temporary employment with the aim of
employing them at the beneficiary.
c. The person in the sole proprietorship or any of the partners in the legal
entity shall be in charge of applying the provisions of the Decree -law and
its Implementing Regulation to the workers registered therewith, and of
notifying the competent authorities at the Ministry if they become aware of
any violation or breach of th e rights or the health and safety of the workers
by the beneficiary.
d. Any other rules decided by the Ministry.
5. To ensure the proper governance of the relationsh ip between the
beneficiary and a worker who is r egistered with one of the employment
agenc ies, a contract shall be concluded between the agency and the
beneficiary.
6. The procedures for issuing a licence to the temporary employment and
outsourcing or inter mediation agency shall include :
a. Submission of an application through the channels specified by the
Ministry.
b. Fulfilment of the conditions for issuing the licenc e.
c. Fulfilment of the required guarantees and insurances.
d. Payment of the prescribed fees.
e. A ny other procedures determined by resolution of the Minister o r
who mever he delegates. 7
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7. Procedures for suspending or revoking the licence of employment
agenc ies:
The Ministry may temporarily suspend or revoke the agency’s licence if one
of the following cases is verified:
a. If one of the conditions und er which the licence was issued is not
met.
b. If any of the documents or data submitted for licensing purposes is
proven to be incorrect.
c. If the agen cy commits any act that involves any form of forced
labour or human trafficking.
d. In the event of non -payment of the workers' wages.
e. In the event of the violation of any of the other conditions
determined by the Ministry.
Article (10)
Employment Contract
Subject to the provisions of Article (8) of the Decree -Law:
1. The employment contract should include the name and address of the
employer, the name, nationality and date of birth of the worker, proof of his
identity, his qualification, the job or occupation , the date of work
commencement , the work place, the working hours, the rest days , the
probationary period, if any , the term of the contract, the wage agreed upon
including the b enefits and allowances, the annual leave entitlement s, the
notice period , the procedures for terminating the employment contract and
any other data determined by the Ministry in order to regulate the
relationship between both parties.
2. The worker and the employer may agree t o int roduce new clauses to the
approved contract forms, provided that they are in agreement wit h the
provisions of t he D ecree -Law, this Resolution and the Legal R egulations.
3. The contract may be changed from one work type to another subject to
the following:
a. Approval of both the worker and the employer.
b. Payment of all the entitlements arising from the original contract.
c. Compliance with the procedures as set out by the Ministry.
4. The worker and the employer shall contract for the work type agreed
upon using the contract forms in the Ministry’s system, namely :
a. Full-time employment contract.
b. Part -time employment contract.
c. Temporary work contract.
d. Flexible work contract.
e. Remote work contract.
f. Job sharing contract.
g. Any other forms of e mployment contract determined by resolution of the
Minister in accordance with the employment types and workers’
classification approved by the Cabinet .
Article (11)
Issuance of New Work Permit s after the Termination of an Employment
Contract during Probationary Pe riod 8
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Subject to the provisions of Clauses (4) and (6) of Article (9) of the Decree -
Law, the Ministry may exempt some workers from the not to grant a work
permit pursuant to the following rules :
1. The w orker has the essential skill, professional or knowledge in demand .
2. The w orker residency visa is sponsored by his family .
3. The worker is a golden visa holder.
4. Any professional categories according to the needs of the national labo ur
market that are determined by resolution of the Minister in accordance with
the workers’ classification as approved by the Cabinet .
Article (12)
Rules for Non -Competition Clause
1. Subject to the provisions of Article (10) of the Decree -Law, the following
shall be observed in the application of the non -competition clause stipulated
therein:
a. The geographical scope of application of the clause .
b. The term of the clause, provided that it does not exceed two years fro m
the contract expiry date .
c. The nature of the work , such that it caus es significant harm to the
legitimate interests of the employer .
2. If a dispute arises over the non -competition clause and it is not settled
amicably, the matter shall be referred to the judiciary and the burden of
proving the alleged damage shall lie with the employer .
3. The non -competition clause shall not apply if the reason for terminati ng
the contract is attributed to the employer or the breach of his legal or
contractual obligations .
4. It may be agreed in writing not to apply the non -competition clause after
the termination of the employment contract.
5. The worker shall be exempted from the non -competition clause stipulated
in Article (10) of the Decree -Law under the following conditions:
a. If the worker or the new employer pays to the previous employer,
compensation not exceeding three months of the worker’s wage as agreed
upon in the last contract , subject to the previous employer’s written consent
thereto.
b. If the contract is terminated during the probationary period.
c. Any professional categories that are in demand in the national labo ur
market and determined by resolution of the Minister in accordance with the
workers’ classification approved by the Cabinet .
Article (13)
Assigning the Worker to A nother Job
1. Subject to the provisions of Article (12) of the Decree -Law, the worker
may be assigned to alternative work that is fundamentally different in
nature from the contractually agreed work, as an exception that is
considered necessary, or to prevent an accident , or to repair damage caused
by the worker. The maximum limit for assigning the worker to such work
shall be of (90) ninety days per year . 9
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2. In application of Clause (1) of this Article, “f undamental difference ” shall
mean that the work to which the worker is assigned is completely different
from the nature of his profession or his academic qualification .
Article (14)
Rules Regarding the Organisation of Work
Subject to the provisions of Article (13) of the Decree -Law, establishments
that employ 50 or more workers shall set rules regarding the organisation
of work, such as the regulation of work instructions, penalties, promotions
and rewards , and the procedures for terminating the employment
relationship, subject to the following :
1. The rules shall be set in a manner that does not contradict the provisions
and rules set out in the Decree -Law, the provisi ons of this Resolution and
the Legal R egulations .
2. They shall include the regulation of penalties that may be imposed on
violating workers and th e terms and conditions for imposing the se
penalties .
3. The regulation of work instructions shall include the daily working hours,
the weekly rest days , the official holidays and the necessary measures and
precautions to be taken to avoid work injuries and fire hazards .
4. The regulation of promotions and rewards shall include the criteria and
rules related to promotions and rewards .
5. The employer shall inform the worker of the regulations stipulated in this
Article by any available means, and shall make him aware thereof , in a
language he understands.
Article (15)
Working Hours
Subject to the provisions of Article (17) of the Decree -Law :
1. The periods spent by the worker commuting between his place of
residence and the workplace shall be counted within the working hours in
the following cases :
a. Any delay to the worker in transit in case of bad weather and in response
to the warnings of the National Centre of Meteorology regarding weather
changes and fluctuatio ns.
b. Any delay of the worker in transit in employer -provided transportation
in the event of a traffic accident or an emergency breakdown .
c. If the parties expressly agree thereon in the contract.
2. The regular working hours shall be reduced by two hours during the holy
month of Ramadan .
3. The employer may instruct the wo rker to work overtime over the normal
working hours, provided that the overtime does not exceed two hours per
day unless the work is necessary to prevent the occurrence of a serious loss
or a serious accident or to eliminate or mitigate the effects thereof . In any
case, the total working hours shall not exceed (144) one hundred and forty -
four hours every (3) three weeks.
4. The following categories shall be exempted from the provisions relating
to the maximum working hours:
a. The chairpersons and members of the boards of directors. 10
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b. The p ersons occupyi ng supervisory positions if such po sitions vest in
them the powers of the employer.
c. The crew s of naval vessels and the seafarers who enjoy special service
conditions due to the nature of their work.
d. Those engaged in work which is required by re asons of technical nature
to be carried on continuous ly by a succession shift , subject to the condition
that the average working hours do not exceed (56) hours per week.
e. The p repa ratory or complementary works that should necessarily be
carried out beyond the time limits laid down for the general working of the
establishment.
5. The Minister may issue the necessary resolutions to determine the
processes which are classed as being necessarily continuous as defined in
this Article according to the needs of the labo ur market.
Article (16)
Wages
Subject to the provisions of Article (22) of the Decree -Law :
1. The employer shall pay the wages of his workers on their due dates
pursuant to the following conditions, rules and procedures :
a. The wages shall be paid on their due dates as agreed upon in the contract
and in accordance with the regulations and standards set by the Ministry .
b. All establishments registered with the Ministry shall pay the wages of
their workers on the ir due date through the Wages Protect ion System or
through any other system approved by the Ministry .
c. All establishments shall submit whatever is required of them to prove
payment of the wages of their workers if requested to do so .
2. The Ministry may take all the legal actions and measures provided for in
the Decree -Law, this Resolution, and the relevant Legal R egulations against
the establishment in the event of non -payment of the agreed wage .
Article (17)
Failure to Enable the Worker to Work
Subject to the provisions of Article (26) of the Decree -Law :
1. The employer shall enable the worker to perform his work, otherwise , he
shall be required to pay his agreed wage .
2. If the failure to enabl e the worker to perform his work is due to
circumstances beyond the employer’s control, the em ployer shall inform the
worker thereof along with guarantee ing the payment of his wages .
3. If the worker wishes to quit his job, he shall notify the employer. In any
case, the worker may file a labour complaint in accordance with the
applicable Legal Re gulations .
4. The Mi nistry may, upon submission of the complaint, communicate with
the employer and grant him a grace period to enable the worker to perform
his work. If the employer fails to respond, the Ministry may cancel the
worker’s work permit and allow him to transfer to another establishment
without prejudice to his rights with the employer .
Article (18)
Annual L eave for Part-time Workers 11
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Subject to the provisions of Cla use (2) of Article (29) of the Decree -Law, a
part-time worker shall be entitled to an annual leave according to the actual
working hours he spends with the employer. The durati on of the annual
leave shall b e determined on the basis of the total working hours after
converting them into working days, divided by the number of working
days in the year, multiplied by the legally prescribed leaves , with a
minimum of five working days per year for annual leave , and a fraction of
a day considered as a full day in calculating the leave entitlements ,
according to the following:
1. The ratio of the employee's work under a part -time contract shall be equal
to the employee’s work under a full -time contract .
2. The a ctual working hours shall be equal to a maximum of (8) eight
working hours per day .
3. The number of working hours of the employee under a part -time contract
shall be equal to the number of the hours contracted.
4. The mathematical equation shall consist of the number of working hours
under the employee’s part -time contract per year divided by the number of
working hours under the full -time contract per year multiplied by 100 equal
to the percentage .
Article (19)
Carrying Forward Annual Leave s or Receiving Cash Allowance Ther eof
Subject to the provisions of Clauses (8) and (9) of Article (29) of the D ecree -
Law :
1. The worker may carry forward not more than half of the annual leave to
the following year, or he may agree with the employer to receive a cash
allowance there of, according to the wage he receives at the time of his
entitlement to the leave.
2. If the worker’s service ends , he shall be paid a cash allowance for the
balance of h is legally due annual leave , according to the basic wage.
Article (20)
Non -entitlement to Wage s during Sick Leave Resulting from Worker’s
Misconduct
Subject to the provisions of Article (31) of the Decree -Law :
1. The worker shall not be entitled to a wage during sick leave :
a. If the disease r esulted from the worker’s misconduct, such as his
consumption of alcohol or drugs .
b. If the worker violated the safety instructions in accordance with the
legislation in force in the State , such as the i nstructions related to cris es and
disasters , traffic regulations or any safety procedures and rules set out in the
establishment’s regulations that the worker was informed of and he has
acknowledged his understanding there of and compliance therewith.
2. A report from the con cerned authorities in the State proving that the
disease resulted from the worker's misconduct is a prerequisite for the
implementation of the provision of Paragraph (a) of this Article .
Article (21)
Various Leaves 12
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Subject to the provisions of Article (32) of the Decree -Law :
1. The worker may be granted a study leave to sit for exam s, provided that
he has obtained an admission from one of the institutes or colleges
accredited in the State indicating the type of study, the s peciali sation and
the duration of the study. The establishment may request proof of the dates
of his sitting for the exams .
2. The national worker shall be entitled to a sabbatical leave to perform
national and reserve service, in accordance with the laws and regulations in
force in the State.
3. The worker shall be entitled to a bereavement leave starting from the date
of the death, provided that he submits proof of death after returning to
work .
4. The wo rker shall be entitled to parental leave as stipulated in the Decree -
Law, provided that he submits proof of the birth of his child .
5. The bereavement leave, parental leave, annual leave and unpaid l eave
may be combined.
Article (22)
Safety, Protection and Health Care of Workers
Subject to the provisions of Article (36) of the Decree -Law :
1. Every employer shall :
a. Provide the necessary means of prevention to protect workers from the
risks of injuries and occupational diseases that may occur during work ing
hours , as well as fire hazards and other risks that may result from the use
of machines and other work tools. The employer shall likewise implement
all other means of prevention prescribed by the Ministry in this regard.
b. Put in a visible place at the workplace detailed and clear instructions on
the means of preventing fire s and protecting workers from the risks they
may be exposed to while on duty , the methods of preventing them and the
manner of dealing with accidents caused by them , provided that the
instructions are in Arabic and in another language that the workers
understand when necessary . The employer shall likewise put warning signs
on the approach to the hazardous areas.
c. Inform his workers prior to the commencement of the workers’ duty of
the risks of the ir occupation , such as fire hazards, machines , risks of falls,
occupational diseases and others.
d. Entrust first-aid supervision to a medical aid specialist, and provide all
the necessary supplies in each first aid kit.
e. Provide the necessary means to prevent fires as well as the appropriate
extinguishers for the type of materials found at the establishment and the
materials used in the means of production .
f. Take the necessary measures to continually ensure that the conditions in
the workplace provide adequate health and safety protection s for the
workers working at the establishment.
g. Tak e the appropriate practical measures to prevent, reduce or eliminate
health hazards in the workplace.
h. Take the necessary precautions to protect the workers from the risks of
falls, falling objects, flying shards , sharp objects, caustic or hot liquid s,
flammable or explosive materials or any other materials with a harmful 13
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effect, and take the necessary precauti ons to protect the workers from
hazards of compressed gases and electricity.
i. Put signs at the location of machines and other relevant operations
showing necessary technical instructions in Arabic and in another language
that the workers understand when appropriate .
2. The worker shall use the protective equipment and the clothes he is
provided with . He shall follow all the employer’s instructions aimed at
protecting him self from risks and shall refrain from any act that wo uld
interfere with those instructions. He shall follow all orders and instructions
relat ing to work safety and security precautions and shall use the means of
prevention and undertake to take ca re of those means of prevention in his
possession. He shall be prohibited from any act that results in a failure to
follow the aforementioned instructions or in the mis use, damage or
destruction of the means of prevention provided to protect t he health and
safety of workers. The employer may set out regulation s outlining penalties
for every worker who violates the provisions of this Clause .
3. The Ministry shall coordinate with the authoriti es concerned with public
health and the c are and occupational safety of workers, according to the
following:
a. Monitoring the employer's compliance with respect to the provision of
health insurance for workers , in accordance with the legislation in force in
the State.
b. Coordinating with the competent local and federal authorities regarding
the health and safet y of the workers.
c. Continually verifying the standards and requirements developed at
federal and local level s in relation to the health and safety of workers and
work injuries , and ensuring the workers’ obligation to comply therewith .
d. Monitoring , inspecting and applying administrative penalties to
establishments that violate occupational health and safety regulations .
e. Circulating resolutions issued by the public h ealth authorities regarding
the health and safety of workers.
Article (23)
Work Injuries
Subject to the provisions of Articles (37) and (38) of the Decree -Law :
1. In the event that the worker suffers a work injury or an occupational
disease, the employer shall pay the costs of treatment for the worker
pursuant to the following conditions and rules :
a. The worker shall be treated in one of the governmental or private
healthcare facilit ies.
b. The cost of treatment shall continue to be paid until the worker recovers
or his disability is established .
c. The treatment shall include the hospital stay, surgical procedures, costs
of X-rays and medical analyses as well as the purchase of medication s and
rehabi litation equipment and the pr ovision of artificial and prosthetic limbs
and devices for those whose disability is established .
d. The cost of treatment shall include the transportation costs incurred for
the worker's treatment. 14
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2. The worker shall follow the orders and instructions relat ing to work
security and s afety precautions and he shall use the means of prevention
and undertake to take care of those in his possession. The worker sh all be
prohibited from any act that results in the failure to follow the instructions
or in the misuse , damage or destruction of the means designed to protect
the health and safety of workers .
3. The worker shall not be entitled to compensation for a work injury if it is
established through the competent authorities that the injury resulted from
a deliberate violation of preventive instructions put in visible places at the
workplace, provided that the employer complies with the following rules:
a. Making the worker aware of the detailed instructions on the means of
preventing fir es, and protecting him from the risks he may be exposed to
while on duty , in Arabic and in another language that the worker
understands when appropriate.
b. Informing the worker prior to commencement of his employment of the
risks of his occupation and requiring him to use the prescribed means of
prevention as well as providing the appropriate personal protective
equipment for workers and train ing them to use such equipment .
c. Training the worker on the safety methods set out in the instructions on
worker protec tion.
d. Educating the worker, upon his employment , about the risks of his
occupation and the means of protection he is required to use, and placing
detailed written instr uctions in this regard at the workplace.
4. If a work injury or an occupational disease leads to the death of the
worker, the compensation shall be paid to his eligible beneficiaries in
accordance with the legislation in force in the State , or as determined by the
worker prior to his death.
Artic le (24)
Rules for Imposing Disciplinary Sanctions on Workers
Subject to the provisions of Article (39) of the Decree -Law and Article (14)
of this Resolution:
1. Discipli nary sancti ons shall be imposed on workers that take into account
what is appropriate according to the gravity and seriousness of the
committed violation, in accordance with the following criteria:
a. The extent of the breach of confidentiality of work -related data and
infor mation .
b. The impact of the violation on the health and safety of the worker(s) at
the establishment .
c. The financial impact of the violation.
d. The impact of the violation on the reputation of the establishment and its
workers as a result of the committed viola tion.
e. The violating worker’s abuse of the power vested in him .
f. The rate of recurrence by the worker of all kinds of violations .
g. The existence of a penal or moral side to the committed violation.
2. The employer shall draw up a schedule of penalties clarifying each of the
disciplinary sanctions set out in Article (39) of the Decree -Law.
3. None of the penalties set out in Article (39) of the Decree -Law may be
imposed on the worker except after informing him in writing of the charges 15
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against him, hearing his statements, investigating his defence and recording
the foregoing in a report to be deposited in his private file and annotated
with the penalty at its end . The worker shall be notified in writing of the
penalties imposed thereon, the type and amount thereof , the grounds for
their imposition and the penalty he will face in case of recurrence .
4. The worker may not be accused of a disciplinary violation that was
detected more than (30) thirty days ago, and no disciplinary sanction may
be imposed more than (60) days after the date of completing the
investigation of the violation and establishing it against the worker.
5. Without prejudice to the worker’s right to file a labour complaint, he shall
have the right to file a grievance claim with the management of the
establishment against any penalty imposed a gainst him. T he grievance
claim against the penalty shall be filed with the management of the
establishment and the worker shall not be harmed by filing it . The employer
shall notify the worker of the outcome of his grievance.
6. Subject to Article (14) of this Resolution, every employer who employs 50
or more workers shall put in a visible place - or make available through any
other appropriate mechanism - a system for compla ints and grievance
claims accessible to the workers. Said system shall stipulate that the worker
has the right to file his complaint or grievance claim with the employer or
his representative, and to have his grievance claim answered in writing
within a specific period.
Article (25)
Case of Employment Contract Termination on Account of Employer’s
Bankruptcy or Insolvency
Subject to the provisions of Federal Decree -Law No. (9) of 2016 on
Bankruptcy, Federal Decree -Law No. (19) of 2019 on Insolvency and the
provision s of Clause (8) of Article (42) of the Decree -Law :
1. The employment contract shall be terminated in any of the following
cases :
a. Issuance of a court ruling adjudicat ing the employer’s b ankruptcy or
insolvency, in accordance with the legislation in force in the State in this
regard .
b. Issuance of a decision by the concerned authorities to the effect that the
employer is unable to continue his activity for exceptional economic reasons
beyond his control .
2. The Ministry may, sua sponte , cancel the worker's work permit based on
the judicial ruling adjudicating the employer’s bankruptcy , and it may issue
him a new permit pursuant to the rules established in this regard .
Article (26)
Rules o n Grave Danger
Subject to Clause (3) of Article (45) of the Decree -Law, the following
circumstances shall apply in respect of grave danger at the workplace that
allows the worker to leave work without warning :
1. Presence of a possible source of ignition .
2. Exposure to electrical wires connected to an electrical source that can
cause electric shock or death . 16
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3. Presence of hazardous chemicals that may cause diseases .
4. Unusual temperatures that cause burns .
5. Exposure to loud noises that cause permanent hearing damage.
6. Radiation that may cause cancer or blindness .
7. Biological hazards that may cause diseases .
Article (27)
Transfer of Workers
Subject to the provisions of Article (49) of the Decree -Law :
1. In the event of termination of the employment contract in accordance
with the provisions of the Decree -Law and this Resolution, the worker may
transfer to another employer under the following conditions and cases :
a. If the contract term agreed up on betwee n the parties ends and is not
renewed .
b. If the contract is terminated during its term in accordance with Article
(42) and Article (45) of the Decree -Law .
c. If the employer terminates the contract without a reason attributed to the
worker .
2. The Minister may issue a resolution determining the mechanisms for the
transfer of the worker that is set out in this Article .
Article (28)
Rules for Reporting Unexpected Work Abandonment
Subject to the provisions of Article (50) of the Decree -Law :
1. The employer shall notify the Ministry of the worker’s unexpected work
abandonment pursuant to the fol lowing rules and procedures :
a. The absence from work shall have exceed ed 7 consecutive days, without
the employer’s knowledge of the worker’s location or the possibility of
communicating with him .
b. The absence from work form shall be completed pursuant to the
procedures set by the Ministry .
2. If the foreign worker leaves work for an illegitimate reason before the end
of the contract term, he shall not be issued another work permit for a period
of one year from the date of absence from work , with the exception of :
a. The worker who hold s a family -sponsored residenc y visa.
b. The worker who applies for a new work permit at the same
establishment .
c. The worker who has professional qualifications , skill s or knowledge
levels t hat the S tate needs .
d. Golden visa holders .
e. Any professional categories according to the needs of th e labour market
in the State that are determined by resolution of the Minister in accordance
with the workers’ classification approved by the Cabinet.
3. The Minis ter may issue a resolution specifying the mechanisms for
reporting unexpected work abandonment according to the digital system in
place at the Ministry.
Article (29)
Rules for Deduction s from End of Service Benefits of Workers 17
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Subject to the provisions of Clause (7) of Article (51) of the Decree -Law :
1. The employer may deduct from the worker’s end of servi ce benefit any
amounts that are due legally or by judicial ruling, pursuant to the following
conditions and procedures :
a. The a mounts owed by the worker to recover loans or overpayment .
b. To recover the amounts that w ere supposed to be paid by the workers as
a contribution to the end of service , retirement pension s or insurance , in
accordance with the legislation in force in the State .
c. As amounts deducted from the worker for violations he commits
according to the regulation of penalties applicable at the establishment and
approved by the Ministry .
d. As debts owed in implementation of a court ruling issued against the
worker.
e. As amounts for repairing damage caused by the worker, due to his fault
or to his violation of the employer’s instructions and that led to the damage,
destruction or loss of tools, machines, products or materials owned by the
employer.
2. The employer shall have followed the procedures set out in the Decree -
Law and in this Resolution when the deducted amounts involve violations
committed by the worker or are a result of damage caused by his fault, and
not more than (3) three months shall have lapsed from the due date of such
amounts u nless otherwise agreed.
Article (30)
End of Service Benefits for Workers in other Types of Employment
Subject to the provisions of Article (52) of the Decree -Law, the end of service
benefit s due to workers working in part -time or job -sharing types and not
on a full -time basis shall be calculated pursuant to the following
mechanism :
1. The number of working hours set out i n the employment contract per
year divided by the number of working hours in the full -time contract p er
year multiplied by 100 equal to the percentage on which the end of service
benefit should be calculated, then, this percentage should be multiplied by
the value of the end of service benefit due for the full -time employment
contract .
2. The end of service benefit shall not apply in the case of temporary
employment i f its duration is less than one year .
Article (31)
Individual Labour Disputes
Subject to the provisions of Article (54) of the Decree -Law :
1. If the employer, worker or any eligible beneficiary thereof disputes any of
the rights accrued to either of them under the Decree -Law, he shall submit a
complaint to that effect to the Ministry which shall examine the complaint
and take the necessary measures to settle the dispute between them
amicably.
2. If an amicable settlement is not possible, the Ministry shall refer the
dispute to the competent court within (14) fourteen days from the date of
submission of the complaint , along with a memorandum including an 18
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abstract of the dispute, the arguments of both parties and the Ministry’s
recommendation.
3. Every worker whose complaint is referred to the judiciary shall promptly
register his case and change his residency status . The Minister may issue the
necessary resolutions regulating the status of the worker and the
establishment after referring the complaint to the judiciary .
4. The worker shall have the right to claim two months’ wages if he continues
to work for the employer while the referred labour dispute is in the court , in
which case the Ministry may require the employer to pay that wage or refer
the complaint in this regard to the judiciary.
Article (32)
Collective Labour Disputes
Subject to the provisions of Article (56) of the Decree -Law :
1. If a dispute arises between the employer and all the establishment’s
workers or a group thereof, and the parties fail to settle it amicably, the
complainant shall file a complaint pursuant to the following rules and
procedures :
a. The complaint shall be filed through the channels specified by the
Ministry .
b. The type and amount of the claim s shall be stated .
c. The complaint shall be filed within two weeks from the date of the
dispute .
2. The Ministry may address the concerned authorities to impose a
provisional seizure on the establishment to guarantee the workers’ r ights .
3. The Ministry may liquidate the bank guarantee or insurance allocated to
the workers without the employer’s approval in the event that the workers’
allegation is substantiated , or it may take any other actions or mea sures to
ensure payment of the w orkers’ entitlements .
4. The Mi nistry shall settle the dispute pursuant t o the procedures
determined by resolution of the Minister. If a settlement is not possible for
any reason whatsoever or on account of the parties’ non -compliance with
the settlement agreed upon, the dispute shall be referred to the Collective
Labour Disputes Committee.
5. The Collective Labour Disputes Committees that are formed by a Cabinet
resolution based on the Minister’s proposal shall settle the disputes referred
thereto, and their decision shall be final and sealed with the executory
formula seal by the competent court.
Article (33)
Work Inspection Procedures
Subject to the provisions of Article (57) of the Decree -Law :
1. Labour inspection s shall be carried out by competent inspectors from the
Ministry’s officials , who shall be vested with the following powers and
competencies :
a. Monitoring the proper implementation of the provisions of the Decree -
Law, this Resolution, and the Legal Resolutions , especially with regard s to
the work ing conditi ons, the wages and the protection of the workers while
on duty. 19
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b. Providing employers and workers with information and technical
guidelines that enable them to apply the best methods for the
implemen tation of the provisions of the Decree -Law and this Resolution .
2. Incidents committed in violation of the provisions of the Decree -Law, this
Resolution and the Legal Regulations shall be reported pursuant to the
following procedures:
a. If during an inspection the inspector verifies the existe nce of a violation of
the Decree -Law or the regulations or resolutions issued in implementation
thereof, he shall draw up a report to establish the violation and shall submit
the report to the competent authority to take the necessary actions against
the violator.
b. The labo ur inspector may, when need ed, request competent
administrative or security authorities to provide necessary assistance.
c. Violati ons shall be detected and established by the inspectors using the
mechanisms, systems , channels and forms determined by the Ministry.
d. Employers and their representatives shall provide the labo ur inspectors
with the necessary facilities and data to perform their duty, and shall
respond to their summonses or send a representative if requested to do so.
3. The Minister may issue the necessary mechanisms to regulate the work of
the inspectors and the inspection procedures.
Article (34)
Administrative Penalties
Subject to the provisions of Articles (58), (59), (60), (61), (62) , (63) and (64) of
the Decree -Law, and in the event of the violation of the obligations
stipulated in the Decree -Law and this Resolution, the Ministry shall be
vested with the powers to impose the administrative penalties as stated in
Article (3) of Federal Law No. (14) of 2016 referred to in the Decree -Law.
Article (35)
Procedures for Grievance Against the Ministry’s Resolutions
Subject to the provisions of Article (69) of the De cree-Law, both parties to
the employment relationship may appeal against the Ministry’s resolutions
pursuant to the following procedures:
1. The petition shall be filed through the channels specified by the Ministry
with its Grievance Committee within (30) thirty days from the date of
becoming aware of the resolution.
2. The petition shall include all supporting data and documents.
Article (36)
Emergency Circumstances
Subject to the provisions of the Decree -Law and this Resolution :
1. In extraordinary emergency situations, as determined by a Cabinet
resolution, work measures that are commensurate with the circumstances
of those cases may be applied, taking into account the interests of all the
parties to the labour relationship. Such measures shall include without
being limited to the following:
a. Applying the remote work system .
b. Granting the worker paid leave . 20
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c. Granting the worker unpaid leave .
d. Reducing the worker's wage .
2. Without prejudice to the provisions of C lause (1) of this Article, the
Minister shall issue the necessary resolutions for the application of the
appropriate work measures in light of the extraordinary and emergency
situations .
Article (37)
The Minister shall issue the necessary resolutions for the implementation of
this Resolution.
Article (38)
Every provision that contradicts or conflicts with the provisions of this
Resolution shall be abrogated.
Article (39)
This Resolution shall be published in the Official Gazette and it shall come
into force as of 02 February 2022 .
Mohammed bin Rashid Al Maktoum
The Prime Minister
______________________
Issued by Us:
On: / / 1443 H.
Corresponding to : / / 2022
|
This is not an official translation Federal Decree -Law No. 13 of 2022
Concerning Unemployment Insurance Scheme
We, Mohamed Bin Zayed Al Nahyan, President of the United Arab
Emirates
- Having perused the Constitution
- Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries
and powers of the Ministers and amendments thereof
- Federal Law No.(2) of 2001 concerning Social Security and amendments
thereof
- Federal Decree -Law No.(14) of 2018 concerning the Central Bank and the
Regulation of Financial Institutions and Activities
- Federal Law No. (6) of 2007 concerning Insurance Activities and
amendments thereof
- Federal Decree -Law No.(33) of 2021 concerning Regulation of Labor
Relations
- As proposed by the Minister of Human Resources and Emiratisation and
approved by the UAE Cabinet
Promulgated the following Decree -Law :
Article 1
Definitions
For the purposes of implementing the provisions of this Decree -law, the
following terms and expressions shall have the meanings opposite thereto
unless the context requires otherwise :
State : United Arab Emirates
Ministry : Ministry of Human Resources and Emiratisation This is not an official translation Minister : Minister of Human Resources and Emiratisation
Central Bank : Central Bank of United Arab Emirates
Unemployment
Insurance Scheme : A form of insurance that provides a financial
support for a limited period of time in the event
of unemployment in exchange for a portion of the
worker's/employee's contributions in
accordance with this Decree -Law and pursuant to
the decisi ons of the UAE Ca binet in this regard.
Insured : Workers / employees of the private sector, state
government, or federal government who
participate in the scheme in accordance with this
Decree -Law and pursuant to the decisi ons of the
UAE Cabinet in this regard
Worker / employee : A natural person working in the private sector or
federal government sector.
Unemployment : A situation of unemployment resulting from the
termination of employment by the insured's
employer in accordance with the provisions of
this Decree -Law and the decisi ons of the UAE
Cabinet in this regard .
Compensation : Amount payable to the insured in the event of his
unemployment in accordance with the provisions
of this decree and the decisi ons of the UAE
Cabinet in this regard.
Private Sector : Institutions, companies, establishments, and
other entities wholly owned by individuals or
owned jointly with the federal or local
government . Institutions and corporations
wholly owned by the federal or local This is not an official translation governments, unless otherwise provided by t heir
incorporation laws
Federal Government
Sector : Any ministry established in accordance with
Federal Law No. 1 of 1972 regarding the
competencies of ministries and powers of the
Ministers and amendments thereof , also included
any federal authorities, institutions or regulatory
bodies affiliated with the federal government .
Service Providers : Insurers licensed by the Central Bank that
comply with the requirements for the provision
of unemployment insurance , released by the UAE
Cabinet following consultation with the Central
Bank or any other government entity assigned to
provide unemployment insurance services .
Article 2
Objectives of the Decree -Law
The following objectives are intended to be achieved by this Decree -Law:
Providing the insured with income for a limited period of time during the
period of his unemployment until an alternative employment
opportunity becomes available in accordance with the provisions of this
decree -law.
Enhancement of Emirati cadres' competit iveness on the labor market and
the provision of social protection to ensure their continued decent living
until an alternative employment opportunity become available .
Achieving a competitive knowledge economy by attracting and retaining
the best international talent from skilled workers .
Article 3
Scope of Application This is not an official translation
1. All workers, with the exception of the following categories, are covered by
this Decree -Law:
a) Investors ( Business owners who own the entire business and manage it
themselves )
b) Domest ic Workers
c) Contractual workers/employees on a temporary basis
d) Juveniles under the age of 18
e) Pension -receiving retirees who have joined a new employer
2. Upon the Minister's proposal, the UAE Cabinet may amend the scope of
application of this Decree -Law .
Article 4
Introduction of Unemployment Insurance Scheme
Under the provisions of this Decree -Law, unemployment insurance scheme
shall be instituted in the State , which provides a limited cash benefit to the
insured in the event of his /her unemployment . Upon the proposal of the
Minister, the UAE Cabinet shall layout the process, function, and application of
the scheme, as well as the value of the monthly subs cription payable by the
insured, in addition to setting any requirements , procedures or imposing
penalties if necessary .
Article 5
Eligibility Requirements and Suspension of Compensation
In order to be eligible for compensation , the insured must meet the following
conditions:
1. There must be a minimum subscription period of (12) twelve consecutive
months for the insured in the scheme. This is not an official translation 2. The insured may not be dismissed for disciplinary reasons under the
Labor Relations Law and the Human Resources Law of the federal
government in addition to any applicable legislation .
3. The insured shall not be entitled to compensation if there has been fraud
or deceit involved in his /her claim or if the establishment where he /she
works is fictitious. If such a situation arises, the establishment and the
insured shall be subject to the penalties and fines stipulated in the Labor
Relations Regulation Law and any applicable legislation .
4. During the period of compensation entitlement, the payment of
compensation shall cease if a worker/employee is hired by another
employer.
5. Upon the Minister's proposal, the UAE Cabinet may amend the conditions
for compensation eligibility.
Article 6
Compensation Amount and Duration
1. A monthly compensation of 60 percent of the contribution salary is
provided for a period of three months from the date of unemployment up
to a maximum of Dhs.20,000 (twenty thousand dirhams).
2. An compensation period of 3 months is available for each claim; provided
that the coverage period does not exceed (12) twelve months during the
insured's employment in the UAE labor market.
3. Additional benefits may be negotiated between the insured and the
service provider .
4. Without prejudice to the provisions of Clause s 1 and 2 of this Article ,
upon the proposal of the Minister and in consultation with the relevant
authorities, the UAE Cabinet may amend the rates, values, and periods
specified in this article in order to maximize the benefits to the insured . This is not an official translation 5. Compensation payments made under this Decree -Law shall not prejudice
any other statutory compensation or entitlements available to the
insured.
Article 7
Executive Decisions
For the purposes of implementing the provisions of this decree -law, the UAE
Cabi net shall issue the necessary decisions .
Article 8
Publication and Application of the Decree -Law
This Decree -Law shall be published in the Official Gazette and shall come into
force on the date following its publication.
The original is signed by His
Highness Sheikh Mohamed bin
Zayed Al Nahyan, President of
the United Arab Emirates
Promulgated by us at the Presidential Palace - Abu Dhabi
On 19th of Safar 1444 A.H
Corresponding to 15th of September 2022 A.D
|
2021 33Federal Decree-Law No. (33) of 2021Federal Decree-Law No. (33) of 2021
Regarding the Regulation of Employment Regarding the Regulation of Employment
Relationships and its amendmentsRelationships and its amendments 2021 334Contents
Federal Decree-Law No. (33) of 2021
Article ( 1) Definitions 10
Article ( 2) Objectives 13
Article ( 3) Scope of Application 13
Article ( 4) Equality and Non-discrimination 14
Article ( 5) Employment of Juveniles 14
Article ( 6) Recruitment and Employment of Workers 15
Article ( 7) Work Patterns 15
Article ( 8) Employment Contract 16
Article ( 9) Probationary Period 17
Article ( 10) Non-competition Clause 18
Article ( 11) An Employer Outsourcing some of its Works to Another Employer 18
Article ( 12) Assigning the Worker to Another Job 19
Article ( 13) Employer’s Obligations 19
Article ( 14) Prohibition of Forced Labour and Other Prohibitions 21
Article ( 15) Worker’s Entitlements at the Time of his Death 21
Article ( 16) Worker’s Obligations 22
Article ( 17) Working Hours 23
Article ( 18) Consecutive Working Hours 23
Article ( 19) Overtime 24
Article ( 20) Excluded Workers Categories 24
Article ( 21) Weekend 25
Article ( 22) Defining the Amount or Type of Wage and its Payment 25
Article ( 23) Method of Calculating the Wages of Workers on Piecework Basis 25
Article ( 24) Transferring the Worker with a Monthly Wage to other Categories 25
Article ( 25) Cases of Deduction or Withhold from the Worker’s Wage 26
Article ( 26) Enabling the Worker to Work 27
Article ( 27) Minimum Wage 27
Article ( 28) Public Holidays and Worker’s Work during Holidays 27
Article ( 29) Annual Leave 27
Article ( 30) Maternity Leave 29
Article ( 31) Sick Leave 30
Article ( 32) Various Leaves 30
Article ( 33) Unpaid Leave 315Article ( 34) Absence after the Leave 31
Article ( 35) Validity of Notice Period in case of Termination of the Contract during
the Leave 31
Article ( 36) Care, Safety and Professionalism 32
Article ( 37) Compensation for Work Injuries and Occupational Diseases 32
Article ( 38) Cases of the Worker’s Non-entitlement of Work Injury Compensation 33
Article ( 39) Disciplinary Sanctions 33
Article ( 40) Temporary Suspension from Work 34
Article ( 41) Some Rules for Imposing Disciplinary Sanctions 34
Article ( 42) Employment Contract Termination Cases 34
Article ( 43) Employment Contract Termination Notice 35
Article ( 44) Cases of the Workers Dismissal without Notice 36
Article ( 45) Cases where the Worker quits Work without Notice 37
Article ( 46) Termination of Service for Lack of Health Fitness 37
Article ( 47) Illegitimate Termination of the Worker’s Service 38
Article ( 48) Continuity of Employment Contracts 38
Article ( 49) Transfer of the Worker after Expiry of the Employment Contract 38
Article ( 50) Unlawful Absence from Work 39
Article ( 51) End of Service Benefits for Full-Time Workers 39
Article ( 52) End of Service Benefits for Workers working in Other Work Patterns 40
Article ( 53) Paying the Workers’ Entitlements at the End of the Contract Term 40
Article ( 54) Individual Labour Disputes 41
Article ( 55) Exemption from Judicial Fees 42
Article ( 56) Collective Labour Disputes 42
Article ( 57) Work Inspection 42
Penalties 43
Article ( 58) 43
Article ( 59) 43
Article ( 60) 43
Article ( 61) 44
Article ( 62) 44
Article ( 63) 44
Article ( 64) 44
Article ( 65) Final Provisions 45
Article ( 66) Approved Language 46
Article ( 67) Calculation of Periods and Dates 466Article ( 68) Adjustment of Situations 46
Article ( 69) Grievance against the Ministry›s Resolutions 47
Article ( 70) Powers of the Cabinet 47
Addition ( 71) The Ministry’s Powers 48
Article ( 72) Implementing Regulation 48
Article ( 73) Abrogation 48
Article ( 74) Publication and Enforcement of the Decree-Law 49
Cabinet Resolution No.92 Of 2022
ARTICLE ( 1) Definitions 51
ARTICLE ( 2) Conditions for Licensing Domestic Workers Recruitment Offices 51
ARTICLE ( 3) Licensing of Recruitment Offices 52
ARTICLE ( 4) Branches of The Recruitment Office 53
ARTICLE ( 5) Office Obligations 53
ARTICLE ( 6) Obligations Of The Beneficiary Towards The Domestic Worker 54
ARTICLE ( 7) Cases For Suspension Or Cancellation Of Office Licensing 55
ARTICLE ( 8) Procedures for Suspending or Revoking Office Licensing 55
ARTICLE ( 9) Reporting Violations 56
ARTICLE ( 10) 56
ARTICLE ( 11) 56
ARTICLE ( 12) 56Federal Decree-Law No. (33) of 2021Federal Decree-Law No. (33) of 2021
Regarding the Regulation of Regarding the Regulation of
Employment RelationshipsEmployment Relationships9
Federal Decree-Law No. (33) of 2021
Regarding the Regulation of Employment Relationships
We, Khalifa bin Zayed Al Nahyan -
President of the United Arab Emirates State
• After reviewing the Constitution;
• Federal Law No. ( 1) of 1972 regarding the Competencies of Ministries and Powers
of Ministers and its amendments;
• Federal Law No. ( 6) of 1973 regarding the Entry and Residence of Foreigners and
its amendments;
• Federal Law No. ( 8) of 1980 regarding the Regulation of Employment Relationships
and its amendments;
• Federal Law No. ( 3) of 1987 promulgating the Penal Code and its amendments;
• Federal Law No. ( 10) of 1992 promulgating the Law of Evidence in Civil Transactions
and its amendments;
• Federal Law No. ( 11) of 1992 regarding Civil Procedures and its amendments;
• Federal Law No. ( 35) of 1992 promulgating the Criminal Procedural Law and its
amendments;
• Federal Law No. ( 7) of 1999 promulgating the Pensions and Social Security Law and
its amendments;
• Federal Law No. ( 29) of 2006 regarding the Rights of People with Disabilities and
its amendments;
• Federal Decree-Law No. ( 2) of 2015 regarding Combating Discrimination and
Hatred and its amendments;
• Federal Law No. ( 13) of 2016 regarding Judicial Fees before the Federal Courts;
• Federal Law No. ( 14) of 2016 regarding Violations and Administrative Penalties in
the Federal Government;
• Federal Law No. ( 13) of 2020 regarding Public Health; and
• Based on the proposal of the Minister of Human Resources and Emiratisation, and
the approval of the Cabinet;
Issued the following Decree-Law:10
Article (1)
Definitions
In the application of the provisions hereof, the following terms and expressions shall
have the meanings assigned to each of them, unless the context requires otherwise:
State :United Arab Emirates.
Ministry :Ministry of Human Resources and Emiratisation.
Minister :Minister of Human Resources and Emiratisation.
Private Sector :Companies, institutions, establishments or any other entities
wholly owned by individuals or in partnership with federal or
local government, companies and institutions wholly owned
by the federal or local government, unless the laws of their
establishment stipulate that they shall be subject to the
provisions of another law.
Establishment :Every economic, technical, industrial, commercial unit or
other categories approved in the State, employing workers
and aiming at producing goods, marketing them or providing
services and licensed by the competent authorities.
Employer :Every natural or legal person, who employs one or more workers
in return for a wage.
Worker :Every natural person authorised by the Ministry to work
for one of the licensed establishments in the State, under
supervision and direction of the employer.
Juvenile :Every person who has reached fifteen years old but has not
yet exceeded eighteen years old.
Work :Every human, intellectual, technical or physical effort performed
according to different types of work.
Work Permit :A document issued by the Ministry, according to which a natural
person is allowed to work for the licensed establishment.11
Employment
Contract:Every agreement concluded between the employer and worker,
under which the latter is committed to working for the service
of the employer and under its supervision and guidance, in
consideration of a wage payable by the employer, in accordance
with the standard contract forms defined by the Implementing
Regulation hereof.
Probationary
Period:The period that may be required by the employer, which
enables the latter to evaluate the performance of the worker
and allows the worker to become familiar with his job
duties and the work environment, according to which the
employment contract is either continued or terminated as
per the provisions hereof.
Notice Period :The notice period specified in the employment contract,
which requires both parties to the contract to abide by it
in case either of them wishes to terminate the employment
contract.
Basic Wage :The wage stipulated in the employment contract, which is
paid to the worker in consideration of his work under the
employment contract, on a monthly, weekly, daily, hourly
or piecework basis, and which does not include any other
allowances or benefits in-kind.
Wage :The basic wage, in addition to the cash allowances and
benefits in-kind allocated to the worker under the
employment contract or this Decree-Law, and which may
include: benefits in-kind that the employer shall grant to the
worker or their cash equivalent, if allocated as part of the wage
in the employment contract or the establishment’s by-laws;
the allowances that the worker is entitled to obtain in return
for his effort, the risks he is exposed to while performing his
work or for any other reasons; or the allowances granted to
meet the cost of living, a percentage of sales, or a percentage
of the profits paid for what the worker markets, produces or
collects.
Working Day :The official working day defined by the implementing resolutions
of this Decree-Law.12
Workplace :The work location agreed upon in the employment contract,
or in which the worker undertakes the agreed tasks and
services for the employer.
Continuous
Service:Uninterrupted service with the same employer or its legal
successor, from the date of commencement of work.
Day Worker :Each worker receiving a daily wage.
Work Injury :Being exposed to one of the occupational diseases specified
in the table issued by a resolution of the Cabinet, or any other
injuries arising therefrom, due to or occurring in the course
of work. Any injury should be considered a work injury if it
is proven that the accident happened to the worker during
the period of his commute to and from work, without
interruption or deviation from the normal route.
Medical Entity :Any federal or local government entity concerned with
health affairs or any private health establishment licensed to
provide health services in the State.
Worker’s
Family:Spouse, sons and daughters.
Individual
Labour
DisputesEvery dispute arising between an employer and worker alone,
whose subject is related to this Decree-Law, its Implementing
Regulation and the resolutions issued for its implementation.
Collective
Labour
Disputes:Every dispute arising between an employer and its workers,
whose subject is related to a common interest of all workers
or a group of them.13
Article ( 2)
Objectives
This Decree-Law is intended to achieve the following:
. 1Ensuring the efficiency of the UAE labour market by supporting the attraction
and retention of future skills and talents and providing an attractive business
environment for employers, with the aim of enabling both parties to contribute to
the achievement of the UAE’s national development goals;
. 2Regulating employment relationships and defining the rights and obligations of the
parties to this legal relationship in a balanced manner;
. 3Enhancing the flexibility and sustainability of the UAE labour market through
ensuring the protection of the parties to the employment relationship, its
developments and the exceptional circumstances that they may face and would
thereby affect such relationship;
. 4Improving and developing the capabilities and skills of workers in the private sector,
in a manner that enhances the efficiency and productivity of the workforce in the
UAE labour market; and
. 5Providing protection to both parties to the employment relationship and enabling
them to obtain their rights within the framework hereof.
Article ( 3)
Scope of Application
. 1The provisions hereof shall apply to all establishments, employers and workers in the
UAE private sector.
. 2The following categories shall not be subject to the provisions hereof
a. Employees of federal and local government entities;
b. Employees of the armed forces, police and security; and
c. Domestic workers.
. 3The Cabinet may, upon the Minister’s proposal, exclude any category from being
subject to all or some of the provisions hereof and specify the legislation to be
applied thereto.14
Article (4)
Equality and Non-discrimination
. 1Any discrimination on the basis of race, colour, 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, is prohibited. Employers are prohibited to
discriminate against workers in jobs involving similar tasks.
. 2Rules and regulations that aim to enhance the participation of UAE citizens in the
labour market shall not constitute discrimination.
. 3Without prejudice to the rights established for working women stipulated herein, all
provisions regulating the employment of workers without discrimination, shall apply
to working women.
. 4A 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. By a resolution of the Cabinet, upon the
Minister’s proposal, the procedures, terms and standards necessary for evaluating
work of equal value shall be issued.
Article (5)
Employment of Juveniles
. 1It is not permissible to employ any person under the age of fifteen years old.
. 2The following conditions are required to employ a juvenile:
a. Written consent of the juvenile’s guardian or custodian.
b. A certificate issued by the medical entity proving the health fitness of the
juvenile to undertake the required work.
c. The actual working hours shall not exceed six hours per day and shall include one
break or more, which shall not be less than one hour in total, and this period(s)
shall be defined, so that the juvenile does not work for more than four consecutive
hours.
d. The juvenile shall not work between 7 pm and 7 am.
e. The juvenile shall not be employed in dangerous or arduous works, or in works
which, by their nature, are likely to harm his health, safety or morals and which
are defined by a resolution of the Minister in coordination with the concerned
authorities.
f. The juvenile shall not work overtime, be kept in the workplace after the prescribed
hours or work on weekends or official holidays.
. 3The Implementing Regulation hereof shall specify the juvenile employment, the
procedures to which the employer is committed, the works in which the employment
of the juvenile is prohibited and the rules for excluding the entities that aim at training
and qualifying juveniles professionally, including charitable, educational and training
institutions, from some provisions of this Article.15
Article (6)
Recruitment and Employment of Workers
. 1It is not permissible to undertake work in the UAE and the employer may not recruit
or employ any worker, except after obtaining a work permit from the Ministry as per
the provisions of this Decree-Law and its Implementing Regulation.
. 2The Implementing Regulation hereof shall specify the terms, conditions, types of
work permits and procedures for granting, renewing and cancelling the same.
. 3It is not permissible to undertake the activity of employment or mediation to recruit
or employ workers, except with a licence from the Ministry, in accordance with the
conditions and procedures specified in the Implementing Regulation hereof.
. 4The employer is prohibited from charging the worker for the fees and costs of
recruitment and employment or collecting them from him, whether directly or
indirectly.
. 5The Minister, in coordination with the concerned entities in the State, shall issue the
resolutions regulating jobs, in which the recruitment and employment of workers are
prohibited, as well as the rules of the same.
Article (7)
Work Patterns
. 1The patterns of work to be contracted upon shall be in line with the following:
a. Full time; which means working for one employer for full daily working hours
throughout the working days.
b. Part time; which means working for one or more employers for a specified
number of working hours or days designated for work.
c. Temporary work; which is work whose execution requires a specific period,
or is based on a certain task and is ended by its completion.
d. Flexible work; which is work whose hours or working days change according
to the work load, as well as the economic and operational variables of the
employer. The worker may work for the employer at variable times according
to the work conditions and requirements.
e. Any other patterns of work specified by the Implementing Regulation hereof.
. 2The Implementing Regulation specifies the conditions and rules of the work patterns
and the obligations of both the worker and employer, according to each pattern.16
Article (8)
Employment Contract
. 1The employer shall conclude an employment contract with the worker, according to
the agreed work pattern. The contract shall be made in two copies; one copy shall be
kept by the employer and the other shall be handed over to the worker, as per the
forms specified by the Implementing Regulation hereof.
. 2The worker or his representative may prove by all possible means of proof the
employment contract, the amount of the wage and any of the rights he is entitled to
receive under the provisions of this Decree-Law, its Implementing Regulation and the
resolutions issued for its implementation.
. 3contract of employment shall be concluded for a specified period of time, subject to
renewal, in accordance with the agreement of both parties. *
. 4In case of extending or renewing the contract, the new term(s) shall be considered an
extension of the original term and shall be added to it while calculating the worker’s
continuous term of service.
. 5If both parties continue to implement the contract after the expiry of its original term
or the completion of the agreed work without an express agreement, the original
contract is considered implicitly extended as per the same conditions set forth
therein.
. 6Subject to Clause ( 3) of this Article, the Implementing Regulation hereof shall specify
the forms of employment contracts according to the approved skill levels and the
provisions for changing the contract from one work pattern to another, and register
them at the Ministry.
* In accordance with Federal Decree-Law No. ( 14) of 2022 regarding amending some provisions of Federal Decree-
Law No. ( 33) of 2021 Regarding the Regulation of Employment Relations17
Article (9)
Probationary Period
. 1The employer may appoint the worker under a probationary period not exceeding ( 6)
six months from the date of commencement of work. The employer may terminate
the service of the worker during this period after notifying the latter of the same in
writing fourteen ( 14) days at least before the date specified for the termination of
service.
. 2It is not permissible to appoint a worker under probationary period more than once
at one employer, and if the worker successfully passes the probationary period and
continues to work, the contract shall become valid according to the agreed terms.
This period shall be counted within the term of service.
. 3If the worker wishes to move during the probationary period, to work for another
employer in the State, he shall notify the original employer of the same in writing
within not less than one month from the date of his wish to terminate the contract.
Then, the new employer shall compensate the original employer for the costs of
recruitment or contracting with the worker, unless otherwise agreed upon.
. 4If the foreign worker wishes to terminate the employment contract during the
probationary period, to leave the State, he shall notify the employer of the same in
writing not less than fourteen ( 14) days from the date specified for the termination
of the contract. If he wishes to return to the State and obtain a new work permit
within ( 3) three months from the date of departure, the new employer shall pay the
compensation stipulated in Clause ( 3) of this Article, unless in case of an agreement
between the worker and the original employer to the contrary.
. 5If either party terminates the employment contract without taking into consideration
the provisions of this Article, it shall pay to the other party compensation equal to
the worker’s wages for the notice period or the remaining period of the notice period.
. 6If the foreign worker leaves the State without abiding by the provisions of this Article,
he shall not be granted a work permit to work in the State for one year from the date
of leaving the State.
. 7The Ministry may exclude some job categories, skill levels or workers from the
condition of not granting a work permit, stipulated in Clauses ( 4) and ( 6) of this
Article, in accordance with the rules and procedures specified by the Implementing
Regulation hereof.18
Article (10)
Non-competition Clause
. 1If the work assigned to the worker allows him to gain knowledge of the employer’s
clients or have access to its work secrets, the employer may require that the worker
under the employment contract shall not, after the expiry of the contract, compete
with the employer or be engaged in any competing project in the same sector,
provided that the requirement is specified, in terms of time, place and type of
work, to the extent necessary to protect the legitimate business interests. The non-
competition period shall not be more than two years from the expiry date of the
contract.
. 2This requirement shall be nullified if the employer terminates the employment
contract in violation of the provisions hereof.
. 3The claim filed by the employer for the worker’s violation of the provisions of this
Article shall not be heard if one year has passed from the date of discovering the
violation.
. 4The Implementing Regulation hereof defines the provisions regulating this Article,
skill levels or occupations that may be excluded from the provision of Clause ( 1) of
this Article, in accordance with the conditions and rules specified by the Regulation.
Article (11)
An Employer Outsourcing some of its Works to Another
Employer
The employer may outsource and assign the performance of any of its original works
or part thereof to another employer and the latter shall be solely liable in this case
for the rights of his workers who are undertaking this work, which accrue to them
in accordance with the provisions hereof, unless otherwise agreed by both parties.19
Article (12)
Assigning the Worker to Another Job
. 1The worker may not be assigned to undertake work that is fundamentally different
from the work agreed upon in the employment contract, unless it is necessary in
order to prevent the occurrence of an accident or to rectify the resulting damages,
provided that the assignment is temporary and in accordance with what is specified
in the Implementing Regulation hereof.
. 2In cases other than those mentioned in Clause ( 1) of this Article, the employer may
assign the worker to undertake work not agreed upon in the employment contract,
provided that the worker provides his consent in writing.
. 3If the worker has to change his place of residence in order to be able to undertake
work that is different from the work agreed upon in the employment contract, the
employer shall bear all the financial costs arising therefrom, including the costs of the
worker’s relocation and residence.
Article (13)
Employer’s Obligations
The employer shall comply with the following:
. 1Maintaining the workers’ files and records as per the conditions, rules and procedures
issued by a resolution of the Ministry, provided that the period of keeping the worker’s
file shall not be less than two years after the date of the worker’s end of service;
. 2Not withholding the official documents of the worker or forcing him to leave the
State at the end of the employment relationship;
. 3 Providing rules regarding the organisation of work, such as the regulation of work
instructions, penalties, promotions, rewards and other by-laws and regulations,
according to the rules specified by the Implementing Regulation hereof;
. 4Providing the worker with proper accommodation licensed by the competent
authorities in accordance with the rules, conditions and standards in force in the
State, or paying to him an accommodation allowance in cash or including it in the
wage;
. 5Investing in the development of the skills of workers working for its service and
providing the minimum amount of training, qualification and empowerment tools
and programmes as per the provisions of this Decree-Law and its Implementing
Regulation;20
. 6 Providing the necessary means of prevention to protect workers from the risks
of occupational diseases and injuries that may occur during work, ensuring the
provision of regulations on guidance and awareness, providing appropriate training
for workers to avoid such risks, conducting periodic evaluation to ensure that all
parties to the employment relationship comply with and meet the requirements
of health and occupational security and safety, in accordance with the provisions
of this Decree-Law, its Implementing Regulation and the legislation in force in this
regard;
. 7 Taking the necessary actions to ensure that the worker is aware of his rights and
obligations at work, according to the tools and methods appropriate to the nature
of the work and the workers therein;
. 8 Bearing the costs of the worker’s medical care in accordance with the legislation in
force in the State;
. 9 Bearing the expenses of insurances, contributions and guarantees defined by the
legislation in force;
. 10 Not allowing the worker to work for others, except in accordance with the
provisions hereof;
. 11 Giving the worker, as per his request and upon expiry of the employment contract,
a certificate of experience, without fees, indicating the date of his commencement
of work, the date of its expiry, his entire service term, job title or type of work he was
performing, the last wage he was receiving and the reason for the termination of
the employment contract, provided that the certificate does not include anything
that may harm the worker’s reputation or limit his chances of finding new job
opportunities;
. 12 Bearing the repatriation expenses of the worker to his place of recruitment or
any other place that both parties had agreed upon, unless he has already joined
the service of another employer or unless the reason for terminating the contract
was attributed to the worker, then that the latter shall be liable for incurring those
expenses;
. 13 Providing a safe and appropriate work environment; and
. 14 Any other obligations stipulated under the provisions of this Decree-Law, its
Implementing Regulation, resolutions of the Cabinet or any other legislation in
force in the State.21
Article (14)
Prohibition of Forced Labour and Other Prohibitions
. 1The 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.
. 2Sexual 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, are prohibited.
Article (15)
Worker’s Entitlements at the Time of his Death
. 1In case of the worker’s death, the employer may hand over the worker’s family, any
wages or financial entitlements due to the worker, in addition to the end-of-service
benefits the worker is entitled to, in accordance with the provisions of this Decree-
Law and its Implementing Regulation, within a period not exceeding ( 10) ten days
from the date of death or from the date on which the employer became aware of the
death of the worker.
. 2Subject to the provision of Clause ( 1) of this Article, the worker may specify in writing
the concerned person from his family to receive his rights in case of his death.
. 3The employer shall bear all the costs of preparing and transporting the corpse of the
deceased worker to his home country or place of residence if his family so requests.
. 4The Ministry may, in coordination with the concerned authorities, set a mechanism
to keep the worker’s entitlements in case of his death if it was not possible to hand
them over to his family or those entitled to receive them.22
Article (16)
Worker’s Obligations
The worker shall abide by the following:
. 1 Performing the work by himself according to the direction and supervision of the
employer or anyone acting on its behalf, and in accordance with the contract, and
not outsourcing the work to any worker or any other person;
. 2 Being committed to good behaviour and morals while undertaking work and
adhering to honesty and professional integrity;
. 3 Preserving the production means and work tools in his custody and maintaining
them by taking the necessary actions to preserve them in the places designated
for them;
. 4 Keeping the confidentiality of information and data to which he has access by
virtue of his work, not disclosing the work’s secrets and returning the items in his
custody to the employer at the end of his service;
. 5 Not keeping personally any original papers or hard or soft copies of documents
related to work secrets without the permission of the employer or its representative;
. 6 Implementing the occupational safety and health instructions prescribed at the
establishment as per the legislation in force or work regulations and instructions;
. 7 Working during the approved working days and working hours specified in the
employment contract, communicating and responding in an efficient manner to
complete the duties assigned to him efficiently;
. 8 Continuously and diligently working to develop his functional and professional
skills and enhancing the performance level he provides for the employer;
. 9 Not working for others, in violation of the provisions hereof and other applicable
legislation in this regard;
. 10 Evacuating the accommodation provided by the employer, within a period not
exceeding ( 30) thirty days from the date of end of his service. However, the worker
may stay in the accommodation after the end of the said period, in case of the
employer’s approval, and the worker shall bear the cost of stay or as agreed upon in
writing with the employer; and
. 11 Any other obligations prescribed under the provisions of this Decree-Law and its
Implementing Regulation or any other legislation in force in the State.23
Article (17)
Working Hours
. 1The maximum normal working hours for workers shall be ( 8) eight hours per day or
(48) forty-eight hours per week.
. 2The Cabinet may, based on the Minister’s proposal and in coordination with the
concerned authorities, increase or reduce the daily working hours for some economic
sectors or some categories of workers, as well as the working hours, break and hours
during which it is prohibited to work for certain categories of workers, according to
the workers’ classification specified in the Implementing Regulation hereof.
. 3The periods spent by the worker during the commute between his place of residence
and the workplace, shall not be counted in the working hours, except for some
categories of workers in accordance with the rules defined in the Implementing
Regulation hereof.
. 4The Implementing Regulation hereof specifies the working hours in Ramadan.
. 5If the worker works based on a pattern other than the full-time pattern, the original
employer, or any other employer for which the worker works in accordance with the
provisions hereof, may not ask the worker to work for it more than the hours agreed
upon in the employment contract, except with the written consent of the worker.
. 6If the worker wishes to perform his work remotely, whether inside or outside the
State, with the approval of the employer, the latter may require specific working
hours.
Article (18)
Consecutive Working Hours
The worker may not work for more than ( 5) five consecutive hours without a break
or breaks of not less than an hour in total, provided that these periods are not
included in the working hours. Working hours and breaks shall be arranged at an
establishment working according to shifts or for some job categories, as per their
nature, such as field jobs, and according to the workers’ classification specified in the
Implementing Regulation hereof.24
Article (19)
Overtime
. 1The employer may instruct the worker to work overtime over the normal working
hours, provided that they do not exceed two hours per day. The worker may not
be instructed to work for more than that period, except in accordance with the
conditions and rules specified by the Implementing Regulation hereof. In all cases,
the total working hours shall not exceed ( 144) one hundred and forty four hours
every ( 3) three weeks.
. 2If the work conditions necessitate that the worker works for more than the normal
working hours, the excess period shall represent overtime, for which the worker shall
receive a wage equal to the wage corresponding to the normal working hours, which
is calculated according to the basic wage plus an increase of not less than ( 25 %)
twenty five percent of that wage.
. 3If the work conditions require that the worker works overtime between 10 pm
and 4 am, the worker shall be entitled, regarding the overtime, to receive the wage
prescribed for the normal working hours calculated according to the basic wage plus
an increase of not less than ( %50) fifty percent of that wage. The workers working
based on shifts shall be excluded from this clause.
. 4If the circumstances require that the worker works on the weekend specified in the
employment contract or work regulation, he shall be compensated with another day
off or he shall be paid the wage of that day according to the wage established for
normal working days, plus an increase of not less than ( %50) fifty percent of the basic
wage for that day.
. 5A worker shall not be instructed to work for more than two consecutive weekend
days, except for day workers.
Article (20)
Excluded Workers Categories
The Implementing Regulation hereof defines the categories of workers who may
be excluded from the provisions stipulated regarding the working hours contained
herein.25
Article (21)
Weekend
The worker shall be granted a paid weekend of not less than one day, according to the
employment contract or the work regulation. It is permissible under a resolution of the
Cabinet to increase the weekend day stipulated in this Article.
Article (22)
Defining the Amount or Type of Wage and its Payment
. 1The amount or type of wage shall be specified in the employment contract, and if it is
not specified, the competent court shall specify it as a labour dispute.
. 2The employer shall pay the salaries or wages to its workers on their due dates in
accordance with the regulations approved in the Ministry, as well as the conditions,
rules and procedures specified by the Implementing Regulation hereof.
. 3The salaries shall be paid in UAE Dirham and may be paid in another currency if it is
agreed upon between both parties in the employment contract.
Article (23)
Method of Calculating the Wages of Workers on Piecework
Basis
The daily wage of workers who receive their wages on piecework basis shall be calculated
according to the average amount the worker received for the actual working days during
the ( 6) six months preceding the request or claim regarding any issue related to the wage.
Article (24)
Transferring the Worker with a Monthly Wage to other
Categories
A worker with a monthly wage may be transferred to the category of day workers or
workers hired for a weekly wage, per piecework or hour, if the worker agrees on the same
in writing, without prejudice to the rights acquired by the worker during the period he
worked on a monthly wage.26
Article (25)
Cases of Deduction or Withhold from the Worker’s Wage
. 1No amount may be deducted or withheld from the worker’s wage except in the
following cases:
a. The redemption of loans granted to the worker, within the maximum limit of the
monthly deduction percentage from the worker’s wage stipulated in this Article,
after obtaining the worker’s written consent and without any interest;
b. The redemption of the amounts paid to the worker in excess of his entitlements,
provided that the amount deducted does not exceed ( %20) twenty percent of
the wage;
c. The amounts deducted for the purposes of calculating the contributions in
bonuses, retirement pensions and insurances according to the legislation in force
in the State;
d. The worker’s contributions to the Savings Fund at the establishment or the loans
payable to the Fund approved by the Ministry;
e. Installments for any social project or any other benefits or services provided by the
employer and approved by the Ministry, provided that the worker agrees in writing
to participate in the project;
f. Amounts deducted from the worker due to violations he commits, according
to the regulation of penalties in force at the establishment and approved by the
Ministry, provided that they shall not exceed ( %5) five percent of the wage;
g. Debts due pursuant toa judgment, without exceeding a quarter of the wage
payable to the worker, except for the awarded alimony debt, as more than a
quarter of the wage may be deducted. In case of several debts, the amounts to be
paid shall be distributed as per the privilege categories;
h. Amounts necessary to rectify the damage caused by the worker, as a result of his
mistake or violation of the employer’s instructions, which led to the destruction,
demolition or loss of tools, machines, products or materials owned by the
employer, provided that the deducted amounts do not exceed the wage of ( 5) five
days per month. It is not permissible to deduct an amount greater than that except
with the approval of the competent court.
. 2If there are many reasons for deduction or withholding from the wage, in all cases the
percentage of deduction and/or withholding may not exceed ( %50) fifty percent of
the wage.27
Article (26)
Enabling the Worker to Work
. 1The wage is paid in exchange for work and the employer shall allow the worker to
carry out his work. Otherwise, it shall be obliged to pay the wage agreed upon.
. 2The Implementing Regulation defines the procedures for the worker to quit work
if he is not allowed to perform the work agreed upon in the employment contract.
Article (27)
Minimum Wage
The Cabinet may, upon the proposal of the Minister and in coordination with the
concerned authorities, issue a resolution to determine the minimum wage for
workers or any category thereof.
Article (28)
Public Holidays and Worker’s Work during Holidays
. 1The worker shall be entitled to official days off with full pay on public holidays, which
are defined by a resolution of the Cabinet.
. 2If work conditions require that the worker works during any of the public holidays,
the employer shall compensate him with another day off for each day, on which he
works during the holiday, or pay him the wage for that day according to the wage
established for the normal working days, plus an increase of not less than ( %50) fifty
percent of the basic wage for that day.
Article (29)
Annual Leave
1. Without prejudice to the worker’s acquired rights for the period preceding the
date of enforcement of the provisions of this Decree-Law, the worker shall be
entitled to an annual leave with full wage, of not less than;
a. Thirty days for each year of extended service;
b. Two days for each month if his service term is more than six months and less
than a year;
c. A leave for parts of the last year he spent at work if his service is ended before
using his annual leave balance.28
. 2The part-time worker shall be entitled to an annual leave according to the
actual working hours the worker spends working for the employer and its
period shall be defined in the employment contract, in accordance with what
is stipulated in the Implementing Regulation hereof.
. 3The employer may agree to grant the worker a leave from his annual leave
balance during the probationary period, while the worker shall reserve his right
to be compensated for the remainder of his annual leave balance in case he
does not pass the probationary period.
. 4The worker shall obtain his leave in its entitlement year and the employer
may specify the dates of these leaves according to work requirements
and in agreement with the worker, or grant them alternately among the
establishment’s workers, in order to secure its work progress. The employer
shall notify the worker of the specified date for his leave within a sufficient time
of not less than a month.
. 5The worker may, with the approval of his employer and in accordance with
the applicable regulations at the establishment, carry forward his annual leave
balance or days thereof to the following year.
. 6The worker shall be entitled to the wage for the period of his annual leave.
. 7The holidays prescribed by law or by agreement are included in the calculation
of the annual leave period if they fall within the annual leave of the worker and
they form a part thereof, unless the employment contract or the regulations
in force at the establishment provide for anything that is more useful for the
worker.
. 8The employer may not prevent the worker from benefiting from his annual
leave accrued for more than two years, unless the worker wishes to carry it
forward or receive a cash allowance for it, in accordance with the regulations in
force at the establishment and the Implementing Regulation hereof.
. 9The worker shall be entitled to a wage for the accrued leave days if he quits the
work before using them, regardless of the leave duration, with respect to the
period for which he did not obtain his leave. He shall also be entitled to receive
leave wage for parts of the year in proportion to the period he spent in work
and it shall be calculated according to the basic wage.
. 10The Implementing Regulation hereof defines the rules and conditions for
regulating leaves and their compensation.29
Article (30)
Maternity Leave
. 1The female worker shall be entitled to a maternity leave of ( 60) sixty days, according
to the following:
a.The first ( 45) forty-five days with full wage; and
b.The following ( 15) fifteen days with half wage.
. 2The female worker may, after using the maternity leave, be absent from work
without a wage for a period not exceeding continuous or intermittent ( 45) forty-
five days. If this absence is due to her sickness or her child’s sickness resulting from
pregnancy or childbirth, which does not allow her to return to her work. Such
sickness shall be proven by a medical certificate issued by the medical entity. This
period is not included within the service term, for which the female worker is
entitled to end of service benefits or the period of contribution in the retirement
scheme in accordance with the legislation in force in this regard.
. 3The female worker shall be entitled to the maternity leave mentioned in Clause
(1) of this Article if the delivery took place ( 6) six months or more after pregnancy,
whether the fetus was born dead or alive and then died.
. 4If the female worker gives birth to a sick child or a child of determination, whose
health condition requires a constant companion, according to a medical report
issued by the medical entity, she has the right to a leave of thirty ( 30) days with
full pay starting after the end of the maternity leave and she the right to extend
the leave for a period of ( 30) thirty days without pay.
. 5The employer shall grant the female worker a maternity leave upon her request
at any time, starting from the last day of the month preceding immediately
the month, in which she is expected to give birth, and this shall be proven by a
certificate issued by the medical entity.
. 6Being on a maternity leave or absent from work as mentioned in this Article shall
not prejudice the female worker’s right to obtain the other leaves.
. 7If the female worker works for another employer during the period of her leave
authorised in this Article, the original employer may deprive her of her wages for
the leave period or redeem what he has paid to her.
. 8It is not permissible to terminate the service of the female worker or notify her of
the same because of the pregnancy, having a maternity leave or her absence from
work in accordance with the provisions of this Article.
. 9After returning from maternity leave and for a period of not more than ( 6) six
months from the date of delivery, the female worker shall be entitled to one or
two breaks per day to breastfeed her child, provided that the two breaks do not
exceed an hour.30
Article (31)
Sick Leave
. 1If the worker is infected by a disease not arising from work injury, he shall inform
the employer or his representative about his sickness, within a period not exceeding
(3) three working days, and submit a medical report on his condition, issued by the
medical entity.
. 2The worker shall not be entitled to a paid sick leave during the probationary period.
However, the employer may grant him a sick leave without pay, based on a medical
report issued by the medical entity that stipulates the necessity of granting the leave.
. 3After the end of the probationary period, the worker may be entitled to a sick leave
of not more than ( 90) ninety continuous or intermittent days per year, provided that
it is calculated as follows:
a. The first ( 15) fifteen days with full pay;
b. The following ( 30) thirty days with half pay;
c. The following period unpaid.
. 4The worker shall not be entitled to a wage for the sick leave if the sickness resulted
from the misconduct of the worker, in accordance with the cases defined by the
Implementing Regulation hereof.
. 5The employer may terminate the worker’s service after finishing his sick leave referred
to in this Article if he is unable to return to his work, provided that the worker receives
all his financial entitlements in accordance with the provisions of this Decree-Law and
its Implementing Regulation.
Article (32)
Various Leaves
. 1The worker shall be entitled to a paid leave in the following cases:
a. A bereavement leave of ( 5) five days, in case of death of the husband or wife
and ( 3) three days in case of death of the mother, father, son, brother, sister,
grandson, grandfather or grandmother, starting from the date of death;
b. A parental leave for a period of ( 5) five working days, for the worker (either
the father or mother), who has a newly born child, in order to take care of his
child and the worker is entitled to such leave for a continuous or intermittent
period, within ( 6) six months from the date of the child birth;
c. Any other leaves specified by the Cabinet.
.31
. 2The worker may be granted a study leave for a period of ( 10) ten working days per
year for the worker who is enrolled or regularly studying at one of the educational
institutions approved in the State, in order to sit for exams, provided that the service
term at the employer is not less than two years.
. 3The national worker shall be entitled to a sabbatical paid leave to perform the
national service, in accordance with the legislation in force in the State.
. 4In order to obtain the leaves referred to in this Article, proof of the same shall be
provided from the concerned authorities.
. 5The Implementing Regulation specifies the provisions for granting and regulating the
leaves mentioned in this Article.
Article (33)
Unpaid Leave
. 1The worker may, after obtaining the approval of the employer, have an unpaid leave,
other than that referred to herein.
. 2The leave mentioned in this Article shall not be included in the worker’s service term
at the employer or in the period of the contribution in the retirement scheme in
accordance with the legislation in force in this regard.
Article (34)
Absence after the Leave
The worker, who does not return directly to his work without a legitimate reason
after the end of his leave, shall not be entitled to his wage for the absence period
following the leave end.
Article (35)
Validity of Notice Period in case of Termination of the
Contract during the Leave
If either party to the employment contract wishes to terminate the contract in
accordance with the provisions of this Decree-Law and its Implementing Regulation,
while the worker is on the leave, the validity of the notice period agreed upon in
the employment contract shall not begin, except from the day following the day
scheduled for the worker’s return from the leave, unless bothparties agree otherwise.32
Article (36)
Care, Safety and Professionalism
Establishments shall abide by the provisions contained in Federal Law No. ( 13) of 2020
regarding public health and all resolutions issued for the implementation thereof and
any other legislation issued in this regard. The Implementing Regulation hereof defines
the role of the Ministry and the provisions related to the safety, protection and health
care of workers.
Article (37)
Compensation for Work Injuries and Occupational
Diseases
. 1Under a resolution of the Cabinet, based on the Minister’s proposal and in coordination
with the concerned authorities, work injuries and occupational diseases, conditions and
procedures to be followed in case any of them occur, the obligations of the employer in
this regard, the amount of compensation due to the worker in case of permanent full or
partial disability, compensation payable to his family in case of his death and the rules
for its distribution and amount, shall be defined.
. 2The employer shall, in case the worker has a work injury or an occupational disease:
a. Bear the expenses of the worker’s treatment until he recovers and is able to
return to work or proves his disability, in accordance with the conditions, rules
and procedures specified by the Implementing Regulation hereof.
b. If the work injury or occupational disease prevents the worker from performing
his work, the employer shall pay to the worker an amount equivalent of his full
wage throughout the treatment period or for ( 6) six months, whichever is less.
If the treatment period exceeds ( 6) six months, the worker shall obtain half
wage for another ( 6) six months, or until the worker is cured or his disability or
death is proven, whichever is earlier.
. 3If the work injury or occupational disease led to the death of the worker, his family
shall be entitled to compensation equal to the basic wage of the worker for ( 24)
twenty four months, provided that the compensation amount is not less than
(AED 18,000 ) eighteen thousand UAE Dirham and not more than (AED 200,000 )
two hundred thousand UAE Dirham. The compensation amount is calculated
according to the basic wage that the worker was receiving before his death and the
compensation is distributed among the eligible beneficiaries of the deceased worker
according to the Implementing Regulation hereof, while preserving the rights of the
deceased’s family in the end of service benefits and any other financial entitlements
payable to the worker.33
Article (38)
Cases of the Worker’s Non-entitlement of Work Injury
Compensation
The worker shall not be entitled to work injury compensation if it is proven through
the investigations of the competent authorities that any of the following cases takes
place:
. 1The worker deliberately caused injury to himself for any reason.
. 2The injury took place under the influence of alcohol, narcotics or other psychotropic
substances.
. 3The injury took place as a result of a deliberate violation of the declared preventive
instructions at visible areas in the workplace, as defined by the Implementing
Regulation hereof.
. 4The injury took place as a result of willful misconduct by the worker.
. 5The worker refused, without a serious reason, to be examined or follow the treatment
specified by the medical entity.
Article (39)
Disciplinary Sanctions
. 1The employer or his representative may impose to the worker who violates the
provisions of this Decree-Law, its Implementing Regulation and resolutions issued for
its implementation, any of the following penalties:
a. Written notice;
b. Written warning;
c. Deduction of not less than ( 5) five days per month from the wage;
d. Suspension from work for a period not exceeding ( 14) fourteen days and non-
payment of wage for the suspension days;
e. Deprivation from the periodic bonus for a period not exceeding one year,
regarding the establishments that adopt the periodic bonus system and the
worker is entitled to obtain it according to the provisions of the employment
contract or the establishment’s regulations;
f. Deprivation of promotion at the establishments having a promotion system for
a period not exceeding two years;
g. Termination of service while preserving the worker’s right of end of service
benefits.
. 2The Implementing Regulation defines the conditions, rules and procedures necessary
for the imposition of any of the penalties referred to in Clause ( 1) of this Article and
the mechanism of grievance thereof.34
Article (40)
Temporary Suspension from Work
. 1The employer may suspend the worker temporarily from work for a period not
exceeding ( 30) thirty days, in order to conduct a disciplinary investigation with him
if the investigation interest so requires, along with suspending half the wage during
the suspension period. If the investigation concluded keeping the case, non-violation
or punishment of the worker by warning, the worker shall be paid the wage that was
suspended during the suspension period.
. 2The employer may temporarily suspend the worker from work when he is accused
of committing a crime of assault on oneself, money, or crimes related to breach of
honour or trust, until a final judgment is issued by the competent judicial authority.
His wage shall be suspended for the suspension period. If a judgment is issued for
not putting the worker into trial, he was acquitted for absence of felony or the
investigation concluded keeping the case due to lack of evidence, he shall be returned
to work, along with paying his full suspended wage.
Article (41)
Some Rules for Imposing Disciplinary Sanctions
. 1It is not permissible to impose any disciplinary sanction to the worker for an action
committed by him outside the workplace unless it is related to work.
. 2It is not permissible to impose more than one disciplinary sanction for a single
violation, according to the provision of Article ( 39) hereof.
Article (42)
Employment Contract Termination Cases
The employment contract is terminated in any of the following cases:
. 1The written agreement of both parties upon its termination;
. 2Expiry of the term specified in the contract, unless it is extended or renewed as per
the provisions hereof;
. 3Based on the wish of either party, provided that the provisions hereof regarding
termination of the employment contract and the notice period agreed upon in the
contract are observed;35
. 4The employer’s death if the subject of the contract is related to its entity;
. 5The worker’s death or full permanent inability to work, as proven by a certificate
issued by the medical entity;
. 6A final judgment issued against the worker by a freedom-restricting penalty for a
period of not less than ( 3) three months;
. 7Closing the establishment permanently, in accordance with the legislation in force
in the State;
. 8The bankruptcy or insolvency of the employer, or any economic or exceptional
reasons that prevent the continuation of the project, in accordance with the
conditions, rules and procedures specified by the Implementing Regulation and the
legislation in force in the State;
. 9The worker’s failure to fulfill the conditions for renewing the work permit for any
reason beyond the control of the employer.
Article (43)
Employment Contract Termination Notice
. 1Either party to the employment contract may terminate the contract for any
legitimate reason, provided that the other party is notified in writing and work shall
be performed during the notice period agreed upon in the contract, provided that
such period is not less than ( 30) thirty days and not more than ( 90) ninety days.
. 2The employment contract continues to be valid throughout the notice period
referred to in this Article and is terminated upon expiry of such period. The worker
shall be entitled to his full wage for that period according to the last wage he was
obtaining and he shall work during that period if the employer requests the same
from him. It may be agreed upon exemption from the notice period condition or
reducing its period while preserving all the rights of the worker for the notice period
agreed upon in the employment contract, provided that the notice period is the
same for both parties unless it serves the interests of the worker.
. 3The party who did not abide by the notice period shall pay to the other party
compensation, which is called notice period allowance, even if the absence of
notification does not cause damage to the other party and the compensation shall
be equal to the worker’s wage for the full notice period or the remaining part thereof.
. 4The notice period allowance is calculated according to the last wage received by the
worker for those who obtain their wages on a monthly, weekly, daily or hourly basis,
and according to the average daily wage referred to herein for those who obtain their
wages on a piecework basis.
. 5If the employment contract is terminated by the employer, the worker shall have
the right to be absent during the notice period for one working day without pay per
week, in order to search for another job. The worker may specify the day of absence,
provided that he notifies the employer of the same ( 3) three days at least before the
absence day.36
Article (44)
Cases of the Workers Dismissal without Notice
The employer may dismiss the worker without notice after conducting a written
investigation with him and the dismissal decision shall be in writing and justified
and the employer or its representative shall hand it over to the worker in any of the
following cases:
. 1 It is proven that the worker impersonated another person, or submitted forged
certificates or documents.
. 2 The worker committed a mistake that resulted in gross physical losses to the
employer or the he deliberately damaged the properties of the employer and
he acknowledged the same, provided that the latter informs the Ministry of
the incident within ( 7) seven working days from the date of being aware of the
occurrence of the incident.
. 3 The worker violated the instructions of the establishment’s by-law related to the
safety of work and workers or the workplace, provided that they are written and
hung in a visible place and the worker is informed of the same.
. 4 The worker did not perform his basic duties according to the employment contract
and he continued breaching them despite conducting a written investigation with
him for this reason and he is notified and warned of dismissal twice if this is repeated.
. 5 The worker disclosed one work secret related to industrial or intellectual property,
which resulted in losses to the employer, missed opportunity or achieving a
personal benefit for the worker.
. 6 The worker is drunk during working hours, is under the influence of narcotics or
psychotropic substances, or commits an action breaching the public morals at the
workplace.
. 7 The worker assaults during work, the employer, manager in charge, one of his
superiors or colleagues at work, by word, action or any form of assault that is
punishable under the legislation in force in the State.
. 8 The worker is absent without a legitimate reason or excuse accepted by the
employer for more than ( 20) twenty intermittent days during one year or more
than ( 7) seven consecutive days.
. 9 The worker exploited his position in an illegal way to obtain personal results and
gains.
. 10 The worker joins another establishment without abiding by the rules and
procedures prescribed in this regard.37
Article (45)
Cases where the Worker quits Work without Notice
The worker quit work without notice, while retaining his rights upon end of service in
any of the following cases:
. 1The employer’s breach of his obligations towards the worker stipulated in the
contract, this Decree-Law or the resolutions issued for its implementation, provided
that the worker notifies the Ministry fourteen ( 14) working days before the date of
quitting work and without the employer’s rectification and removal of the effects
resulting from this breach despite being notified by the Ministry of the same.
. 2It has been proven that the employer or its legal representative assaulted the worker,
committed violence or harassment against him at work, provided that he informs the
competent authorities and the Ministry within ( 5) five working days from the date on
which he was able to report.
. 3If there is a grave danger at the workplace that threatens the worker’s safety or health,
provided that the employer is aware of its existence and does not take any actions
that indicate its removal. Then, the Implementing Regulation hereof specifies the
rules of the grave danger.
. 4The employer instructs the worker to perform a work fundamentally different from
the work agreed upon in the employment contract, without obtaining the worker’s
written consent on the same, except for the necessity cases as per the provisions of
Article ( 12) hereof.
Article (46)
Termination of Service for Lack of Health Fitness
The employer may not terminate the worker’s service due to his lack of health fitness
before using the legally accrued leaves. Each agreement to the contrary shall be null
and void, even if it is concluded prior to the enforcement of the provisions hereof.38
Article (47)
Illegitimate Termination of the Worker’s Service
. 1The termination of the worker’s service by the employer is unlawful if the termination
of the worker’s service is due to filing a serious complaint to the Ministry or filing a
lawsuit against the employer, whose validity is proven.
. 2The employer shall pay fair compensation to the worker estimated by the competent
court if it is proven that the termination is unlawful according to Clause ( 1) of this
Article. The amount of compensation shall be defined by taking into account the
work type and the amount of damage caused to the worker and his service term. It is
required in all cases that the amount of compensation does not exceed the worker’s
wage for a period of ( 3) three months, calculated according to the last wage he was
obtaining.
. 3The provisions of Clause ( 2) of this Article shall not prejudice the right of the worker
to obtain a notice period allowance and end of service benefits payable to him, in
accordance with the provisions hereof.
Article (48)
Continuity of Employment Contracts
The employment contracts in force shall remain valid in the event of a change in
the establishment’s form or legal status. The new employer shall be responsible for
implementing the provisions of those contracts, in addition to executing the provisions
of this Decree-Law, its Implementing Regulation and the resolutions issued for its
implementation, as of the date of amending the establishment data at the competent
authorities.
Article (49)
Transfer of the Worker after Expiry of the Employment
Contract
The worker may, in case of expiry of the employment contract in accordance with
the provisions hereof, move to work for another employer as per the conditions and
procedures specified in the Implementing Regulation hereof.39
Article (50)
Unlawful Absence from Work
. 1If the foreign worker leaves work, for an illegitimate reason, before the end of the
contract term, he shall not be granted another work permit to join another job in
the State in accordance with the provisions hereof, for a period of one year from the
date of the absence from work. It is also not permissible for any other employer, who
is aware of the same, to employ him or keep him in his service during that period.
. 2The Ministry may exclude some job categories, skill levels or workers from the
provision of Clause ( 1) of this Article, in accordance with the rules and procedures
specified by the Implementing Regulation hereof.
. 3The employer shall notify the Ministry of the incident of absence from work as per
the procedures specified by the Implementing Regulation hereof.
Article (51)
End of Service Benefits for Full-Time Workers
. 1The national worker shall be entitled to end of service benefits at the end of his service,
in accordance with the legislation regulating the pensions and social securities in the
State.
. 2The full-time foreign worker, who completed a year or more in continuous service,
shall be entitled to end of service benefits at the end of his service, calculated
according to the basic wage as per the following:
a. A wage of ( 21) twenty one days for each year of the first five years of service;
b. A wage of ( 30) thirty days for each year exceeding such period.
. 3The foreign worker shall be entitled to a benefit for parts of the year in proportion to
the period spent at work, provided that he completed one year of continuous service.
. 4The unpaid days of absence from work shall not be included in the calculation of the
service term.
. 5Without prejudice to the legislation regarding the granting of pensions or retirement
benefits to workers in some establishments, the end of service benefits shall be
calculated according to the last basic wage the worker was entitled to, with respect
to those who receive their wages on a monthly, weekly or daily basis and according to
the average daily wage stipulated in the provisions hereof for those who receive their
wages on a piecework basis.40
. 6It is required based on the foregoing that the end of service benefits for the foreign
worker in its entirety does not exceed two years’ wage.
. 7The employer may deduct from the end of service benefits any amounts payable
under the law or a judgment, in accordance with the conditions and procedures
specified in the Implementing Regulation hereof.
. 8The Cabinet may, based on the Minister’s proposal and after coordination with the
concerned authorities, approve other alternative schemes for the end of service
benefits scheme and the issued resolution specifies the conditions, rules and
mechanism of contribution in these schemes.
Article (52)
End of Service Benefits for Workers working in Other Work
Patterns
The Implementing Regulation hereof defines the mechanism for regulating end of
service benefits for foreign workers based on work patterns, other than the full-
time basis, in a manner that enhances the efficiency and attractiveness of the labour
market and as required by the interests of both parties to the employment contract.
Article (53)
Paying the Workers’ Entitlements at the End of the
Contract Term
The employer shall pay to the worker, within ( 14) fourteen days from the end date
of the contract term, his wages and all his other entitlements stipulated herein and
resolutions issued for its implementation, the contract or the establishment’s by-laws.41Article (54)*
Individual Labour D isputes
In the event of a dispute between the Employer and the Employee or their bene ficiaries
under the provisions of this Decree-Law, the dispute shall be submitte d to the Ministr y
will be taken in order to resolve the dispute ami cably.
invo lving disputes who se value does not exceed Dhs.50,000 (Fifty thousan d dirhams ) or
who se dispute is concerning either party failing to adhere to an amicabl e settlemen t
decision previously issu ed by t he Ministry, regardless of the claim's value.
In accordance with paragraph No. 2 herein, the decision of the Ministr y rendered to
adjudicate the disput e shall be regarded as an executive bond, and stam ped with the
executiv e formu la in accordance with the usua l procedure. Both parties to the dispute
are entitled to file a laws uit within (15) fifteen working days following notification or
shall schedule a hearing within three working days of the date the case is filed, notify the
parties to the dispute of the hearing date, and decide the case withi n thirty (30)
working days of the filing date. In accordanc e with this paragraph, the ruling of the
competent court of first instan ce in the subject of the dispu te shall be the final ruling .
Upon filing the lawsui t, the Ministr y's decision referred to in this provision will be
suspended.
could be reached within the time frame prescribed in the Implementin g Regulatio n of
the dispute, the parties' argument s, and the Ministry's recommendat ions.
If the dispute continues, the Ministry may order the employer to pay the employee’s
wage fo r a maxi mum period of (2) two months, provided that th e dispute has r esulted
in the withho lding of such paym ent in accordanc e with the provisions of this
Decree-Law’s Implementing Regulatio n.
According to the Minister, other administr ative meas ures or arrangement s may be
taken agains t the Establishm ent in order to prevent turning the current Individua l
Labour Dispute into a Collective Labour Dispute that might prejudi ce publ ic interests.
Accordingly, the Court shall schedule a hearing withi n three (3) days to examin e the
lawsui t, notify the parties of the date of the hearing, and dispose of the matt er in a
summary mann er.
No lawsu it pertaining to one of the disputes ment ioned in this article shall be accepted
without fo llowing the procedures and deadlines stipulated in this a rticle.
Litigat ion concerning any of the rights accrued under this Decree-Law may not be
considered after two years from th e date of terminatio n of employmen t.. 1
. 2
. 3
. 4
. 5
. 6
. 7
. 8
. 9
Prov isions of Federal Decree-Law No . (33) of 202 1 Co ncerning Labour Re lations42
Article (55)
Exemption from Judicial Fees
. 1Labour claims shall be exempted from judicial fees at all stages of litigation and
execution, as well as the requests filed by workers or their heirs, whose amounts do
not exceed (AED 100,000 ) one hundred thousand UAE Dirham.
. 2The Cabinet may, based on the Minister of Justice›s proposal, amend the amount
referred to in Clause ( 1) of this Article by increasing or decreasing it as required.
Article (56)
Collective Labour Disputes
. 1If there is a dispute between the employer and all the workers of the establishment
or a group of them, and the amicable settlement is not possible, the employer or
workers shall submit a complaint to the Ministry as per the rules and procedures
specified by the Implementing Regulation hereof.
. 2The Minister may impose preventive procedures or measures on the establishment,
in order to avoid that the existing collective dispute would cause damage to the
public interest.
. 3The Cabinet may, based on the Minister’s proposal, form one committee or more
called (Collective Labour Disputes Committee), so as to consider collective labour
disputes that the Ministry is not able to settle amicably. The issued resolution shall
define its formation, duties, work system, mechanism of issuing its resolutions and
their execution, as well as other provisions related to the proper work progress of the
Committee.
Article (57)
Work Inspection
. 1The Ministry’s officials, who are authorised by a resolution of the Minister of Justice
in agreement with the Minister, shall have the capacity of law enforcement officers to
prove the violations to the provisions of this Decree-Law, its Implementing Regulation
and the resolutions issued for its implementation. They shall have the right to enter
the relevant establishments, examine violations and write the necessary minutes and
records.
. 2The Implementing Regulation hereof shall specify the procedures for work inspection.43Penalties
Article (58)
penalty stated in any other law.
Article (59)
Any person who commits the following shall be punished by a fine of not less than
(AED 20,000) twenty thousand UAE Dirham and not more than (AED 100,000) one
hundr ed thousand UAE Dirham:
. 1Submitting false information or docume nts in order to recruit a foreign worker to the
State to work therein;
. 2Obstructing or preventing an employee assigned to implement the provisions
of this Decree-Law, its Implementing Regulation and the resolutions issued for its
imple mentation, attempting or trying to prevent him from performi ng his job,
wheth er by using force, violence or threatening to use it;
. 3Disclosing a work secret, to which he has access , by virtue of his job as a public
officer charged with the implementation of the provisions of this Decree-Law, its
Implementing Regulation and the resolutions issued for its imple mentation, even
after quitting work.
Article (60)*
Individuals who commit the following violations shall be fined a minimum of 100,000 dirhams
(one hundred thousand dirhams) and a maximum of 1,000,000 dirhams (one million dirhams):
Employment of an worker without obtaining a work permit
Hiring a worker and leaving him/her unemployed
Utilized work permits for purposes other than those intended
Closure or discontinuation of an establishment without following the appropriate procedures for
settling workers' dues is a violation of this law, the Implementing Regulation, and the Resolutions
issued to implement it.
Employs a juvenile in violation of this law
A guardian or caretaker who accepts to employ a juvenile in violation of this Decree-Law.
Employers who commit violations of laws, regulations, or decisions governing the labour market
and appoint an employee or employees in fictitious circumstances will be fined not less than
100,000 (one hundred thousand dirhams) and not more than 1,000,000 (one million dirhams) if
such action results in the worker obtaining any benefit or advantage from any ministry, council,
fund, authority, or any other government entity under which jurisdiction has been granted by law
or decisions issued by the Council of Ministers for regulating the labour market, increasing the
* /T_he article is amended in accordance with the Federal Decree-Law No.(9) of 2024 Revising Some Provisions
of Federal Decree-Law No. (33) of 2021 Concerning Labour Relationscompetitiveness of those employed in it or assisting him in evading the fulfillment of statutory
obligations. /T_he employer may not recover the value of the financial incentives he paid to any of
these entities from the employee, and the penalty stipulated in this clause is multiplied by the
number of fictitious employees appointed.
In accordance with paragraph (2) of this Article, criminal proceedings may only be initiated at the
Minister's or his authorized representative's request.
If the employer requests a settlement regarding the crime described in paragraph (2) herein, the
Ministry may make a settlement prior to a judgment being rendered. /T_he employer shall be
required to pay at least 50% of the minimum fine specified for this offense as part of this
agreement. Additionally, the employer must refund all financial incentives received by his
employees who have been appointed fictitiously. /T_he criminal case will be terminated upon the
payment of the reconciliation amount.
. 1
. 2a)
b)
c)
d)
e)
f)44Article (61)
Any person who exploits or misuses the electronic powers granted to him to have
access to the Ministry’s systems or enables others to do so, whic h woul d result in
disruption in the work procedures or relations, shall be punished by imprisonment
for a period of not less than one year and a fine of not less than (AED 200,000) two
hundred thousand UAE Dirham and not mor e than (AED 1,000,000) one milli on UAE
Dirham, or one of these penalties.
Article (62)
would vary according to the multiplicity of workers who committed violations, with
a maximum of (AED 10,000,000) ten million UAE Dirham.
Article (63)
Any person, who violates any other provision o this Decree-Law, its Imple menting
Regulation and the resolutions issued for its implementation, shall be puni shed with a
fine of not less than (AED 5,000) five thousand UAE Dirham and not mor e than (AED
1,000,000) one million UAE Dirham.
Article (64)
In case of repeating any of the violations mentioned in this Decree-Law, its
Implementing Regulation and the resolutions issued for its imple mentation, before
the lapse of one year since the perpetrator of a simila r violation has been punished,
then the perpetrator shall be punished by imprisonment, along with doubling the fine
stipulated herein or one of these penalties.Individuals who commit the following violations shall be fined a minimum of 100,000 dirhams
(one hundred thousand dirhams) and a maximum of 1,000,000 dirhams (one million dirhams):
Employment of an worker without obtaining a work permit
Hiring a worker and leaving him/her unemployed
Utilized work permits for purposes other than those intended
Closure or discontinuation of an establishment without following the appropriate procedures for
settling workers' dues is a violation of this law, the Implementing Regulation, and the Resolutions
issued to implement it.
Employs a juvenile in violation of this law
A guardian or caretaker who accepts to employ a juvenile in violation of this Decree-Law.
Employers who commit violations of laws, regulations, or decisions governing the labour market
and appoint an employee or employees in fictitious circumstances will be fined not less than
100,000 (one hundred thousand dirhams) and not more than 1,000,000 (one million dirhams) if
such action results in the worker obtaining any benefit or advantage from any ministry, council,
fund, authority, or any other government entity under which jurisdiction has been granted by law
or decisions issued by the Council of Ministers for regulating the labour market, increasing the competitiveness of those employed in it or assisting him in evading the fulfillment of statutory
obligations. /T_he employer may not recover the value of the financial incentives he paid to any of
these entities from the employee, and the penalty stipulated in this clause is multiplied by the
number of fictitious employees appointed.
In accordance with paragraph (2) of this Article, criminal proceedings may only be initiated at the
Minister's or his authorized representative's request.
If the employer requests a settlement regarding the crime described in paragraph (2) herein, the
Ministry may make a settlement prior to a judgment being rendered. /T_he employer shall be
required to pay at least 50% of the minimum fine specified for this offense as part of this
agreement. Additionally, the employer must refund all financial incentives received by his
employees who have been appointed fictitiously. /T_he criminal case will be terminated upon the
payment of the reconciliation amount..3
.445
Article (65)
Final Provisions
. 1The rights stipulated herein shall represent the minimum rights for workers and the
provisions hereof shall not prejudice any of the rights granted to the worker under any
other legislation, agreement, acknowledgment, regulation or employment contract,
which would grant the worker rights that are more useful than the rights established
under the provisions hereof.
. 2The employer or worker may not misapply the provisions of this Decree-Law, its
Implementing Regulation and the resolutions issued for the implementation of
its provisions and they may not commit an action that would limit the freedom
of others, the freedom of other workers or employers to achieve any interest or
viewpoint adopted, which contradicts freedom of work or the competence of the
authority concerned with settling the disputes.
. 3Each provision contradicting the provisions hereof, even if it was existing prior to its
enforcement, shall be deemed null and void, unless it is more beneficial to the worker.
Each discharge, reconciliation or waiver of the rights arising for the worker hereunder
shall be null and void if it violates its provisions.
. 4The employer may develop and implement programmes or regulations at the
establishment, which are more beneficial to the worker than what is prescribed
under the provisions of this Decree-Law and its Implementing Regulation. If these
programmes and regulations conflict with the provisions hereof, the conditions more
useful and beneficial for the worker shall be applied.
. 5The employer may not review the terms and conditions of the employment contract
in force with the worker before the issuance of this Decree-Law, in order to apply
the provisions hereof, unless those amendments are intended to achieve a greater
advantage and benefit for the worker. The employment contract can be updated
after its expiry as per the provisions hereof.
. 6The employer or worker may terminate the employment contract with an undefined
term, which was concluded before the enforcement of this Decree-Law, for a
legitimate reason, after notifying the other party in writing for a period of not less
than ( 30) thirty days if the service term is less than ( 5) five years, a period of not less
than ( 60) sixty days if the service term is more than ( 5) five years and a period of not
less than ( 90) ninety days if the service term is more than ( 10) ten years.
. 7The amounts payable to the worker or his family members in accordance with the
provisions hereof shall have a concession over all the funds of the employer and they
shall be paid immediately after settling the amounts due to the public treasury and
the legal alimony ruled to the wife and children.46
Article (66)
Approved Language
. 1The Arabic language is the language approved in all records, files, data, forms and
others that are stipulated in this Decree-Law, its Implementing Regulation and the
resolutions issued for its implementation.
. 2 The employer shall use the Arabic language in concluding contracts with the workers,
in writing and publishing instructions and circulars which it shall issue, provided
that there shall be another language, beside the Arabic, which is understood by the
non-Arabic speaking worker, taking into account that the text in the other language
matches the Arabic text. In case of difference, the Arabic text shall prevail.
Article (67)
Calculation of Periods and Dates
The calculation of the periods and dates stipulated herein shall be based on the
Gregorian calendar. The Gregorian year in applying the provisions hereof shall include
(365) three hundred and sixty-five days, while the month represents ( 30) thirty days.
Article (68)
Adjustment of Situations
. 1The provisions hereof shall apply to employment contracts of undefined terms, which
are concluded in accordance with Federal Law No. ( 8) of 1980 mentioned above.
. 2The employers shall adjust their situations and convert employment contracts with
undefined terms to fixed-term employment contracts, as per the conditions, rules
and procedures contained herein during one year from the date of its enforcement.
The Minister may extend this period for other periods as required by the public
interest.
. 3Subject to the provision of Clause ( 2) of this Article, the employer may calculate the
end of service benefits in accordance with the provisions of the employment contract
with an undefined term stated in Federal Law No. ( 8) of 1980 indicated above.47
Article (69)
Grievance against the Ministry›s Resolutions
Both parties to the employment relationship may file a grievance against the
resolutions issued by the Ministry in accordance with the procedures specified in the
Implementing Regulation hereof.
Article (70)
Powers of the Cabinet
For the purposes hereof, the Cabinet shall be concerned with the following:
. 1Approving the conditions, rules and procedures for classifying the establishments
subject to the provisions hereof, and the privileges offered for each category of these
establishments;
. 2Approving the conditions, rules and procedures for classifying the skill levels of
workers in the labour market subject to the provisions hereof and the privileges
provided for each level;
. 3Approving the conditions, rules and procedures for employing the students of
accredited educational institutions in the State, in a way that enhances the efficiency
of the labour market and the competitiveness of workers and allows the employers
to benefit from human potentials;
. 4Adopting the conditions and procedures for employing persons with disabilities
(people of determination) in the State in the categories appropriate for them and
their physical, technical and intellectual capabilities, as well as defining their rights,
duties and privileges provided for them, in a way that contributes to empowering this
category, allowing them to participate in the development process and motivating
the employers to employ them and provide all means of support and empowerment
for them;
. 5Approving policies, legislation and regulations that organise the labour market in
the State, enhancing the participation of State nationals in the labour market and
motivating the employers to solicit and employ nationals;
. 6Issuing resolutions that would limit the repercussions of any general exceptional
circumstances faced by the State in the work sector in the State;
. 7Changing the periods, percentages, or values mentioned herein, according to the
variables and needs of the labour market and what is required by the public interest; and
. 8Defining the fees necessary to implement the provisions of this Decree-Law and its
Implementing Regulation.48
Addition (71)
The Ministry ’s Powers
For the purposes hereof, the Ministry shall be concerned with the following:
. 1Proposing the policies, strategies and legislation for the following:
a. Encouraging and motivating the establishments to invest in training and
empowerment of workers, as well as raising their level of skill, efficiency and
productivity;
b. Adopting modern and technological means and soliciting the best competencies
according to the requirements of the labour market in the State to increase
productivity;
c. Training the students of public and higher education institutions accredited in
the State.
. 2Establishing unified forms for the regulations of employment relationships at the
establishments and issuing rules and mechanisms for their adoption, in order to serve
the interest of the worker and employer.
Article (72)
Implementing Regulation
The Cabinet, based on the Minister›s proposal, issues the Implementing Regulation
for the provisions hereof.
Article (73)
Abrogation
. 1Federal Law No. ( 8) of 1980 regulating employment relationships shall be abrogated.
. 2Each provision that violates or contradicts the provisions hereof shall be abrogated.
. 3The resolutions, regulations and rules in force prior to the enforcement of the
provisions hereof shall remain in force, in a way not contradicting its provisions, until
they are replaced in accordance with the provisions hereof.49
Article (74)
Publication and Enforcement of the Decree-Law
This Decree-Law shall be published in the Official Gazette and shall be enforced as
of2 February 2022 .
His Highness Sheikh Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates State
Issued by us at the Presidential Palace in Abu Dhabi:
On: 13 Safar 1443 AH
Corresponding to: 20 September 2021 ADCabinet Resolution No.92 Of 2022Cabinet Resolution No.92 Of 2022
Concerning Concerning
Licensing and Regulating The Work of Licensing and Regulating The Work of
Domestic Workers Recruitment OfficesDomestic Workers Recruitment Offices51
CABINET RESOLUTION NO.92 OF 2022
CONCERNING
LICENSING AND REGULATING THE WORK OF DOMESTIC
WORKERS RECRUITMENT OFFICES
His Excellency Minister of Human Resources and Emiratisation:
• Having reviewed the Federal Law No.( 1) of 1972 on the competencies of the Ministries and
Powers of the Ministers and the amendments thereof
• Federal Law No. 10 of 2017 concerning domestic workers
• Federal Decree-Law No. 33 of 2021 concerning Regulation of Labour Relations
• Cabinet Resolution No. ( 21) of 2020 concerning Service Fees and Administrative Fines at the
Ministry of Human Resources and Emiratisation
• Cabinet Resolution No. 22 (of 2019 ) regarding the executive regulations of the Domestic
Workers Law.
• Cabinet Resolution No. 819 of 2017 concerning Service Centers (Tadbeer)
• Cabinet Resolution No. 48 of 2022 regulating labor inspection procedures
Has resolved:
ARTICLE (1)
Definitions
The same definitions contained in Federal Decree No. 10 of 2017 and its executive
regulations issued by Cabinet Resolution No. 22 of 2019 , will be adopted to define any
terms contained herein.
ARTICLE (2)
Conditions for Licensing Domestic Workers Recruitment
Offices
In order to acquire a license to practice the activity of support workers recruitment
Agency, the conditions set forth in Article ( 3) of Federal Law No. ( 10) of 2017 herein
and Articles ( 3) ,(2) and ( 4) of its executive regulation must be met , in addition to the
following:52
. 1The Applicant must provide the Ministry with a bank guarantee for a value not less
than AED 500,000 /- (five hundred thousand dirhams) throughout the period of permit
validity provided that the guarantee is automatically renewable. The Applicant may
provide a security deposit as an alternative to the said guarantee in accordance with the
means set by the Ministry. The Ministry may, according to the risk factor, demand an
increase in the value of Bank Guarantee. Furthermore, the Ministry may allocate all or
part of the guarantee or the security deposit stipulated in this Article to settle any sum
that may be payable by the Office to the Ministry, employer or the worker or as a result
of its failure to perform its obligations under this Resolution or abide by the instructions
and Decisions issued hereunder. The recruitment office must complete the shortfall
in the value of the guarantee within 30 days from the date of its occurrence.
. 2The License Applicant must submit a credit report that reflects its financial status,
whether it’s a sole establishment or partners in a legal entity, provided that this report is
issued by one of the competent authorities in the state.
. 3The License Applicant or any of the partners in the legal entity applying therefor may
not be an employee of the Ministry in relevant operational
sectors or a first-class relative of such employee, including husband and wife.
. 4The License Applicant must have an office with a clearly defined address for practicing
recruitment business. An exception to this is when the Ministry permits the license
applicant to practice his activities electronically in accordance with the mechanisms
specified in the procedures manual in this regard.
ARTICLE (3)
Licensing of Recruitment Offices
. 1The license is issued to the Domestic Workers Recruitment Office with the approval of
the Minister or his authorized deputy.
. 2The license shall be renewed annually after paying the prescribed fee, provided that the
Office continues fulfilling the requirements of the license.
. 3The Office whose license has expired and has not been renewed within 30 days will be
violating the provisions contained herein pertaining to exercise the work of the Agency,
and will be subjected to legally prescribed fines.53
ARTICLE (4)
Branches of The Recruitment Office
The Office may open branches in the same emirate where it is licensed to operate, or
in any other emirate in accordance with the requirements of local licensing, subject to
the approval of the Ministry after evaluating and reviewing the amount of the Bank
Guarantee or the Security Deposit compared to the volume of activity.
ARTICLE (5)
Office Obligations
In addition to the obligations contained in Federal Law No. 10 of 2017 specified by the
implementing bylaws, the Recruitment Office shall abide by the following:
a. Obligations towards domestic workers:
. 1Provide the worker with a decently equipped temporary accommodation and daily
meals (whether registered under the office or mediated by the office, or those returned
to the office for any reason), as long as the latter needs to stay at the office until he/she
has a place to reside in in accordance with the rules and regulations regulating labor
accommodations and any other requirements set by the Ministry.
. 2In case of temporary employment, implement, at all times, all legally stipulated
obligations on any employer towards the employee, except for what has been excluded
by special text in this Resolution or in the other Decisions issued by the Ministry. The
Office may not,
. 3in any way, fail to implement these obligations due to the employer’s failure to fulfill its
obligations with the Agency, and it shall be the main party responsible in all cases, for
the implementation of these obligations.
b. Obligations towards Recruitment Agencies Outside The Country:
. 1Meet and implement all requirements and controls contained in the memorandum of
understanding signed by the Ministry and the country in which the Agency is located,
and to disclose to the Ministry the number and data of domestic workers allocated to
the office.
. 2Ban dealing with any employment agency, office or person, or with any unlicensed
entity outside the country. In all cases, the Ministry may, for the reasons it deems
appropriate, prevent the office from dealing with any employment agency, person or
any entity outside the country.54
c. Office obligations towards the Ministry:
. 1Adhere to strict confidentiality regarding all data and information that it has access to
in the course of its activity, and refrain from using such data and information, publish it
or share it with other parties without the approval of the Ministry.
. 2Abide by the prescribed government service fees set by the Council of Ministers for the
services it provides to customers and refrain from acquiring any additional fees.
. 3Provide domestic workers services, including the provision of service packages that are
circulated by the Ministry and in accordance with the approved fees.
. 4The office may not provide its services to employers of an establishment that satisfied the
conditions of suspending establishments provided for in the Ministry’s applicable systems
except in the case of temporary employment and with the approval of the Ministry.
. 5Comply with all terms of the Service Level Agreement concluded with the Ministry, to
ensure the quality of service delivery.
ARTICLE (6)
Obligations Of The Beneficiary Towards The Domestic
Worker
The beneficiary shall be obligated to the domestic worker as follows:
. 1Ensure all proper occupational health and safety conditions for the worker, in line with
the nature of the work.
. 2 Refrain from assigning the worker with any jobs or services that fall outside the general
framework of the work or service agreed upon with the Office.
. 3Desist from occupying the worker for more hours than the hours agreed upon with the
office.
. 4Notify the Ministry and Agency immediately of any work accidents or injuries the
worker sustains.55
ARTICLE (7)
Cases For Suspension Or Cancellation Of Office Licensing
The Minister may revoke the license of an office or temporarily suspend it, in any of
the following cases:
. 1Failure to meet any of the conditions upon which his license is issued, including
submitted pledges and statements or if the Office fails to adhere to the new decisions
issued by the Ministry.
. 2If any of the documents or data submitted for licensing purposes are found to be false.
. 3If the Office violates the provisions of this Resolution, the regulations and instructions
pertaining thereto, or related legislation applicable in the Ministry.
. 4If the Office commits any act involving some form of forced labor or human trafficking.
ARTICLE (8)
Procedures for Suspending or Revoking Office Licensing
If the Office license is suspended or canceled hereunder, the following actions shall be
taken:
. 1The Office shall be notified by the suspension or cancellation decision using the
notification methods applicable in the Ministry, along with the reasons for such decision.
. 2Collection of all fines payable and due by the Office up to the date of cancellation.
. 3Owners of cancelled licenses will be instructed to settle the conditions of their workers
within 15 fifteen days from the date of the license cancellation decision.
. 4Obligate the office owner to fulfill all his obligations towards workers and business
owners throughout the suspension period, and refrain from concluding any new
contracts until the reasons for the suspension are rectified and lifted.
. 5Authorities licensing business activities in the local government (economic departments
and municipalities) and departments of residency and foreigners’ affairs shall be notified
to take their actions according to the suspension or cancellation decision, including the
cancellation of any license, permits or authorizations issued to the cancelled Office.
. 6In all cases, the bank guarantee or security deposit under Article ( 2) herein will not be
reimbursed until all amounts payable by the Office are collected.56
ARTICLE (9)
Reporting Violations
The Inspectors of the Ministry are responsible for conducting inspections of places of
work and workers’ accommodations in order to curb any violations to the peremptory
norms of the decisions issued to execute the aforementioned law and all relevant
legislation in force.
ARTICLE (10)
The Undersecretary for Human Resources Affairs shall issue a procedures manual,
necessary to enforce the provisions of this law.
ARTICLE (11)
. 1Cabinet Resolutions No. 819 of 2017 regarding service centers (Tadbeer) shall be repealed
and any provision inconsistent with the provisions of this Law is hereby repealed.
. 2Any office who has been issued a license in accordance with Cabinet Resolutions No.
819 of 2017 hereof, must fulfill all the requirements contained in this decision upon the
renewal of the license.
ARTICLE (12)
This Resolution shall be published in the Official Gazette and shall come into force
from the date of its issuance.
Dr. Abdulrahman Abdul Mannan Al-Awar
Minister of Human Resources and Emiratization
(Seal and signature)
Issued on 2022 -02-28 |
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document MINISTERIAL RESOLUTION NO. (438) OF 2024 ON THE REORGANIZATION OF THE
EMIRATISATION PARTNERS CLUB
Minister of Human Resources and Emiratisation
Having perused:
▪ Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers
of the Ministers as amended
▪ Federal Decree -Law No. (33) of 2021 concerning Regulation of Labor Relations,
its Executive Regulations as amended
▪ Cabinet Resolution No. (21) of 2020 on the service fees and administrative fines
of the Ministry of Human Resources and Emiratisation, as amended
▪ Cabinet Resolution No. (18) of 2022 regarding the classification of private sector
establishments under the Labor Relations Regulation Law
▪ Ministerial Resolution No. (956) of 2016 establishing the Emiratisation Partners
Club in the Private Sector as amended
▪ Ministerial Resolution No. (258) of 2022 on the reorganization of the
Emiratization Partners Club
Resolved:
Article (1)
Reorganization of the requirements and standards of the “Emiratisation Partners
Club” to permit private sector establishments to be members of the Localization
Partners Club, provided that they comply with all obligations set forth in Federal
Decree -Law No. (33) and its amendments and executive regulations, and all
decisions issued by the Ministry re garding work permits, contracts, and wage
protection systems, in addition to meeting one of the following two criteria:
a) Achieve an Emiratisation rate of 3 times or more the target on an annual basis
in accordance with Cabinet decisions. Providing, however, that the number of
nationals appointed is not less than 30 additional national employees.
b) A minimum of 500 nationals shall be trained and recruited annually in
cooperation with the UAE National Competitiveness Council (Nafis).
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document Article (2)
Establishments are classified in the first category for a period of one year and are
granted club membership upon meeting the eligibility requirements and one of the
two criteria outlined in Article 1. Depending on the value specified for the first
category, it may be possible to take advantage of the values for work permits and the
Ministry's services up to 1.5 million dirhams.
Article ( 3)
The establishment will be denied membership in the club shall any of the following
conditions exist:
a) Upon expiration of the one -year period following the date of joining the club,
or upon exhaustion of the maximum benefit amount set forth in Article (2)
above.
b) Establishments fail ing to meet any of the standards stated in Article (1) of this
resolution within one year following joining the club's membership will be
excluded from the club's membership and will also be required to reimburse
the difference in service fees they received as a result of their membership.
Article ( 4)
Members of the club are subject to periodic inspections by the competent regulatory
and supervisory units in the Ministry in order to ensure their compliance with the
requirements of the first category.
Article (5)
The aforementioned Ministerial Resolution No. (258) of 2022 is hereby repealed, and
any provision that are contrary to or contravenes this resolution shall be repealed.
Article ( 6)
This Resolution shall be published in the Official Gazette and shall be effective from
the date of issuance.
Dr . Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Signature and stamp appear
Issued by us on: 09-07-2024 |
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document MINISTERIAL RESOLUTION NO. (620) OF 2023 REGARDING THE PILOT PHASE OF
THE PROFESSIONAL TRAINING PROGRAMME FOR EMIRATI STUDENTS
Minister of Human Resources & Emiratisation:
Having perused:
▪ Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers
of the Ministers and amendments thereof,
▪ Federal Decree -Law No. (33) of 2021 concerning Regulation of Labour Relations
and its Executive Regulations
▪ The Federal Decree No. (48) of 2004 ratifying the Arab Labour Mobility
Convention No. (18) of 1996 pertaining to the Employment of Minors
▪ Cabinet Resolution No. (21) of 2020 regarding service fees and administrative
fines in the Ministry of Human Resources and Emiratisation
▪ Resolution No. (9 of 2022 of the Chairman of the Board of Directors of the
Emirates Competitiveness Council on the regulations and requirements for
receiving benefits from the Emirates Talent Competitiveness Council programs
and initiatives
▪ Resolution No. (5) of 2023 passed by the Chairman of the Board of Directors of
Emirati Competitiveness regarding the adoption of professional training
programme s for students in the private sector
▪ Ministerial Resolution No. (519) of 2018 on the r egulations and requirements for
the employment and training of students .
Resolved:
Article (1)
Professional And Internship Training Program for Students
A Professional and Practical Training Program for Students provides Emirati students
with practical experience throughout their various stages and paths of study in order
to support their enrollment into the skilled workforce in the private sector . In order This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document to accomplish this goal, a number of tracks are offered to students from the ninth
grade to the final year of their undergraduate studies.
Article (2)
Introduction of The Pilot Phase of The Program
In collaboration with the Ministry of Education, the Ministry will launch the pilot
phase of the professional and practical training program me for students in
September 2023 which will continue through the academic year 2023 -2024. Upon
completion of the pilot phase, the program directors will evaluate the results and
make recommendations.
Article (3)
Process and Participants in the Pilot Phase
Participants in the pilot phase under the supervision of the Ministry's program
managers include:
- Educational institutions: schools, institutes, and technical colleges.
- Private and Semi -Governmental Sectors Establishments .
- The program invites selected Emirati students from the ninth grade to their
final year of undergraduate study .
In order to achieve the objectives of the pilot phase of the program, the following
three approaches are being pursued:
First : Certified Internship Model : Internships offered under the Certified Internship
Model provide non -obligatory practical experience for secondary school students,
and last from two to four weeks. The program targets students in the ninth, tenth
and eleventh grades in public secondary schools. Successful students will receive
accredited academic hours and financial rewards upon completing the certified
internship program in accordance with the aforementioned decision of the
Chairman of the Board of Directors of Emirates Competitiveness fo r
Competitiveness (NAFIS) No. 5 of 2023. In order to qualify for success, the
establishment must submit a completion certificate indicating completion of
training. Furthermore, the establishment must verify the validity of the assessment
prepared by the school. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Second: Alternance Model : This track provides mandatory practical experience for
students in higher education who are pursuing a bachelor's degree. The student is
required to train at the establishment for a minimum period of six weeks in order to
complete the course . Successful candidates must submit a practical project that will
be evaluated by both the establishment and the educational institution. Moreover,
the establishment must issue a certificate of completion to the student upon
completion of the training. Obtaining this certificate represents completion of a
number of accredited academic hours at their educational institution.
Third: Dual learning Model : In this program, students from schools, institutes, and
vocational higher technical colleges are required to complete eight weeks of practical
experience. In this model , students in school grades and students in post -secondary
vocational institutes are included. Successful candidates must submit a practical
project that is evaluated by both the facility and the educational institution.
Moreover, the facility must issue a certificate of completion to the student upon
completion of the training. Obtaining this certificate represents completion of a
number of accredited academic hours at their educational institution.
Article (4)
Pilot Phase Partners
The pilot phase will be managed by the Ministry, in collaboration with the following
entities , each in their field of expertise, with the Ministry acting as the program's
coordinator:
1. Ministry of Education
2. Emirates School Education Foundation
3. Colleges of Higher Technology
4. Abu Dhabi Center for Technical and Vocational Education and Training
5. Emirati Cadre Competitiveness Council
Article (5)
Basic Responsibilities of The Ministry and The Partners This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document a. The Ministry : the Ministry's program managers are responsible for the
following duties:
▪ Develop a vision, general direction, and an action plan : Provide guidance and
support to partners during the implementation process.
▪ Maintain compliance with regulations and the design specifications of the
pilot phase : This is accomplished by ensuring that all activities related to the
pilot phase are conducted within the frameworks established by the
applicable regulations.
▪ Supporting establishments participating in the pilot program : By providing
necessary guidance and assistance.
▪ Monitor and supervise the pilot phase : Assess the progress made in
accordance with the evaluation framework and the established protocols
b. Participants : Responsibilities entrusted to participants include the following:
▪ Develop new programs and paths, modify and updat e them as necessary.
▪ Manag e human and financial resources to ensure training operations are
progressing as planned .
▪ Monitor and track the performance of students assigned to the program.
▪ Provide guidance and assistance to students during their professional and
practical training
▪ Obtain feedback from students and evaluate the effectiveness of the learning
process .
Article (6)
The Selection of Participating Establishments
Establishments participating in the pilot phase will be selected by the Ministry and
the pilot phase partners. Following selection, the selected establishments will
conduct training and supervise the students throughout the training period in
accordance with the program's standards and procedures.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Article (7)
Roles and Responsibilities of Participants
As part of the program, participants must comply with the laws, regulations, and
requirements stipulated by the Ministry, as stated in the employment agreement
signed between the student, the establishment, and the educational institution
(attached herein as Annexure 2 ).
In particular, the establishment must comply with the following requirements:
▪ Develop and update training offerings in collaboration with education sector
partners. Based on the model Annexure No. (2), opportunities offered should
be based on duties, tasks, competencies, general knowledge, skills, and work
behaviors.
▪ Provid e an internal mentor to guide and evaluate the performance of each
group of students hosted by the establishment .
▪ Take part in training or educational courses offered by the Ministry of Human
Resources and Emiratisation to participating establishments.
▪ Establish a safe environment for students, and make sure that they perform
tasks appropriate to their level of expertise, and under the supervision of a
mentor from the company where necessary.
▪ Officers from educational institutions who are responsible for the evaluation
process may visit students during professional training.
▪ Provide students with continuous support, under the direction of their
mentor, including regular briefing sessions to monitor their progress.
▪ Assess students according to the approved evaluation standards issued by the
Ministry and issue certificates of completion when the standards are met.
Article (8)
Partnering with Educational Institutions
During the pilot phase, the selection of educational institution partners is subject to
the approval of the Ministry and other partners. It is necessary that they provide
support and assistance to the participating institutions and students during the
design and implementation phases of the training program.
Article (9) This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Educators, Institutes and Colleges' Responsibilities
School or institute partners are responsible for developing educational objectives
for participating students, verifying that the program complies with the approved
regulatory framework, and providing assistance to facilities in developing a training
plan and maintaining an appropriate work environment for training. Furthermore,
the student, facility, and educational institution must adhere to all requirements
established by the Ministry. These requirements are outlined in the agreement
signed by the studen t, facility, and educational institution. (attached herein as
Annexure 2 ).
Educational Partners r esponsibilities are as follows:
▪ Take part in a variety of training workshops organized by the Ministry in order
to gain an understanding of common support materials .
▪ Select members of the teaching staff from the school, institute, or higher
school to conduct the evaluation, provided that they are properly trained in
the essential skills required to conduct the evaluation, and that they
participate in mandatory training course s conducted by Ministry specialists.
▪ Identify and assign individuals to be responsible for auditing the evaluation
process in order to ensure the quality of the evaluation process and the
compliance of those conducting the evaluation with the specified guidelines.
▪ Recruit external cadres for auditing tasks in order to ensure the quality of the
evaluation process and the accomplishment of the required standards .
▪ Include s tudents participating in the program in their insurance policy issued
by the educational institut e.
▪ Ensure that students are provided with appropriate training and safe means
of transportation, as required .
▪ Identify the key performance indicators of the program and develop
procedures for collecting data.
▪ Maintain a minimum standard of professionalism and relevant skills for all
training opportunities.
▪ Monitor the training progress of students and mentors in the establishment
to ensure successful completion of the training program .
▪ Follow up with the establishment with respect to approved learning
objectives and provide additional guidance as necessary.
▪ Prepare and submit reports on the outcomes of training and students'
performance to the Ministry in accordance with the agreed -upon procedure. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Article (10)
Implementation of the Regulatory Framework Within the Pilot Program
As part of the selection process, selected establishments agree to comply with the
applicable business policies and regulatory frameworks. Furthermore, partners and
students have agreed to sign the Tripartite Agreement attached herein as Annexure
(2).
Article (11)
Procedures For Issuing Training Permits to Students
Participating establishment must abide by the terms of the Tripartite Agreement . In
addition, they must adhere to the applicable procedures for obtaining training
permits from the Ministry.
Article (12)
Payment of Remuneration
As part of the coordination process between the Ministry personnel in charge of the
program and Emirates Competitiveness Council specialists, remuneration is
disbursed to secondary school students from the ninth to the eleventh grades,
according to applicable legislation enacted by the Council in this regard . Students
will be compensated based on the number of weeks they participate in the program.
Reimbursement will be made through the educational partner once all program
requirements have been met.
Article (13)
Abrogation of Contravening Provisions and Publication
This Resolution shall be published in the Official Gazette and shall come into force
from the date of its issuance. This Resolution shall preempt any provision that is
contrary or in conflict with it .
Dr. Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Issued by us on: 28 /September/ 2023
ANNEXURE (1)
PILOT PHASE OF THE PROFESSIONAL AND PRACTICAL TRAINING PROGRAM - THE
FIRST YEAR - POWERS MATRIX
Responsibilities/Actors Ministry of
Human
Resources and
Emiratisation The Ministry
of Education Emirates School
Education
Foundation,
Applied Technology
High School,
Education and
Professional
Development
Center Higher
Colleges of
Technology National
Qualifications
Centre,
Commission for
Academic
Accreditation Emirates
Competitiveness
Council (NAFES)
Compliance
And Budget Conformity of the pilot
phase to the applicable
regulations Responsible
Party Responsible
Party Informed Party Informed
Party Advisory Body Advisory Body
Pilot phase conformity
with the initial design Responsible
Party Advisory
Body Informed Party Informed
Party Advisory Body Advisory Body
Pilot phase budget and
payment management Responsible
Party Advisory
Body Informed Party Informed
Party Informed Party Responsible
Party
Operations
And Support Student academic
support, evaluation,
and follow -up Informed Party Responsible
Party Responsible Party Responsible
Party Advisory Body Informed Party
Curriculum introduction
and revision Informed Party Responsible
Party Responsible Party Responsible
Party Advisory Body Informed Party
Provide feedback and
guidance to educational
institutions Informed Party Advisory
Body Informed Party Informed
Party Responsible
Party Informed Party
Supporting
Corporations Responsible
Party Informed
Party Informed Party Informed
Party Informed Party Advisory Body
Mitigation,
Monitoring,
And
Supervision Follow -up and
supervision of the Pilot
Program Responsible
party Responsible
Party Advisory Body Advisory
Body Informed Party Informed Party
Modifications to the
pilot program Advisory Body Advisory
Body Advisory Body Advisory
Body Informed Party Advisory Body This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Management of
student complaints Informed Party Advisory
Body Responsible Party Responsible
Party Informed Party Informed Party
Management of
corporate complaints Responsible
party Informed
Party Advisory Body Advisory
Body Informed Party Advisory Body
Annexure (2)
Model Of the Trilateral Agreement
Agreement for the provision of professional training and internships
(Hereinafter referred to as the “Agreement”)
First Party: (Company details)
Name:
The Company is represented by :
According to the powers vested in him/her in the capacity of :
Address:
Tel:
E-mail address:
Second Party: (Student details)
Name:
EID No.:
Student ID:
Address:
Tel:
E-mail address:
Third Party: (Education Institution details)
Name: This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document The Institution is represented by :
According to the powers vested in him/her in the capacity of :
Address:
Tel:
E-mail address:
Collectively referred to as the "Parties" and individually referred to as the "Party"
Preamble
WHEARAS, the Second Party is a student in grade ( ------ ) completing his/her
education (name of institution) wishing to train with the First Party in accordance
with the provisions contained in Ministerial Resolution No. (519) of 2018 issued by
the Ministry of Human Resources and Emiratization regarding Student s Training and
Employment.
NOW, THEREFORE, the parties hereto agree as follows :
Article (1)
The above preamble forms an integral part of this Agreement. The parties to this
Agreement agree to comply with the requirements and controls set forth in
Ministerial Resolution No. (519) of 2018 issued by the Ministry of Human Resources
and Emiratisation on Student s Training and Employment .
Article (2)
a. The training provided under this Agreement will be specific to the position of
------------
b. This Agreement shall be for the period of ------------- The term of this
Agreement will run from --------- until ------------
c. Working days : ----------------------
d. Working hours: ---------------------
e. Job location(s) : ---------------------- This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document During the period of the professional and practical training program, the Second
Party shall maintain his/ her position and legal status, and may neither be excluded
nor promoted. The Second Party shall not be included in the evaluation of the
company's employees during the period of the professional and practical training
program.
Article (3)
The purpose of the professional and practical training program is to ensure that the
Second Party is able to apply the theoretical knowledge acquired during the training
process.
In coordination with the educational institution, the First Party should assign to the
Second Party duties and responsibilities related to the qualifications and skills
incorporated into the program design.
Supervisors overseeing the performance of the Second Party are required to
determine jointly the content of the following framework:
Summary of the professional and practical training program's learning outcomes :
Responsibilities of the Second Party:
Name and title of the Second Party's school supervisor:
Name and title of the Second -Party's Mentor at the company:
Article (4)
It is understood that all parties are bound by the evaluation framework previously
agreed upon. Detailed descriptions of each party's responsibilities can be found in
Articles 6 and 7.
After completing the professional and practical training program, the First Party is
required to issue a certificate of completion and forward it to the Third Party and
the Second Party .
Article (5) This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Participants from partner secondary schools are eligible to receive remuneration in
accordance with applicable regulations.
Furthermore, the parties may agree upon specific compensation, as described in
Annexure 2.
Article (6)
The First Party agrees to the following:
a. Provide a thorough training to the Second Party on all skills necessary for the
position of ------- in accordance with the professional requirements of the
position.
b. Provide a professional training environment that contributes to the
improvement of the skills and capabilities of the Second Party without
exposing him/her to any health risks in any way .
c. A minimum of one (1) day of weekly leave for the second party can be agreed
upon before the training starts.
d. During an emergency, the Second Party may take emergency leave, or as
agreed between the parties.
e. Provide evaluation and monitoring throughout the term of the Agreement in
order for the Second Party to gain the greatest benefit from the training.
f. Payment of the agreed -upon training remuneration to the Second Party
according to the agreement between the parties.
g. Provide necessary medical treatment for injuries sustained during or as a
result of training.
h. Provide the Second Party with a complementary certificate of completion
upon completion of the training. Detailed descriptions of the duties
performed by the Second Party and evaluations of its performance must be
included in the certificate .
Article (7)
The Second Party agrees to the following :
a. Maintain compliance with agreed -upon training hours and days. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document b. Maintain the highest standards of professional conduct and business ethics
when dealing with the employer or colleagues and in accordance with the
company's Code of Conduct and Human Resources policies.
c. Make sure all work tools and machines are maintained in good working order .
d. Maintain compliance with the company's occupational health and safety
regulations.
e. Maintain confidentiality of all confidential information .
f. Ensure that all instructions are followed correctly.
g. Maintain a positive image of the company at all times .
Article (8)
If there is a conflict between the Arabic and English versions of this Agreement, the
Arabic version shall prevail .
Article (9)
This Agreement was executed in four counterparts. A copy was given to each party,
and a fourth copy was submitted to the Ministry of Human Resources and
Emiratisation.
First Party
Second Party Third Party
Name
Name Name
Date Date Date
Annexure (1): Wages and compensation, if any |
This is not an official translation MINISTERIAL RESOLUTION NO. (663) OF 2022
REGARDING COMPLIANCE WITH EMIRATIS ATION REGULATIONS IN THE
PRIVATE SECTOR
Minister of Human Resources and Emiratisation
Having perused:
Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers of
the Ministers and amendments thereof
Federal Law No. (7) of 1999 promulgating the Pensions and Social Security Law
and amendments thereof
Federal Decree -Law No. 2021 concerning the establishment and regulation of the
Emirati Cadres Competitivenes s Council
Federal Decree -Law No. (33) of 2021 on the Regulation of Labor Relations, along
with its amendments and executive regulations
Cabinet Resolution No. (21) of 2020 on the Ministry of Human Resources and
Emiratisation Service Fees and Fines and amendments thereof
Cabinet Resolution No. (1/7m) of 2021 concerning Initiatives and Programs for
Emirati Cadres Competitiveness Council “NAFIS” and amendments thereof
Cabinet Resolution No. (95) of 2022 regarding Regulatory violations and
administrative pe nalties related to Emirati Cadres Competitiveness Council
initiatives and programs “NAFIS”
Ministerial Resolut ion No. ( 279) Of 2022 r egarding Monitoring Emiratisation
rates in the private sector and imposing contributions on non -compliant
businesses and a mendments thereof
Has Resolved:
Article (1)
Definitions
False Emiratisation : Falsely employing a national by obtaining a work permit and
registering that employee with the establishment for a purpose other than the one for
which the permit was issued , and the conclusion of employment contracts that This is not an official translation includes formal elements, however it lacks the fundamental elements necessary in
proving the real contractual relationship (wages, work, subordination) between the
parties to circumvent laws and ministerial decisions concerning national’s
employment in the private sector, or to exploit government programs or incentives
for employmen t or training, or to achieve the target specified in the Ministry's
regulations .
Violating Establishment : An establishment that violates one or more of the controls
contained in this resolution, or any decisions related to false Emiratisation or fraud
for the purpose of gaining publicity or obtaining government incentives and support
programs related to the employment and training of national cadres.
Violating Beneficiary: A citizen who violates one or more of the controls contained
in this resolution and related decisions by circumventing the real contractual
relationship in order to receive government support programs and incentives related
to the employment or training of national cadres .
Article (2)
Guidelines for Posting Employment Opportunities f or The Purpose of
Emiratisation
In advertising jobs for the purpose of Emiratisation, the following practices are
prohibited, regardless of the mediu m, including the Nafis platform :
1. Posting misleading vacancies that do not represent a genuine employment
opportunity or are at an unskilled professional level .
2. Advertisements of employment that indicate the Government's Emiratization
Policy and related benefits without prior approval from the Ministry.
3. Provide information on government incentives and support programs offered
to nationals in the private sector .
Article (3)
Empowering National Employees
The employer must ensure that the national employee is provided with the workplace
and tools necessary for the performance of employment duties. Moreover, a This is not an official translation minimum level of training, qualifications, and empowerment must be provided to the
national employe e.
Article (4)
Observance of Emiratis ation Regulations
1. Having national employees receive less pay than their colleagues performing
similar jobs, or workers in similar professions, is considered a violation of the
Emiratisation process.
2. The Government suppo rts national employees through a variety of programs
and employers are not permitted to reduce their wages as a result .
Article (5)
Recruiting A National Employee - Employer Obligations
Employers are required to comply with the following requirements when hiring
nationals :
1. Obtaining a work permit from the Ministry for the national employee .
2. An Employment Contract must be concluded in accordance with Ministry
regulations .
3. Payment of the ag reed wage in accordance with the wage protection system
approved by the Ministry .
4. Register the national employee in the pension and social security system upon
receipt of his work permit and ensure that his monthly contributions are made
within one month o f receiving the permit as required by law .
5. Immediately cancel the work permit of the national employee following the
termination of the employment contract .
6. Report any amendments to the employment contract that may affect the
eligib ility requirements for the "Nafi s" program .
Article (6)
Obligations of National Employee s This is not an official translation The national employee is required to comply with the obligations stipulated by the
Decree -Law regarding the regulation of labor relations and the executive regulations
referred to therein, as well as the decisions issued in implementation thereof, and the
decisions issued pertaining to Nafis program, upon joining a private sector
establishment , in addition to all the obligations set f orth in his employment contract.
The national employee i s also required to inform the Ministry of any practices that
violate the provisions of this decision and the preceding decisions.
Article (7)
Fines and Penalties
In the event that any of the provisions of this resolution are violated, establishments
and beneficiaries will be subject to all necessary procedures, measures, fines,
penalties, and sanctions as prescribed by the Labor Relations Regulation Law, Cabinet
decisions, and other applicable legislation.
Article (8)
Publication and Commencement
This Resolution shall be published in the Official Gazette and shall come into force
from the date of its publication.
Dr. Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Signature appears
Issued on: 15-12 2022
|
This is not an official translation Cabinet Resolution No. 95 of 2022
Regarding Penalties and Violations Relating To the Emirati Cadres
Competitiveness Council Initiatives and Programs
Council of Ministers:
Having perused the Constitution
Federal Law No.(1) of 1972 on the competencies of the Ministries and Powers of
the Ministers and amendments thereof,
Federal Law No. 14 of 2016 Concerning Violations and Administrative Penalties in
the Federal Government
Federal Decree -Law No. 26 of 2016 Concerning Public Finance
Federal Decree -Law No. 27 of 2021 regarding the establishment and organization
of the Emirati Cadres Competitiveness Council
Federal Decree -Law No. (33) of 2021 concerning Regulation of Labor Relations
and amendments thereof
Cabinet Resolution No. (21) of 2020 concerning Service Fees & Fines in the
Ministry of Human Resources and amendments thereof
In accordance with the proposal of His Highness the Chairman of the Emirati
Cadres Competitiveness Council, approved by the Council of Ministers .
Resolved :
Article 1
Definitions
For the purposes of implementing the provisions of this Resolution , the following
terms and expressions shall have the meanings opposite thereto unless the context
requires otherwise :
State : United Arab Emirates
Council : Emirati Cadres Co mpetitiveness Council
Chairman : Chairman of the Board of Directors This is not an official translation
Secretary General : Secretary General of the Council
Ministry : Ministry of Human Resources and Emiratisation
Establishment : Any technical, industrial, commercial, or other
econ omic unit approved by the state, employing a
considerable number of workers, involved in the
production, marketing, or provision of goods or
services, licensed by the competent authorities, and
subject to the provisions of Federal Decree -Law No. 33
of 2021 concerning Regulation of Labor Relations and
its amendments .
Beneficiary : A citizen who benefits from the support of the Council
Article 2
Violations and Administrative Penalties
Without prejudice to any other severe penalties or procedures that may be prescribed
by applicable legislation , the Ministry and the Council have the right to impose the
administrative penalties on anyone who commits any of the violations outlined in the
below schedule:
Sr. Description of the
violation Fines imposed on
estab lishment s by MOHRE
Penalties
imposed by the
Council on
Beneficiaries
1 In the event that the
establishment falsifies the
Emiratization percentage
of "Nafis" initiatives and
programs Administrative fine of not
less than (20,000) twenty
thousand dirhams and not
more than (100,000) one
hundred thousand dirhams
per employee. Terminating the
support and
refunding all
amounts spent
2 Providing inaccurate
information or documents
in order to obtain benefits
related to "Nafis", or to Administrative fine of not
less than (20,000) twenty
thousand dirhams and not
more than (100,000) one Terminating the
support and
refunding all
amounts spent This is not an official translation evade or circumvent the
Emiratisation process hundred thousand dirhams
per case.
3 Having invalid documents
or failing t o renew the
required documents
within the stipulated time
frame Administrative fine of
(2,000) two thousand
dirhams per month up to
(5,000) five thousand
dirhams During the period
of invalidity, the
benefits will be
suspended and
will be resumed
upon revalidation
4 Upon failure to comply
with the procedures
prescribed by Decree -Law
No. 33 of 2021, its
executive regulations, and
the implementing
decisions, in the following
cases:
The beneficiary
does not join the
work after the work
permit has been
issued and the
establishment has
received the
Council’s support
If the beneficiary
ceases to be regular
at work with the
establishment
following the initial
employment .
If the establishment
fails to inform the
Council if the
beneficiary stops
reporting to work. Terminating the
support and
refunding all
amounts spent
5 If the establishment
terminates the
beneficiary's employment Administrative fine of not
less than (20,000) twenty
thousand dirhams and not Terminating the
support and This is not an official translation and reassigns him/her
again in order to receive
support from the Council more than (100,000) one
hundred thousand dirhams
per case. refunding all
amounts spent
6 Establishments failing to
report any changes to the
terms of benefit to the
Council for reasons the
Council deems
unacceptable.
Administrative fine of
(20,000) twenty thousand
dirhams per case. Terminating the
support and
refunding all
amounts spent
after modification
of the terms of
benefit
7 If the beneficiary fails to
comply with the approved
training or study program
and if he/she is absent for
more than ten continuous
days or twenty (20)
intermittent days during
the training period. - Terminating the
support, refunding
all amounts spent,
in addition to one -
year ban from the
program
8 Beneficiaries failing to
attend training or study
programs for reasons the
Council deems
unacceptable.
- Terminating the
support, refunding
all amounts spent,
in addition to one -
year ban from the
program
9 In the case that the
establishment fails to
appoint the beneficiary
after the end of the
supported training pe riod
under the “Nafis” initiative
(Financial assistance
during the training period)
for reasons the Council
deems unacceptable. Amounts paid to
the establishment
during the period
of support shall be
recovered by the
Council
Article (3)
Grievances This is not an official translation
1. Interested parties may appeal any administrative penalty imposed by the
Council in accordance with Article (2) herein within (15) fifteen days of
notification of the decision appealed. Grievances must be justified and
accompanied by all supporting documentation in accordance with Council
procedures.
2. Following receipt of the grievance, the grievance shall be investigated and
resolved according to the procedures in force at the Council within (10) ten
days of its receipt .
3. Furthermore, a grievance can be filed against the fines imposed by the Ministry
in accordance with Article (4) of Cabinet Resolution No. (21) of 2020.
Article (4)
General Provisions
1. For the purpose of complying with the stipulated administrative fines u nder
this Resolution , a part of a day is considered a full day, likewise, a part of a
month is considered a full month.
2. Upon committing more than one violation, multiple penalties may be imposed.
3. As outlined in Article (2) of this Resolution , any establishment found to have
committed any of the violations referred to therein may be banned by the
Council.
4. Recurrent violations may result in the Council depriving the applicant of
support .
5. The fines prescribed in this Resolution shall be collecte d by the Ministry in
accordance with the means determined by the Ministry of Finance and credited
to a unified public treasury account of the Federal Government.
6. In addition to the penalties specified in this Resolution , other administrative
fines shall be collected according to the methods determined by the Council.
7. It is not limited to the imposition of fines and penalties stipulated in this
Resolution . The Public Prosecution may take legal action against either or both
of the establishments and beneficia ries for legal action.
8. Chairman of the Council shall make decisions, determine the necessary
procedures for implementing this resolution, and set the policie s for
implementing the administrative penalties outlined in this Resolution .
This is not an official translation Article (6)
Publicati on and Commencement Date
This Resolution shall be published in the Official Gazette and shall be effective on the
following day of its publication.
The original was signed by His Highness Sheikh
Mohammed bin Rashid Al Maktoum
Prime Minister of the United Arab Emirates
Issued by us on:
18th of Rabi' al -Awal 1444 A.H
Corresponding to: 14th of October 2022 A.D
|
Ministe rial Decree No. 519 of 2018 on:
Regulation s and Conditions of Training and Employment of Students
Minister of Human Resources and Emiratisation:
- Upon review of Federal Law No.1 of 1972 concerning the Mandates of Ministries and Powers of
Ministers, and the amending laws thereof,
- Federal Law No.8 of 1980 on Regulation of Labor Relations, and the amending laws thereof
- Federal Decree No.48 of 2004 on the ratification of Arab Labor Convention No.18 for 1996
concerning the employment of minors ,
- Cabinet Decree No.25 of 2010 on Domestic Work Permits
- Cabinet Decree No.15 for 2017 concerning service fees and administrative fines at the Ministry of
Human Resources and Emiratisation
- Ministerial Decree No.5/1 for 1981 on defining jobs that are considered hazardous, exhausting or
detrimental to health , where minors are prohibited to work,
- Ministerial Decree No.188 of 2010 concerning Regulation s and Conditions for issuing Domestic Work
permits,
- Ministerial Decree No.1189 of 2010 on Regulations and Conditions for Issuing Work Permits to
Minors, and its amendments,
- Ministerial Decree No. 713 of 2016 on the Employment and Training of Students ,
- And based on what was presented by the Ministry’s Undersecretary for Human Resources Affairs,
It is decided:
Article (1)
Any establishment is permitted to train students aged 15 years and above , on condition of a written
contract as per the form attached with this decree .
The contract shall include the training areas , length of the training period , weekly and other holidays,
the value of the bonus (if any) , and any privileges granted to the t rainee, in accordance with the s ystem
adopted by the establishment .
Article (2)
Any establishment is permitted to recruit students aged 15 years and above during their academic year
holidays , for a period that does not exceed three consecutive months each time , except upon a decision issued by the Minister or whoever the Minister delegates . In all cases, a written contract is required as
per the form attached with this decree.
The contract shall clarify the nature of work , its duration, the student’s wage , weekly holiday and the
number of daily working hours.
Article (3)
Students shall not be trained or employed except after insuring the following documents and
conditions are met:
1. A written consent from the student’s parent or legal guardian .
2. Emirat es Identity Card ( EID).
3. Proof of student status .
4. A valid UAE R esidence Visa for expatriate students .
5. A physical fitness certificate issued and endorsed by a competent medical doctor. However, i n
case of training , a written letter from the student’s parent or legal guardian will suffice as a
substitute for this certificate .
6. In case of training, a No-Objection certificate /letter from the educational institute in which the
student is enrolled .
7. Student s are not allowed to get trained or work at an establishment that’s be suspended.
Article (4)
Considering the terms and conditions stipulated in articles (1), (2) and (3) of this decree , the
establishment , in which the juvenile student (aged 15 to 18 years) is being trained or employed during
academic year holidays, is obliged to abide by the followin g:
1- Estab lishments s hall not train or employ juvenile students in any of the prohibited jobs stated in
the table attached with the decree
2- Juvenile students shall not work at night in industrial projects. The term "night" mean s a period
of 12 consecutive hours at least including the period from 8pm until 6am .
3- The maximum number of actual working hours for juvenile stude nts shall be six hours per day.
During working hours, they are entitled to one or more breaks for rest, meals or prayers;
provided that the total breaks shall not be less than one hour . Such breaks should be scheduled
in a way that only allows for a maxim um of four consecutive working hours .
Orientations and/or trainings given to the juvenile student during his period of work shall be
calculated within his/her working hours. In all cases, the juvenile student should not be kept at
the workplace for more than seven hours continuously .
4- Juvenile students shall not be assigned to work ov ertime or stay at workplace after the
prescribed working hours under any circumstances ; neither shall be asked to work on holidays.
5- Juvenile students sh all be trained on how to apply occupation al health and safety measures.
They should be monitored while applying these measures, and ensure their proper use. They shall be provided with a proper work or training environment provided to all wor kers, but with
consideration to the juvenile’s conditions.
6- Establishments s hall notify the juvenile student’s guardian or custodian in case of the student’s
sickness , absence , or any conduct that requires guardian or custodian’s knowledge during
working or training hours.
Article (5)
The establishment shall give the student an experience certificate at the end of training or employment,
which shall note his/her responsibilities during the set period, and an appraisal of his/her performance.
Article (6)
The ministry may decide to give some privileges to establishments that make outstanding achievements
in training and employing Emirati students.
Article (7)
The trained or employed student, is not entitled to end -of-service gratuity and any other leaves , except
as stipulated in the contract.
Article (8)
1- Any provisions stated in other ministerial decree s that contradict the provisions of this decree ,
shall be annulled.
2- Concerned departments and authorities shall be notified about this degree . It shall be
implement ed as of its date of issu ance .
3- The Undersecretary for Human Resources Affairs at the Ministry shall issue t he necessary
administrative decisions needed to implement this decree .
Nasser Thani Al Hamli
Minister of Human Resources and Emiratisation
Issued on July 23, 2018
Attachment: The table of prohibited jobs for those under the age of 18 years .
Appendix to Ministerial Decree No. 519 of 2018
Minors are prohibited from performing the following jobs:
1 Working underground in mines, quarries, and all works related to extraction and excavation
of metals and stones.
2 Working at furnaces prepared for incinerating, refining, or maturing metal.
3 Oil refinery plants
4 Working in front of ovens at bakeries
5 Cement factories
6 Ice and Cooling factories
7 Processing / manufacturing of mirrors by using mercury
8 Manufacturing of fireworks, explosives and all related works
9 Melting and maturing of glass
10 Welding with oxygen, acetylene and electricity
11 Painting using Duco
12 Treatment, preparation and reduction of ash containing lead and extracting silver from lead.
13 Manufacturing of Zinc and metal compounds containing more than 10% of lead
14 Manuf acturing lead monoxide (golden spirit) or yellow lead oxide, lead dioxide
(sulfonamides), lead carbonates, orange lead oxide, and lead sulfate, chromate, and silicates
15 Mixing and making paste in the manufactur ing or repair of electric batteries
16 Cleaning workshops where works mentioned in items (12, 13, 14 and 15) are performed
17 Managing or monitoring driving machines, or their repair or cleaning during operation
18 Asphalt manufacturing
19 Oils production using mechanical methods
20 Manufacturing fertilizers, mineral acids coefficients, chemical crops or working at their
warehouses
21 Working at tanneries
22 Skinning, cutting and scalding animals, melting their fats
23 Manufacturing rubber
24 Working in filling cylinders with pressurized gases
25 Loading and unloading cargo at basins, berths, ports and warehouses
26 Transporting passengers by land or internal waters
27 Manufacturing coal from animal bones, with the exception of sifting bones before burning
28 Bleaching, dyeing, and printing textiles
29 Working as waiters at nightclubs
30 Working in bars
31 Lifting, pulling, or pushing heavy loads if their weight exceeds what is shown in the table
attached to this decree
Age Permitted Weights Weights pushed on
bars Weights pulled on
two wheels Weights pulled on
one wheel
15-17 years Males Females Males Females Males Females Males Females
Weights by Kg 15 10 300 150 Juveniles are
prohibited from
performing this type
of work Juveniles are
prohibited from
performing this type
of work
|
This is not an official Translation MINISTERIAL RESOLUTION NO.(27) OF 2023
REGARDING THE EXTENSION OF THE DEADLINE FOR THE CONVERSION OF
EMPLOYMENT CONTRACTS
Minister of Human Resources & Emiratisation
Having perused:
- Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries and
powers of the Ministers and amendments thereof
- Federal Decree -Law No. (33) of 2021 concerning Regulation of Labor
Relations, its Executive Regulations and amendments thereof
- In pursuance of public interest
Resolved the following :
Article 1
Pursuant to the provision of Article (68) of Federal Decree -Law No.(33) of 2021
referred to above; we have extended the deadline for employers to rectify their
current status regarding the conversion of their employees' employment
contracts from unlimited to limit ed employment contracts until December 31,
2023.
Article 2
This Resolution shall be published in the Official Gazette and shall be effective
from the date of issuance.
Dr. Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Signature appears
Issued by us on: 25-01-2023
|
This is not an official translation MINISTERIAL RESOLUTION NO.318 OF 2022
CONCERNING BANK GUARANTEES AND EMPLOYEE S PROTECTION INSURANCE
SCHEME
The Minister of Human Resources & Emiratisation
Having perused:
Federal Law No.(1) of 1972 on the competencies of the Ministries and Powers of
the Ministers and amendments thereof,
Federal Decree -Law No. (33) of 2021 concerning Regulation of Labor Relations
and its Executive Regulations
Cabinet Resolution No. (21) of 2020 regarding Service Fees & Fines in the
Ministry of Human Resources and Emiratisation
Cabinet Resolution No. (18) of 2022 concerning the Classification Of Private
Sector Establishments and the amendment of the service fees of the Ministry of
Human Resources and Emiratisation,
Cabinet Resolution No. (37) of 2022 amending some p rovisions of Cabinet
Resolution No. (21) of 2020 concerning Service Fees & Fines in the Ministry of
Human Resources
Cabinet Resolution No. (45) of 2022 concerning the formation of the Grievance
Committee against decisions issued by the Ministry of Human Re sources and
Emiratisation
Ministerial Resolution No. (47) of 2022 concerning the Regulation Of Labor
Disputes And Complaints procedures and amendments thereof,
Has Resolved:
Article (1)
Pursuant to Article (8) of the aforementioned Cabinet Resolution No.(18) of 2022 ,
establishments are required to provide either an insurance policy or a bank
guarantee of not less than Dhs. 3000 for each employee , according to the following:
a. First option : Workers shall be insured in accordance with the guide
issued by the Undersecretary for Human Resources Affairs in this regard. This is not an official translation b. Second option : A Bank guarantee paid through any of the banks operating in
the country, provided that the guarantee is valid for one year, automatically
renewed, and paid at the Ministry's dem and, without any other restrictions.
Article (2)
Without prejudice to Article No.(7) of Cabinet Resolution No.(46) of 2022 referred
to, and Article No.(12) of Ministerial Resolution No. (47) of 2022 referred to, in
respect of the provided options in the preceding article, the Ministry may utilise the
insurance coverage, liquidate the bank guarantee, or deduct any amounts therefrom,
in the following instances:
a) Expenses for repatriation of an employee to his place of origin or any other place
agree d upon by the employee and the employer.
b) Amounts acknowledged by employer or his representative before the Ministry as
entitlements of the employee.
c) By virtue of a court judgment, to deliver the employee 's entitlements .
d) Pursuant to a claim raised by the concerned authorities in the country, to
reimburse expenses incurred for repatriation of an employee to his place of
origin or any other place agreed upon by the employee and the employer in case
of employees covered by the bank guarantee. Employees covered by insurance
coverage are subject to the prov isions of their insurance policies.
e) In all cases, it is the employer's responsibility to reimburse the sums paid or
complete the sum of the bank guarantee.
Article (3)
a) In the event of choosing the second option from Article (1) hereinabove , the
employer may submit a request to reclaim the employee ’s bank guarantee or the
remainder therefrom, in the following cases :
1. Cancellation of the employee's work permit and evidence of his departure from
the country.
2. In the event of the employee ’s death and evidence of the body's repatriation or
burial in the country is submitted.
3. If the employee transfers to a new employer. This is not an official translation 4. Any other cases in which the employer provides a proof of c ancellation of the
employee’s work permit and payment of entitlements due to the employee.
b) The Ministry has the right to refuse to reimburse the bank guarantee to the
employer in the following cases:
1. If the employer is a party to a collective labo ur dispu te, until the employee’s
entitlements are settled.
2. If evidence of due fines against the establishment is proven, or in the event that
work permits have been suspended.
Article (4)
The Undersecretary for Human Resources Affairs at the Ministry shall issue a guide
to the procedures, process and forms necessary to implement this resolution.
Article (5)
This Resolution shall be published in the Official Gazette and shall come into force
from the date of its issuance.
Dr. Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Issued by us on: 27/07/2022
|
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document CABINET RESOLUTION NO. (25) OF 2023 ON ESTABLISHMENT OF PROCEDURES FOR
COLLECTING ADMINISTRATIVE FINES PAYABLE TO MINISTRY OF HUMAN RESOURCES AND
EMIRATISATION THROUGH THIRD PARTIES
The Council of Ministers
▪ Having perused the Constitution
▪ Federal Law No. (1) of 1972, concerning jurisdictions of the Ministries and powers of
the Ministers as amended
▪ Federal Law No. (14) of 2016 Concerning Violations and Administrative Penalties in the
Federal Government
▪ Federal Decree -Law No. (15) of 2018 on the Collection of Public Funds and Revenues .
▪ Federal Decree -Law No. (26) of 2016 Concerning Public Finance
▪ Cabinet Resolution No. (21) of 2020 concerning Service Fees & Fines in the Ministry of
Human Resources as amended
▪ Upon the recommendation of the Minister of Finance and approval of the Council of
Ministers
Resolved :
Article (1)
Definitions
For the purposes of implementing this Resolution , the following terms and expressions
shall have the meanings opposite thereto unless the context requires otherwise :
State : United Arab Emirates
Ministry : Ministry of Human Resources and Emiratisation
Minister : Minister of Human Resources and Emiratisation
Third Party : Debt collection companies in the state
Article (2)
Collection procedures
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document Administrative fi nes payable to the Ministry shall be collected as follows:
Sr . Time frame Procedure
1 From the date of imposing
the administrative fine on
the establishment and for
two months thereafter An administrative fine notice is sent describing the
reasons, the amount of the fine, and the grace
period for payment.
The business is provided with electronic
notifications to ensure its commitment to pay the
fine prior to the end of the grace period for payment
2 Two months after the
payment deadline has
expired The issuance of new work permits for the
establishment will be suspended
The Ministry will continue to send electronic
notifications regarding the delay in the payment of
the fine, and will encourage payment through the
Ministry's electronic channels in order to avoid the
liquidation of the excess bank guarantee.
3 Six months after the payment
deadline has expired Excess bank guarantees will be liquidated (if any)
and the fine amount will be settled, in whole or in
part
Continuing to send electronic notifications
regarding late payment of fines, the Ministry will
encourage payment through the Ministry's
electronic channels to avoid disrupting all services
of individual establishments or establishments
owned exclusively by the proprietor of the violating
establishment, taking into consideration the unity of
partners.
4 Eighteen months after the
payment deadline has
expired The issuance of new work permits for the individual
establishments or establishments owned exclusively
by the proprietor of the violating establishment will
be suspended
A sum equal to the EIBOR interest rate in force in the
state shall be added to the value of the unpaid fine
within one year. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document Continuing to send electronic notifications
regarding late payment of fines, the Ministry will
encourage payment through the Ministry's
electronic channels .
5 Twenty -four months after
the payment deadline has
expired Redirecting the debt file associated with
administrative fines to a third party for the purpose
of collecting the due fines according to the
procedure issued by the Minister in coordination
with the Ministry of Finance.
Article (3) *
Exceptions to and suspensions of collection procedures
1. Depending on the circumstances, the Minister may exempt some
establishments from certain procedures for the collection of fines outlined in
Article No. ( 2) herein , pursuant to a decision issued in this regard, which
specifies the requirements, conditions and controls for exemptions, in
coordination with the Minister of Finance .
2. In the event of a lawsuit filed before a court regarding the imposed fine, the
Minister or his delegate may suspend the procedures for collecting
administrative fines, pending the outcome of the lawsuit.
Article (4)
Third Party Fees
Upon the recommendation of the Minister of Finance and after consultation with the
Minister, the Council of Ministers shall issue a decision determining the percentage of the
third -party fees that will be deducted from the proceeds of administrative fines payable, as
specified in this decision.
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document Article (5)
General Provisions
1. Administrative fines referred to in this decision shall be collected by the means
determined by the Ministry of Finance.
2. Upon collection of administrative fines, the third party shall deposit these amounts
in the State Treasury's unified account.
Article ( 6)
Executive Decisions
The Minister shall issue the regulations necessary for the execution of the provisions of
this resolution.
Article (7)
Publication and Implementation of the Resolution
This Resolution shall be published in the Official Gazette and will become effective thirty
days after publication.
Mohammed bin Rashid Al Maktoum
Prime Minister of the United Arab Emirates
……………………………………………
Issued by us on:
06th of Ramadan 1444 A.H
Corresponding to: 27th of March 2023 A.D
* This article was a mended by Cabinet Resolution No. (47) of 2024 |
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document MINISTERIAL RESOLUTION NO. (318) OF 2024 ON THE PROCEDURE FOR
ADDRESSING ESTABLISHMENTS WITH REGISTERED EMPLOYEES THAT ARE NOT
CONDUCTING THEIR LICENSED ACTIVITIES
Minister of Human Resources and Emiratisation:
Having considered:
• Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers of
the Ministers as amended
• Federal Decree -Law No. (33) of 2021 concerning Regulation of Labor Relations as
amended, and its executive regulations
• Cabinet Resolution No. (21) of 2020 concerning Service fees and administrative
fines of the Ministry of Human Resources and Emiratisation, as amended
• Cabinet Resolution No. (95) of 2022 on the violations and administrative penalties
relating to initiatives and programs of the Emirati Cadres Competitiveness Council
• Ministerial Resolution No. (45) of 2022 concerning the establishment of a
Grievance Committee to examine decisions issued by the Ministry of Human
Resources and Emiratisation
• Ministerial Resolution No. (48) of 2022 on Labor Inspection Procedures
• Ministerial Resolution No. (543) of 2022 regarding the administrative suspension
of establishments
• Ministerial Resolution No . (296) of 2023 establishing the criteria for imposing
administrative penalties conforming to Cabinet Resolution No . (95) of 2022 on the
violations and administrative penalties relating to initiatives and programs of the
Emirati Cadres Competitiveness Council
• In furtherance of labor administration interests
Resolved :
Article (1)
If the inspection processes and procedures of the Ministry provide evidence that an
establishment fails to perform its licensed functions, but employs a number of This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document employees without a legitimate employment relationship, such establishments will
be subject to the provisions of this resolution.
Article ( 2)
Business entities listed in Article (1) above, and their owners , will be subject to the
following administrative sanctions until restrictions are observed and employees'
conditions are resolved :
1. Suspension of all work permits issued to the establishment
2. Administrative fines will be imposed as set forth in Cabinet Resolution No. 21
of 2020, and the establishment will be reclassified as a category three
establishment.
3. Immediately suspending all Ministry services to the violating establishment,
except for the cancellation of a work permit or filing an absconding report, if
the absence is proven in accordance with the Ministry's policies.
4. The suspension of all sole proprietorships and businesses owned exclusively
by the owner of the violating business, while taking into account the unity of
the partners , except for the cancellation of a work permit or filing an
absconding report .
5. Inhibiting non -compliant owners from registering a new establishment in the
Ministry's database .
6. The prescribed procedures in cases of fictitious Emiratisation will be applied
if citizens are registered in these establishments.
7. Enforcing administrative and penal sanctions against these establishments in
compliance with the provisions of the Federal Decree Law No. 33 of 2021, its
executive regulations, and its implementation decisions.
Article ( 3)
An administrative decision shall be issued by the Undersecretary for Human
Resources Affairs to enact the sanctions mentioned in Article (2) above against any
establishment failing to actually engage in the licensed activity as defined in Article
(1) of this Resolution . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies
between it and the original document
Article ( 4)
A report on the violating establishments and the actions taken by the Ministry
against them will be provided to all relevant authorities, including the Ministry of
Economy , the Federal Authority for Identity and Citizenship, Customs and Ports
Security, the Departments of Economic Development, Municipalities, Chambers of
Commerce and Industry in the relevant emirate in order for these entities to pursue
legal action against the owners and establishments in accordance with their policies
and practices.
Article ( 5)
This Resolution shall be published in the Official Gazette and shall come into force
from the date of its publication.
Dr. Abdul Rahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Signature appears
Issued by us on: 15 -May 2024
|
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document ADMINISTRATIVE DECISION NO. (19) OF 2023 RELATING TO OCCUPATIONAL
SAFETY AND HEALTH & LABOUR ACCOMMODATIONS
Undersecretary for Human Resources Affairs:
Having considered:
• Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers
of the Ministers and amendments thereof
• Federal Decree -Law No. (33) of 2021 concerning Regulation of Labour
Relations, as amended and its Executive Regulations
• Cabinet Resolution No. (13) of 2009 establishing the Guidelines for Collective
Labour Housing and Anc illary Services
• Cabinet Resolution No. (25) of 2016 and Ministerial Resolution No. (33) of
2022 regarding the organizational structure of the Ministry of Human
Resources and Emiratisation , as amended
• Ministerial Resolution No. (212) of 2014 concerning the adoption of a general
standard guide for collective Labour housing for less than 500 wor kers
• Ministerial Resolution No. )44 (of 2022 concerning Occupational Health and
Safety and Labour accommodation .
• Ministerial Resolution No . (28) of 2022 concerning Occupational Safety and
Health and Labour housing .
• In pursuance of public interest
Resolved the following:
Article (1)
Definitions
Occupational Safety and Health (OSH): Refers to a set of procedures, rules, and
regulations within a statutory framework which conform to specific technical
standards. Adapting to these standards will enable organizations to reduce their This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document risks and liabilities, protect their employees from hazards and occupational diseases,
and preserve their properties.
Occupational Environment: The enclosed place of work where workers perform
their functions, including offices, showrooms, shops, etc.
Labour Housing : The place provided by employers to their workers for the purpose
of housing that complies with all the requirements laid down by the legal system
pertaining to occupational health and safety in Labour housing.
Inspections of Occupational Safety and Health and Labour Housing : Inspection
conducted to ensure adherence to Labour relations legislation, regulatory
ministerial decrees, as well as guidelines for Occupational Safety and Health and
Labour Housing.
Occupational Safety and Health Officers : Qualified and competent individuals
assigne d by establishments for the purpose of monitoring and controlling workplace
risks and hazards, developing OSH action plans and policies, investigating incidents,
and monitoring business activities and procedures in order to minimize risks and
improve workp lace safety.
Article (2)
Employer s’ obligations with respect to Occupational Safety and Health
Employers are required to develop a health and safety program appropriate to the
size of their establishment, the nature of their activities, and the number of
employees, providing that the plan includes the following:
1. The OSH policy of the organization and its objectives
2. Employers and employees' responsibilities and obligations This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 3. An overview of OSH officials within the establishment, including their roles,
responsibilities, and contact information.
4. Identifying risks related to the establishment's activities and taking
preventative and controlling measures.
5. Defining all procedures, preventative measures, and emergency and fire -
fighting procedures.
6. Designing a ppropriate OSH training programs based on the nature of the
establishment's activities.
7. Ensure that OSH specifications are followed when purchasing, renting, or
leasing equipment, tools, or machines.
8. Establish the requirements for contracting with and moni toring long -term
vendors and contractors (such as security services providers ) in order to
ensure compliance with OSH regulations.
9. Inspection of equipment and machinery on a regular basis .
10. Ensure that employees undergo regular medical examinations .
11. Actions and measures that must be taken by employees in the event of an
imminent threat.
12. Investigate incidents and recommend appropriate corrective and preventive
measures.
13. Establish channels for employees to provide comments and suggestions
regarding occupational safety and health .
14. Involve employees in the process of making decisions related to occupational
health and safety .
15. Identify and display the penalties for violations of OSH .
Article (3)
Record Keeping and Filing Systems of The Employer This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document The employer is required to prepare and maintain a record of OSH and any related
activities. This record should be available for inspection upon request. The records
should include, but are not limited to:
1. A description of the risks associated with the establi shment's activities, as well
as the preventative and controlling measures employed .
2. The periodic inspection of workplaces and the results of measurements
3. Safety certificates, permits, and licenses .
4. Tests related to occupational health and safety, such as f irefighting drills.
5. OSH training for employees, the number of employees participating in
training programs, and the resources available for training.
6. Periodic physical and medical examinations for employees .
7. Injuries, incidents, and occupational diseases a t work
8. Developing continual improvement plans based on investigations
9. Individual and group meeting minutes related to occupational health and
safety.
Article (4)
Working Conditions and Employer Obligations
1. Employer's list of penalties must include the penalties imposed on each
employee who violates the provisions stipulated in this decision, after
informing his employees about the risks associated with the occupation,
including fires, machinery, falls, occupational diseases, etc., prior to the
commencem ent of employment. In order for a penalty to be imposed,
workers must be trained in how to protect themselves against such hazards.
2. Employers are required to meet the following requirements :
a. Indoor Workplace: This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Employers are responsible for providing an internal work environment
appropriate to the size, nature, and number of employees at their establishment,
considering the following factors:
1) Providing appropriate workspaces that facilitate freedom of movement
within the workplace, including movement of the chair and body in
accordance with the standards established by the competent local
authorities.
2) Workstations should be sufficiently large to accommodate the monitor,
keyboard, and other tools
3) Make sure the nece ssary precautions are in place for handling computer
screens
4) It is necessary to have easy access to work tools and materials, depending on
their importance and frequency of use
5) The size of equipment and tools should be appropriate to the nature of the
work being performed by the worker
6) Safety checks should be performed on electrical outlets and connections
7) Ensure there are lockable cabinets that can be used for storing materials at
work or in the office
8) Provide a sufficient number of seats in accordance with the number of
employees, in accordance with generally accepted practices
9) Air conditioning must be provided to maintain a suitable climate in order to
maintain acceptable levels of indoor air quality
10) Schedule rest periods according to the nature and a ctivity of the facility,
provided that the period of continuous work does not exceed five continuous
hours.
b. Occupational Risks in the Workplace
1. It is mandatory that all workplace premises, tools, equipment, machines, and
other means meet the specifications and technical requirements issued by
the competent authority. Moreover, i t is imperative that the size of the
premises is proportional to the size of the operations that take place there. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 2. It is essential that the locations of the various facilities, entrances, exits, and
emergency exits be clearly marked and there should be a sufficient number
of these facilities to accommoda te the number of employees.
3. Ensure that the workplace flooring is flat and even, without any holes or
obstructions which may cause tripping or falling. In addition to being suitable
for the type of work being performed, the flooring should be easy to clean
and drain, and it should not absorb liquids such as grease or water.
4. A workplace may not be used as a temporary storage area for raw materials,
manufactured products, equipment, or waste .
5. There must be sufficient space around and between the machinery in order
to allow workers to move freely and to perform their duties without being
hindered, as well as to facilitate the repair of machinery and the relocation of
materials.
6. Take the appropriate precautions to ensure that workers are protected
against fallin g, falling objects, flying shards, sharp objects, caustic, hot,
flammable or explosive materials or other potentially hazardous substances.
In addition, workers must be protected from the dangers associated with
compressed gases and electricity.
7. Drain and backfill swamps and standing water near the workplace or its
facilities immediately.
c. Lighting
1. Maintain adequate lighting in the workplace, including outlets, skylights, and
other openings for natural light. Light sources should provide adequate
illumination intensities in confined spaces without dazzling or glaring.
2. Provide adequate lighting for precision operations in accordance with Table
(1) attached hereto.
3. Ensure that an emergency lighting system is available in the event that the
primary li ghting system fails for any reason. The emergency system indicates
the locations of fire extinguishers and fire alarms, as well as exits and
emergency exits.
d. Ventilation This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. Ensure that fresh air is available at all times, avoid bad air currents, and
sudden c hanges in temperature, as well as eliminating humidity or excessive
heat.
2. Providing sufficient windows of a sufficient size and design to ensure
adequate ventilation and ease of cleaning .
e. Noise
1. Maintain scientifically acceptable levels of noise and vibration that are not
hazardous to the health of workers .
f. Heat
1. Control high temperatures at the source of heat using technical means.
2. Place high -temperature processes in isolated locations .
g. Stairs and Ladders
1. An anti -slip surface must be used on all stairs, ramps, elevated walkways, and
platforms, and any tripping hazards must be eliminated .
2. All openings of ground level stairs, except for the entrance to the staircase,
must be securely fenced. To prevent workers or objects from falling to a lower
level, rigid bars must be placed at a narrow distance between the entrance
and the staircase. In addition, adequate measures must be taken to prevent
materials from falling into accessible areas.
3. Steps on the staircase must be solid and wide enough for safe pa ssage, and
side-rails must be installed on both sides, unless one side is adjacent to a wall.
4. Mobile ladders must be sturdy, have appropriate steps, and be equipped with
supportive bases and heads. Ladders made of wood should not be painted
with any type o f paint.
5. The use of ladders that have loose, broken, or missing rungs, split side rails,
or any other hazardous defect is prohibited .
6. The ladder may not be used if the landing place or work point is more than
ten meters above ground level, unless landing s tations have been established.
h. Fires This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. It is mandatory that all fire prevention, fire detection, and alarm systems,
including monitoring devices, electrical fittings, and firefighting systems,
adhere to the requirements of the Civil Defense Department. All
requirements of the Civil Defense Depa rtment must be met at all times,
including the submission of compliance certificates .
i. Equipment
1. Protective barriers must be installed around exposed mobile parts of
generators and motors, as well as around dangerous machinery, whether
mobile or immobile. However, such parts are designed in a manner that
meets the necessary safety standards.
2. During the operation of the machine, employers may not permit anyone to
remove or install any barrier or any other part of the protective equipment,
and the machine may not be operated until the protective equipment has
been reinstalled.
j. Steam Boilers and Pressure Vessels
1. Boilers must be equipped with pressure relief valves, shut -off valves, and
water level gauges. It is imperative that all components are well maintained
and in good working order.
2. Boilers must be housed in separate room s and must be kept at least three
meters away from any building . Additionally, boilers must be equipped with
adequate lighting .
3. The boiler must be monitored by a trained and qualified individual. Authorized
personnel will have access to a suitable monitoring area inside or outside the
boiler room.
4. It is recommended that the boiler be shut down and subjected to
maintenance and cleaning every two months. Licensed personnel perfo rm
the maintenance process and ensures all safety measures are followed
5. Boilers should be tested and serviced at least once a year by qualified and
licensed personnel. After every service, a service report must be completed .
6. pressure vessels must be made o f materials resistant to chemicals and rust,
and they must undergo an annual inspection by a specialized person licensed This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document by competent authorities in order to determine their suitability for use. A
report must be prepared upon each inspection.
k. Hazardous Su bstances
1. Hazardous substances may not be stored or handled without prior approval
from the Competent Authority.
2. Keep accurate records of the use, storage, and trading of dangerous goods
at all times.
3. Make sure hazardous materials are stored safely in conta iners. Labels must
be attached to such containers displaying the name of the contents and the
proper method of use. Warning labels must also be affixed to the containers
in Arabic as well as other languages that are understood by the workers if
necessary.
4. Provide measurement devices in the workplace that are suitable for the
nature of the business, conduct periodic measurements, record the results
in a register, and compare the results on a regular basis to ensure that they
fall within the safe limits estab lished by the competent authority.
l. Cranes and Hoists
1. It is not permissible to assign workers tasks involving lifting or pulling heavy
objects or loads. Furthermore, they may not be engaged in activities that
require manual handling, such as lifting, pulling, pushing, or carrying. The risk
of injury may be increased as a result. A variety of alternatives should be
considered by employers, such as lifting and traction equipment, in order to
minimize injury risks and reduce physical exertion.
2. Operators of cranes must possess valid driving licenses issued by the relevant
authority.
3. Hoisting machines and elevators used to lift people or goods must be durable,
sturdy, and have sufficiently solid parts. In order for these machines to
function properl y, they must be maintained and examined regularly by an
authorized specialist at least once a year. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 4. It is necessary to surround elevators with high fences that prevent anyone
from jumping onto or approaching the moving parts of the elevator. During
the mov ement of the elevator, doors must be locked.
5. The maximum loading capacity of the elevator or machine must be clearly
displayed.
6. It is imperative that chains, ropes, towing wires, or similar devices are durable
and in a solid condition. They must be fully a nd continuously maintained by
an authorized specialist every six months, who shall prepare a report on the
condition of the equipment. It is important not to overload elevators.
m. Excavation Works
1. The digging of a trench or hole must always be carried out from top to bottom,
with the slope being appropriate to the soil type in the excavation.
2. For holes that extend beyond 1.5 meters in depth, the sides must be
reinforced with solid wooden beams in order to prevent backfilling.
3. An appropriate distance must be maintained between the edge of an
excavation trench and the excavated material/soil. It is strictly prohibited to
pile excavated material next to trenches.
4. Excavation workers must have safe means of entering and exiting the
excavation area. The edges of t he trench should be marked with warning signs
in order to prevent falling risks.
n. Demolition Works
1. In order to facilitate the demolition process, the upper levels should be
destroyed first. If any adjacent structures are compromised by the demolition,
an en gineer should be present throughout the process. Moreover, the
engineer should specify the extent and method of support for these
structures.
2. Demolition rubble may not be thrown from above. In the alternative, crane
machines or inclined culverts surrounded by fences must be used to remove
the rubble, with the area where the rubble is collected also being fenced.
o. Construction Works This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. The erection and dismantling of scaffolds must be performed by licensed and
qualified individuals. It is the responsibility of the concerned specialist to
inspect the scaffold at least once a week for any damage or deterioration, and
to prepare a report accordingly.
2. Platforms and scaffolds should be sufficiently wide to provide adequate footing
for workers withou t posing a fall hazard.
3. It is mandatory to install guardrails on scaffolds and platforms eight meters
above the ground, and workers must wear safety harnesses in order to reduce
the risk of falling. Scaffolds must be securely guarded or attached to buildin gs
or structures.
4. Whenever climbing is necessary on the roofs of the work area, the roofs must
be barricaded or effectively enclosed by a fence.
5. To prevent the fall of materials or individuals, skylights and openings should be
barricaded or covered with ad equate protective canopies or nets.
6. In order to prevent materials from falling into areas that are accessible to
workers, adequate catch platforms or nets should be provided .
7. A sufficient number of lights must be provided in work areas, passages,
dangerous openings, as well as loading and unloading areas.
p. Workplace Facilities
1. Dining Areas:
- Establish a designated dining area that is suitable for eating, with adequate
lighting and ventilation. Fine mesh wire must be installed in the windows of
the dining areas.
- Maintain a proper level of cleanliness in the dining areas .
- Make sure that the dining areas are equipped with an adequate number of
washing basins and cleaning materials .
- Place waste bins with tight lids in dining areas and dispose of garbage on a
timely basis .
- Establish separate dining areas for female employees . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 2. Rest rooms
- A proper lighting system and exhaust fans should be installed in restrooms
- Workers in industries requiring the handling of hazardous materials must
have designated areas to shower .
- Female employees must have access to separate restrooms .
- It is imperative that all restrooms are kept clean and maintained on a regular
basis.
3. Locker Rooms
- Locker rooms should be located near restrooms and away from sources of
pollution.
- The locker rooms must be adequately illuminated and ventilated .
- It is necessary to provide locker rooms with lockers in which work clothes and
personal clothing can be stored and changed .
- The locker rooms must be maintained in a sanitary condition and cleaned on
a regular basis.
- A separate locker room shall be provided for female employees.
4. Rest Areas
- It is imperative that rest areas are located near the workplace .
- Furnish rest areas with adequate, convenient furniture .
- The rest areas must be equipped with adeq uate lighting and air conditioning
- Cleanliness must be maintained in rest areas .
- Female workers should be allocated separate rest areas
5. Security Rooms
- Security rooms must be furnished with adequate, convenient furniture .
- Must be equipped with adequate lighting and air conditioning .
- Cleanliness must be maintained in security rooms.
q. Occupational Needs
- Provision of cold drinking water in proportion to the number of workers, in
accordance with requirements related to public health and safety . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document - Provide work environments that are conducive to the safe movement of
employees with disabilities (motor, auditory, visual) in accordance with
governing authority requirements.
Article (5)
Occupational Safety and Health Obligations of Employers
1. Employees a re entitled to receive complimentary personal protective
equipment from their employers, appropriate to the task at hand.
2. Employers must pay particular attention to the following when selecting
personal protective equipment :
- Suitable Personal Protective Equipment must be selected based on the
assignment and the duration of time that the equipment will be worn / used
- It is imperative that personal protective equipment provides maximum
protection against workplace hazards
- Apart from being comfortable, personal protective equipment should protect
workers from unnecessary or preventable hazards .
- It is prohibited to remove personal protective equipment and clothing that
are contaminated with chemical, physical or biological agents that are
harmful to human health from their usual location of use.
- Establish a system for storing, maintaining, cleaning, and sterilizing all
personal protective equipment and clothing that may be contaminated with
toxic substances.
Article (6)
Obligations of Employe rs in Relation to Health Care This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 1. To ensure a worker's fitness before being assigned to their duties, employers
must provide them with a professional medical examination. The results must
be recorded in each employee's personal file.
2. Employers must provide med ical care and medication to their registered
workers free of charge in accordance with state -approved protocols. Medical
care can be provided by contracting with health insurance companies or
partnering with hospitals. The employer is responsible for maint aining records
of the results of these examinations in the personal files of employees.
3. To ensure the fitness and ability to perform their duties, employees exposed
to occupational diseases must undergo medical examinations at least once
every six months, as determined by the Ministerial Council.
4. Workers exposed to occupational diseases should undergo a second medical
examination before the expiration of the time limit outlined in the preceding
paragraph if the circumstances so require. A worker sho uld be granted a paid
sick leave and the employer should pay for the cost of medical treatment.
Medical authorities may recommend that an unfit worker be removed from
the source of his occupational disease. In addition, it may recommend
changing the locati on and nature of employment.
5. Employees should undergo a medical examination by their employers when
they are transferred between jobs or at the end of their employment. Medical
examination results must also be retained by the employer for the duration
of the establishment's existence.
6. It is necessary for all workplaces, Labour accommodations, and all facilities to
be equipped with at least one or more first aid boxes sufficient for the number
of workers and the size of the facility, taking into account the f ollowing
factors:
- The first aid box must be stocked with medicines, bandages, disinfectants, and
other necessary items .
- In addition to their regular duties, provide First Aid training to selected
workers within the establishment. A special register should be maintained for
persons who have been trained as first aiders. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 7. Employers are required to comply with the instructions issued by the relevant
government agencies regarding the procedures associated with emergency
and crisis planning in the event of epidemics or disasters. Moreover, they are
required to implement all recommended prevention meas ures at the
workplace and in Labour accommodations.
Article ( 7)
Employers' Obligations with Regard to Vehicles and Transportation
1. Employers are responsible for ensuring the safety of the vehicles used to
transport their employees. All vehicles must be licensed, air -conditioned,
equipped with adequate seating, and preventive measures must be observed .
While the vehicle is in motion, passengers are not permitted to stand up.
2. Ensure the safety of workers while traveling to and from their workplace,
taking into consideration warnings issued by the National Center of
Meteorology regarding the weather.
3. Educate workers and encourage them to take precautions while driving to and
from work, particularly during periods of severe weather. Practice a high level
of flexibility regarding working hours in a manner that achieves the required
balance between workers’ welfare and the interests of work .
Article (8)
Industrial Operations and Employers' Obligations
1. It is mandatory that industrial operations and other similar activities do not
undermine the health and safety of employees . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 2. In order to avoid exposure to hazardous substances, gases, vapors, dust,
fibers, or smoke, separate equipment must be used whenever hazardous
operations are performed. Keeping the spre ad of hazardous substances in the
workplace to a minimum is important for ensuring safe working conditions.
3. Ensure that workers are protected from radiation exposure .
4. The proper disposal of substances harmful to health resulting from industrial
process wastes such that they do not exceed the restrictions outlined in Table
No. (2) annexed hereto .
5. Eliminate harmful dusts, gases, vapors, or fibers as soon as they are
gener ated. To achieve this, exhaustive equipment or other appropriate
engineering measures must be employed, as well as adequate ventilation.
Article (9)
Obligations of Workers with Respect to Occupational Safety and Health
1. Identify and report potential risks to one's health, safety, and that of others,
and suggest measures to eliminate and control such risks, while maintaining
a safe distance from any imminent danger.
2. Utilize the protective equipment and clothing provided by the employer for
this purpose and f ollow all safety instructions. No worker may act in a manner
that violates the company's health and safety policies or misuses methods
designed to protect the workers' health and safety.
3. It is important to maintain personal protective equipment and to ensu re that
it is in good working order. Further, it is important to avoid deliberately
damaging or losing such equipment.
4. It is important to get adequate sleep at night and to take breaks in designated
rest areas if necessary. If a worker suffers from exhaust ion or fatigue on the
job, he / she should inform the employer or his representative.
5. Do not report to work while under the influence of drugs or alcohol . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 6. Ensure that you attend training courses and engage in continuous learning
related to the risks associated with your profession, and that you abide by the
procedures and measures established to protect you.
7. Maintain the establishment's assets, buildings, and resources in the
workplace, Labour accommodations, and any other location involved in the
esta blishment's operations.
Article (10)
Health and Safety Officer
1. Employers operating in industrial and construction sectors are required to
appoint an OSH Officer in accordance with Article (2) of Ministerial Resolution
No. (44) of 2022 regarding occupational health and safety and Labour
accommodations. An occupational health and safety officer must be a
licensed engineer or a graduate from an occupational health and safety
institute.
2. The OSH officer is responsible for achieving the following object ives:
First: Planning
- Analyze the hazards at the workplace in light of the activity of the
establishment and all the facilities and accommodations available to
employees.
- Establish annual objectives for the occupational safety and health
department .
- Prepare OSH action plans and emergency response plans .
- Establish a schedule for periodic medical examinations.
- Prepare a draft of guidelines for occupational safety and health .
- Ensure that safety controls and requirements are in place before pu rchasing
or renting equipment and tools. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document - Identify and select the appropriate training courses for workers based on their
responsibilities and risks .
Second: Implementation and Supervision
- Monitor and oversee the implementation of occupational health and safety
requirements at work in accordance with applicable laws .
- Ensure that employees and members of contracted establishments comply
with Occupational Health and Safety instructions and requirements by
conducting internal inspections.
- Assess the safet y of the workplace and its suitability for operation.
- Implement preventative measures to prevent incidents from occurring.
- Inspect the safety equipment and tools in order to ensure their safety and
serviceability .
Third: Documentation of the investigation
- Report accidents immediately to the Ministry of Human Resources and
Emiratisation and the appropriate authorities.
- Make sure incident reports are prepared and stored in the accident records .
- Establish and maintain a special file for occupational health and safety
reports.
Fourt: Enhancing awareness and performance
- Instruct and educate workers about the rules and regulations pertaining to
occupational health and safety.
- Ensure that OSH regulations, guidelines, and instructions are continuously
revised and improved.
- Prepare a revised OSH plan following an incident and make recommendations
as appropriate .
- Assess the observations and suggestions of workers regarding occupational
safety and health . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
Article (11)
Prohibition of Work During the Midday
Employers are required to provide shaded areas for their workers to rest during rest
periods. For technical reasons, the following works are exempt and must continue
uninterrupted:
1. Concrete pouring and asphalt mixing that cannot be completed in the
afternoon .
2. Repairs and maintenance necessary to avert dangers, damages, malfunctions
or accidental losses including:
- Cutting off the water supply .
- Cutting off sewer line s.
- Disconnection of electrical power
- Blocking or obstructing major roads
- Cutting off gas or petroleum pipelines
3. Projects that require permission from the competent authorities due to their
impact on traffic and services. This is if the permit requires work 24 hours a
day.
When technical reasons dictate the continuation of work, employers must provide
workers with the following:
1. Provide the worksite with enough cold drinking water to accommodate the
number of workers.
2. Hydration fluids, such as lemon juice and minerals, appro ved by the country's
health authorities .
3. On-site first aid materials
4. A sufficient supply of air conditioning
5. Canopies and sun shade s. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document
Article (12)
Labour Housing
Labour Accommodation Registration with the Ministry's Approved Systems ( Labour
Camps System)
1. Ministerial Resolution (44) of 2022 requires establishments subject to Article
No. (4) regarding Occupational Safety and Health and Labour Housing to
register their Labour accommodations, regardless of whether owned or
rented, as shown below:
Website of the Ministry / Services / Labour Camps
Management of Accommodations
1 Creating a new
account • Don't have an account? Click here
• Enter your personal number, if applicable (I have an
account with the Ministry of Human Resources and
Emiratisation) , or
• Please enter the following information during the
registration process: contract, ID card, UDB, license
number (Ejari) if you have one,
• Manually enter the information
• Ensure that all your information is accurate and complete
• Attach required documents: photo, passport copy, EID
copy
• Click SAVE
• An e -mail and a text message will be sent to you with a
verification code .
• Select a user name and pin number and enter the codes
received by e -mail and text message. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document 2 Labour Camp
Registration Form • Enter the system of Labour camps
• To register a new request, click here
• Enter required information as follows:
• Type of accommodation ( Labour cities, permanent
housing, temporary housing, apartments, villas, petroleum
sites, letters from government or semi -government,
vessels).
• Include details about accommodation and facilities, such as
room counts, bathroom capacities, kitchen facilities, dini ng
halls, geographical location, etc.
• Attach the required documents ( Labour camp contract
licensed by the concerned local authority, Certificate of
Compliance with Prevention and Safety Requirements
from the General Directorate of Civil Defense, electricity
bill from the water and electricity authority, food control
certificate, camp cleaning contract, pest control contract)
• To submit and activate the request, please use the
following :
• Click on more details next to your application
• Click on activate application
• Enter your OTP
Note: All related details and documents will be reviewed by
the Ministry once the application is submitted. As part of the
application process, the Ministry will visit and inspect the
Labour camp and if all requirements are met, the application
will be approved.
3 Provision of Camp Space
to Establishments • Click on the more details link next to the completed
accommodation for more information .
• Select Allocate share to establishments from the menu . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document • Enter the following information: (address of the Lessee
establishment, duration of the rental agreement, number
of rooms selected, and the number of residents).
4 Labour Camp
Agreement Renewal • Click on the more details link next to the completed
accommodation for more information .
• Select camp renewal application
• Enter the required details
• Submit the application
Responsibilities of the Establishment
1 Access the Labour Camp
Management System • Please enter the details of "we communicate" in the
establishment owner's profile .
Note : Follow the instructions to register if you do not have an
account.
2 Search for approved
Labour camps • Click on find a Labour camp.
• Select Emirate, City, Region or
• Enter the details of the registered Labour camp.
3 Workers Arrangement • Select the more details link next to the allocated share for
more information
• Click on add/ remove worker .
• Select the required rooms.
• Distribute workers according to your preference.
• Click on the Save button
• Note : Please contact the camp owner if there is no share
listed on the main homepage.
4 Check the
Establishment's
Compliance Report • Click on Establishment Reports .
o Details of the establishment will appear, including:
o The number of employees registered with the company .
o The number of workers who are eligible for housing
under the Cabinet Resolution . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document o Residents (workers whose housing is verified by the
system)
This indicator indicates whether or not the establishment is
compliant ( Green : the establishment is compliant and has a
vacancy for … employees . Yellow : Housing was provided by the
establishment, but no distribution of …. Workers was made .
Red: the establishment has been found non -compliant due to
its inability to accommodate ..... ..employees )
3. It is the camp / establishment owner's responsibility to verify the accuracy of
all the details and information entered into the system.
4. Generally, establishments must adhere to the requirements and controls of
the Ministry and the authorities responsible for licensing and monitoring
Labour housing, as well as those that are more beneficial to the workers than
those outlined in Article 4 of Ministerial Resolution No. 44 of 2022 relating to
occupational health and safety and Labour housing.
Article (13)
The aforementioned Administrative Decision No. (28) 2022 shall be repealed and all
provisions in conflict with it are hereby repealed.
Articl e (14)
The Administrative Decision shall be published in the Official Gazette and take effect
upon publication . All official bodies and authorities are required to implement the
provisions thereof within their respective fields of jurisdiction .
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Khalil Ibrahim El Khoury
Undersecretary for Human Resources and Emiratization
Date of issue: 23 -08-2023
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Schedule No. (1)
Adequate Lighting
This schedule indicates the minimum lighting power required for the corresponding
processes :
Sr. Process Footcandle
1 Imprecise processes , such as sorting large objects (scrap, bones,
etc. ( 6
2 Processes requiring medium precision, such as assembling
machines, grinding grains, steam tank rooms, sections for filling
large containers, and storage areas for tools and supplies needed
for medium and similar operations. 10
3 Processes requiring medium precision, filing and lathing activities,
grinding, testing products and machines, sewing light -colored
fabrics, food preservation, plywood manufacturing, leather
manufacturing, etc. 20
4 Wor ks requiring precision, such as filing, medium -precision
turning, precise testing, office work, and final product operations,
etc. 20
5 Performing precision processes , such as assembling precision
machines, filing, turning, cutting and shaping glass, fine carpentry,
clerical work, drawing, etc. 50
6 Several processes that require extreme precision and great
patience, including very precise testing processes, testing
machines, making jewelry and watches, assembling letters by
printing, sewing da rk fabrics, and others. 150
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the
original document Schedule No. ( 2)
The maximum concentration level s that may be used in industrial processes
Substance Maximum Concentration
Ammonia 100 ppm
Acyl or butyl acetate 400 ppm
Carbon dioxide 10 ppm
Carbon Monoxide 100 ppm
Carbon tetrachloride 100 ppm
Chlorine gas 1 ppm
polychlorinated biphenyls 0.5 mm / m3
Ethylene 5 ppm
Arsine 0.05 ppm
Trichloronaphthalene 5 mg/m3
Chromic acid 0.10 mg/m3
Dichlorobenzene 76 ppm
Dichloroethyl 15 ppm
Ether 400 ppm
Dichlorethylene 200 ppm
Gasoline 500 ppm
Chloride acid 10 ppm
Hydrogen cyanide 10 ppm
|
This is not an official translation
Ministerial R esolution No. (657) of 2022
on Rules and Guidelines to D eal with Work Injuries & Occupational
Diseases
Minister of Human Resources & Emiratisation:
Having reviewed:
The Federal Law No.(1) of 1972 regarding Ministers ’ Competencies, Minis ters’ Powers and laws
amending thereto;
Federal Law No. (13) of 2020 regarding public health;
Federal Decree -Law No. (33) of 2021 endorsing the Regulation of Labor Relations as amended; and
its executive regulations
Cabinet Resolution No. (21) of 2020 r egarding Services Fees & Administrative Fines imposed by the
Ministry of Human Resources & Emiratisation, as amended by Cabinet Resolution No. (37) of 2020;
Cabinet Resolution No. (33) of 2022 regarding Work -related Injuries & Occupational Diseases;
Minis terial Resolution No. (48) of 2022 regarding Labour Inspection Regulation; and
In consideration of public interest;
Decides as follows:
Article 1
Channels for reporting Work Injuries & Occupational Diseases
All establishments must keep a record of report s concerning work -related injuries and occupational
diseases on the Ministry ’s system through the channels shown hereunder:
1. The digital system for the Ministry's services.
2. Centers approved to provide the Ministry's services (business service centers).
3. The Ministry ’s Application ( MOHRE ).
4. Any other channels specified by the Ministry
This is not an official translation
Article 2
Obligations of the employer in respect of Work Injuries & Occupational Diseases
The employer shall:
1 Ensure that establishments with 50 or more workers adopt a speci al system for monitoring work
injuries and occupational diseases
provided that this system includes the following:
a Record of work -related injuries and occupational diseases
b Necessary preventive tools and hands -on training programs for workers engag ed in high risk
activities
c An inventory of all activities that are dangerous to the health and safety of workers
d Number of workers performing hazardous jobs
e A mechanism for periodic health examination of workers engaged in hazardous activities
f A mechanism to promptly report work injuries and occupational diseases incidents within
the establishments
g A mechanism to investigate incidents of work injuries, occupational diseases and take
necessary measures to protect other workers from such injuries or diseases
h A mechanism to obtain a report from the competent medical committees that shows the level
of disability in the event of a work injury or occupational diseases
i A log for periodic medical examination of workers
j A record of wo rkers exposed to occupational hazards for a period of not less than 5 years after
the termination of their service
k A document to the worker at the end of his service, showing the period of his service in the
establishment performing such a hazardous jo b
2 Inform the Ministry in the event that the worker wishes to be terminated before the issuance of
the medical committee ’s report, while retaining his rights according to the report. In all cases the
employer shall not to terminate the work relationship and cancel the contract of the injured or
sick worker before granting him all his dues.
3 Comply with the provisions of Article (37) of the aforementioned Federal Decree -Law No. 33 of
2021, Article (23) of executive regulations thereof and Article (3) o f this Resolution with regard to
compensating work injuries and occupational diseases, before taking action to terminate worker ’s
contract and work relationship
4 Inform the medical authorities as soon as becoming aware of the occurrence of a work injury or
suspected occupational disease, as per the steps and mechanisms adopted by those authorities.
5 Immediately report to the competent police station any work injury or occupational disease,
according to the geographical scope of the establishment, and ac cording to the mechanisms and This is not an official translation channels designated for the purpose (operation centers, direct contact with police stations
according to specialization...etc.)
6 Immediately inform the Ministry through the report recording channels specified in Article (1) of
this Resolution in the event of an accident such as building collapse, fire, explosion, fall from a
height, traffic accident while going to work or back to home, or any other dangerous accidents. In
any case the employer shall report any work injury or occupational disease within 48 hours of its
occurrence
7 Provide the Ministry with evidence of an agreement between the employer and worker whereby
the employer will bear the worker ’s treatment costs outside the State
Article 3
Compensation for wor k injury and occupational diseases
1 The employer shall treat and c ompensate a worker who sustains work injuries and occupational
diseases.
2 The value of work injury compensation shall be calculated as per the last basic wage received by
the worker
3 The employer shall pay the compensation stipulated in Federal Decree -Law No. (33) of 2021
referred to, after the issuance of the medical report specifying the level of disability according to
the schedules annexed to Cabinet Resolution No. (33) of 2022, wi thin a maximum period of 10
days
4 If the work injury or occupational disease leads to the death of the worker, the compensation shall
be paid to his dependents
according to the laws in force in the country, or according to the deceased worker ’s will before his
death.
5 If the worker's injury or occupational disease results in the worker's partial or permanent
disability, then he is entitled to a compensation according to the percentages specified in the
tables annexed to Cabinet Resolution No. (33) fo r 2022, provided that these percentages are
calculated from the value of the death compensation stipulated in Clause (3) of Article (37) of
Federal Decree -Law No. (33) of 2021 as follows:
(The permanent partial disability percentage contained in the tabl es annexed to Cabinet
Resolution No. (33) for 2022 , multiplied by the value of the basic wage for a period of 24 months,
provided that the amount of compensation is not less than AED 18,000 and not more than AED
200,000 equals the amount of compensation fo r permanent partial disability).
6 The amount of compensation due to the worker in case of permanent total disability shall be equal
to the amount due in the event of his death .
This is not an official translation
Article 4
Procedures Guidelines
1 The attached Procedures Guide lines shall be used to implement the provisions of this
Resolution .
2 The Undersecretary for Human Resources Affairs may amend the se guide lines if the work
interest so requires, in a manner that does not contradict the provisions of this Resolution
Article 5
Cance llation and publication
1 Any provision that contradicts with this Resolution shall be repealed
2 This Resolution shall be published in the Official Gazette and shall come into effect from the date
of its issuance
Dr.. Abdulrahman Abdul Manan Al Awar
Minister of Human Resources and Emiratisation
Issued on: 13/12/20
This is not an official translation Procedure guide lines annexed to Ministerial Resolution No. (657) of 2022 regarding Work Injuries
and Occupational Diseases
First: Channels approved by the Ministry to register repo rted work injuries
Channels Registration Steps
The employer records a work injury
or occupational disease through
the following
channels:
1 The digital system for the
Ministry's services.
2
Centers approved to provide
the Ministry's services
(business service centers).
3
The Ministry ’s Application
(MOHRE).
1 Submit a request to report a work injury or occupational
disease.
2 Enter the establishment ’s details (establishment No.)
3 Enter the report details (The injured worker ’s
name, age, ID numbe r, occupation , nationality, work place,
history of injury, level of injury, a brief description of the
accident, circumstances of the incident, actions taken to
treat the
worker and the worker ’s phone number )
4 Endorse and send the application throu gh the service
provision channel
5 Automatically enter the report in the National Work I njury
System
Second: Procedures followed to conduct inspection on work injuries & occupational diseases and
detect violations
Process Description It is an inspection visit to ensure that the establishments are comply ing
with the provisions of the Federal Decree Law No. (33) of 2021,
implementing regulations and decisions thereof, regarding Work I njuries
and Occupational Diseases
Type of Service Compliance Service
Targeted Establishment Establishment with registered incidents of Work Injuries and Occupational
Diseases
Duration of Service One working day starting from designating an inspector to conduct the
inspection visit This is not an official translation Inputs Establishment ’s data from the Ministry's system
Injury data from the National System for Work Injuries (Inspection
System).
Operating Mechanism
1 All incoming work injuries are directed electronically to the inspection
system, and the first task is taken according to the inspection priorities
in the system
2 The task is extracted from the system by the inspector
3 The inspector starts preparations to conduct the inspection visit
4 The inspector prepares the inspection report
5 Following the c ompletion, the task is closed
6 In the event of non -completion due to the following cases:
a Failure to report the injury within 48 hours;
b Failure to compensate the worker;
c Providing the Ministry with incorrect data;
The report of the violation i s prepared, along with supporting
evidence and photos. The inspection report and the violation report
are reviewed and approved by the immediate supervisor.
Outcome 1 inspection report
2 Warning form in the event a violation is detected
3 Violation report and administrative fine, if any
4 Follow -up inspection of the establishment , according to the severity
of the outputs of the inspection report
|
CABINET RESOLUTION NO.33 OF 2022
CONCERNING WORK INJURIES AND OCCUPATIONAL DISEASES
The Cabinet:
Having reviewed the constitution
Federal Law No.(1) of 1972 on the competencies of the Ministries and Powers
of the Ministers and the amendments thereof,
Federal Law No. (13) of 2022 concerning Public Health
Federal Decree -Law No. 33 of 2021 concerning Regulation of Labour
Relations
Cabinet Resolution No. (1) of 2022 concerning the executive regulations for
Federal Decree -Law No.33 of 2021 regarding the reg ulation of labor relations
Upon the proposal of the Minister of Human Resources and Emiratisation,
and the approval of the Council of Ministers ,
Has Resolved:
Article (1)
Definitions
The definitions contained in Federal Decree -Law No. 33 (of 2021) and its Executive
Regulations, referred to, shall apply to this decision. The following terms and
expressions shall have the meanings opposite thereto unless the context requires
otherwise:
Medical Authority : Any federal or local governmental authority respon sible for
healthcare affairs or any other private healthcare establishment that is licensed to
provide healthcare services inside the State.
Health Authority : Any federal or local government authority responsible for
regulating health care affairs, each within the limits of its competence .
Article ( 2)
Identification of Work Injuries & Occupational Diseases 1. Occupational diseases are specified in schedule No.(1) attached to this Resolution .
2. Permanent Total Disability are specified in schedule No.(2) attached to this
Resolution
3. Permanent Partial Disability are specified in schedule No.(3) attached to this
Resolution .
Article ( 3)
Procedures and requirements to be followed in the event of work -related
injuries or occupational diseases
If a Worker sustains a labor i njury or occupational disease, the Employer or his
representative must do the following:
1. Report the incident to the medical authority.
2. Report the incident to the competent police station according to the geographical
scope. The report must be made immediately in the event of a work injury as a
result of an accident or any injury other than an occupational disease, and the report
must indicate the date the employer became aware of the occupational disease.
3. Report the incident to the Ministry through specialized channels within a
maximum period of forty -eight hours (48) from the date of his knowledge of the
occupational disease or from the time of his knowledge of any other work injury .
The report must include worker’s name, age, vocation, address, and nationality in
addition to a brief description of the accident, its circumstances and the
arrangements made for the employee's medical aid or treatment .
Article (4)
Conducting Investigations into Work Injuries & Occupational Diseases
1. The police shall carry out necessary investigation, upon receipt of the report
which contains statements of witnesses and employer or his representative and
statement of injured if his condition so allows, and the report must indi cate in
particular the following :
a) If the injury was a deliberate self-injury; b) If the injury was a result of a direct consequence of the w orker’s deliberate
misconduct.
c) If the injury occurred under the influence of alcohol, drugs or other
psychotropic subst ances;
d) If the injury was a direct consequence of a deliberate violation of the
precautionary instructions affixed in conspicuous places at the Workplace.
2. An inspector from the ministry or the relevant authority (health authorities or
municipalities) shall assist the investigation authorities in collecting evidence if
necessary.
3. The statements and information included in the investigation are mere inferences
used by the medical authority , and it has the final decision in determining whether
or not a work injury has occurred .
4. The investigation authority shall provide the Ministry with a copy of the
investigations result along with a copy of the evidence report.
Article ( 5)
Medical Report
1. The treating medical authority shall, upon completion of treatment, prepare a
report on the work injury or occupational disease , specifying the injury, type of
occupational disease, the cause of either , date of occurrence, its relation to work and
period of t reatment and whether the employee has sustained permanent infirmity,
or otherwise and degree of disability, if any, and whether such disability is total or
partial as well as his ability to carry on duties with the existing disability .
2. The report of the medical authority is to be approved by the competent federal or
local government health authority . The approval shall be based on the
recommendation of a specialized medical committee or through any other system
used by the health authority. The medical authority shall at the end of treatment
make a triplicate report, a copy of which shall be handed to the worker and the
other to the employer , and a third copy will be sent to the Ministry .
Article ( 6) Details of the Work Injuries & Occupational Diseases
1. All medical authorities in the state must provide the Ministry with details of all
work injuries and occupat ional diseases periodically through the approved
electronic systems . The details shall include the worker's name ID number,
nationality, place of injury, date of injury, emirate, degree of injury, and the name of
the health authority.
2. All medical authorities must record the details referred to in clause (in the
patient’s national medical file) of this artic le through the approved systems, and th e
government health authorities in the state must verify this before approving the
report.
Article ( 7)
Employer’s Obligation for Work Injuries & Occupational Diseases Compensation
In case a Worker sustains a Work Injury or an occupational disease, then the
Employer shall be under obligation to pay the compensation due to the worker
according to the schedules attached herein, subject to the following provisions:
1. Total incapacity to use any organ of the body or part thereof is co nsidered equal
to total loss of such organ or part of the body .
2. If the worker injured is a left - handed the compensation hereina bove provided
for the left hand shall be the same as for the right hand .
3. In the case of marring, disfigurement or unnatural alternation of a ny or gan or part
of the body or any sense not covered by the above schedule, the rate of disability
shall be estimated, by the competent medical authority .
Article ( 8)
Updating Schedules
The Minister, in coordination with the Ministry of Health and Prevention , may
update Schedule No. (1) attached herein concerning occupational diseases when
needed.
Article ( 9)
Publication and Validity This Decree -Law shall be published in the Official Gazette, and shall come into force
from the day following the date of its publication.
Original signed by His Highness Sheikh Mohammed bin Rashid Al Maktoum
Prime Minister
Issued by us on:
10th Ramadan 1443 A.H
11th April 2022 A.D
SCHEDULES ANNEXED TO CABINET RESOLUTION NO. 33 OF 2022 REGARDING
WORK INJURIES & OCCUPATIONAL DISEASE S
SCHEDULE NO. (1)
OCCUPATIONAL DISEASES
Sr. Disease Occupation Causing The Disease
1 Poisoning by Lead and lead
components Any occupation that requires use or handling of
lead or its compounds containing lead
2 Poisoning by mercury and
its components Any occupation that requires the production, use
or disposal of mercury and its components, in
addition to any work involving exposure to dust
or gases of mercury or its components or
materials containing mercury.
3 Poisoning by arsenic and its
components Any work that requires the production, use or
disposal of arsenic and its components, in
addition to any work involving exposure to dust
or gases of mercury or its components or
materials containing arsenic.
4 Poisoning by antimony and
its components Any occupation that requires use or handling of
antimony or its components or exposure to the
dust or gases of antimony or its components or
items containing antimony
5 Poisoning by phosphorous
and its components Any occupation requiring use or handling of
phosphorus or its components or exposure to the
dust or gases of phosphorus or its components or
items containing phosphorus
6 Poisoning by petroleum, its
gases, derivatives or
components Any occupation that requires use or handling of
benzene and its derivatives or its compounds or
exposure to the dust or vapors of benzene
whether in solid, liquid or gaseous form
7 Poisoning by
Manganese and its
components Any work that requires the production, use or
disposal of Manganese and its components , in
addition to any work involving exposure to dust
or gases of mercury or its components or
materials containing Manganese .
8 Poisoning by sulfur metal
and its components Any occupation that requires use or handling of
sulfuric metal or its components or any items
having sulfuric content or exposure to the dust and gases of sulfuric metal and its components or
any items having sulfuric content .
9 Poisoning by chloroform or
carbon tetrachloride. Any occupation that requires use or handling of
chloroform or carbon tetrachloride or exposure
to the gases containing them
10 Diseases resulting from
Radium or radio -active (X -
rays) Any occupation that requires exposure or
radium or any other radio -active substance or
X=rays.
11 Chronic skin disease and
burns of the skin and the
eye Any occupation that requires use or handling of
tar or coal tar equipment, mineral oil or kerosene
(or cement, flour or similar dust or any of their
compounds, pro ducts or residues
12 Eye affections from the heat
and light, and the
consequences of such
affections Any occupation that requires recurrent or
continuous exposure to reflection of light, heat or
radiation emitted by molten glass, hot or molten
metals or e xposure to powerful light and high
temperature that could cause harm to eye or
sight
13 Pneumoconiosis resulting
from :
1.Silicosis (Silicon dust)
2.Asbestosis (Asbestos
dust)
3.Byssinosis (cotton dust) Any occupation that requires exposure to silicon
dust or any items with silicon content in a
concentration of more than 5%, such as work in
rock cement factories, sandblasting of metals or
any other occupation requiring a similar
exposure, as well as any work requiring
exposure to asbestos or cotton dust to such an
extent as to result in such a disease.
14 Anthrax Any occupation that requires contact with
animals affected by such a disease or with their
skins, horns and hair
15 Ascites Any occupation that requires contact with
animals affected by this disease
16 Pulmonary Tuberculosis Any occupation in hospitals providing treatment
patients affected by this disease
17 Enteric Fever Any work in hospitals specialized in the
treatment of this disease
SCHEDULE NO. (2)
PERMANENT TOTAL DISABILITY COMPENSATION ASSESSMENT
Disability
Degree Nature Of Permanent Disability Percentage
Total 1. Loss of both arms from the shoulder
or loss of any two or more limbs 100
2. Total loss of eye sight or loss of both eyes 100
3. Total paralysis 100
4. Imbecility or total mental deficiency 100
5. Injuries or accidents to the head or skull
causing continuous headache 100
6. Total disfigurement of face 100
7. Injuries and accidents to the chest and
internal organs causing permanent and
total inability to function normally 100
SCHEDULE NO. (3)
PERMANENT PARTIAL DISABILITY COMPENSATION ASSESSMENT
Disability
Degree Nature Of Permanent Disability Percentage
Partial 1. Loss of both legs from the thigh 90
2. Loss of both arms from elbow or above 85
3. Severe disfigurement of the face 80
4. Total loss of both hands from the elbow 70
5. Total loss of right arm from shoulder joint or
from the elbow 70
6. Loss of both legs from the knee or above 70
7. Total loss of left arm from the shoulder
joint or from the elbow 60
8. Loss of one leg from the knee or above 60
9. Loss of one leg from the knee or above 60
10. Loss of one leg from the thigh 60
11. Loss of both legs from below the knee 60
12. Loss of right hand fingers including thumb 60
13. Loss of left arm from above or below the elbow 50
14. Loss of the left hand fingers including thumb 50 15. Loss of one leg below the knee 50
16. Total and permanent loss of hearing 50
17. Loss of tongue or permanent dumbness 45
18. Loss of both feet from the ankle or below 45
19. Loss of genital organ 45
20. Loss of sight of one eye 45
21. Loss of right hand from the wrist 38
22. Loss of thumb or four fingers of the right hand. 35
23. Loss of left hand from the wrist 34
24. Loss of thumb or four of the left hand fingers 25
25. Loss of one foot from the ankle or below 20
26. Loss of all toes of one foot including the big toe 20
27. Loss of three of the right hand fingers
excluding the thumb 15
28. Loss of the index finger of the right hand 15
29. Loss of the phalanges joint of the right hand
thumb 10
30. Loss of the index finger of the left hand 10
31. Loss of three of the left hand fingers excluding
the thumb 10
32. Loss of all toes foot of one excluding the big toe 10
33. Loss of big toe of one foot 10
34. Loss of the last phalanges joint of the left foot
great toe 6
35. Loss of the right hand middle finger 6
36. Loss of the left hand middle finger 6
37. Loss of the right hand annular finger 6
38. Loss of the left hand annular finger 6
39. Loss of the right hand auricular finger 6
40. Loss of one finger of the left hand 6
41. Loss of the phalanges joint of any finger
excluding the thumb 5
42. Loss of the right hand index finger second joint 5
43. Loss of the foot toes excluding the great toe 5
44. Loss of one molar tooth 3
45. Loss of one canine tooth 2
|
This is not an official translation
Ministerial Resolution No.( 44 ) of 2022
Regarding
Occupational Health and Safety and Labor Accommodation
His Excellency the Minister of Human Resources and Emiratiz ation :
Having reviewed the Federal Law No.(1) of 1972 regarding the duties of the
Ministers and powers of the Ministers, and its amendments ; and
Federal Law No. 13 of 2020 regarding Public Health ; and
Federal Decree -Law No. 33 of 2021 regulating labor relation s; and
Cabinet Resolution No. (1) of 2022 regarding the by-law of Federal Decr ee-Law
No. 33 of 2021
Has resolved :
Article (1)
Obligations of Employers and workers relat ing to health and safety
Taking into consideration clause No. 6 of Article No.13 and clause No. 6 of Article No.16
of the above mentioned Federal Decree -Law No. (33) of 2021& Article No. 22 of its by-
law, both the Employer and the Worker shall abide by all the regulations and procedures
issued by the Ministry and the competent authorities in the state related to occupational
health and safety.
Article (2)
Occupational Health and Safety Officer
Every industrial establishment , and all establishments operating in the construction sector
employing no less than 100 workers , must appoint an Occupational Health and Safety
Officer who is technically qualified for this purpose . The HSO will carry out the tasks related
to the prevention of different categories of hazards and supervis e the implementation of
relevant provisions in this regard .
Article (3)
Noon Work Ban
- All work performed directly under the sun and in open places shall not be allowed
between the peak hours of 12.30 pm and 3 pm from June 15 to September 15
every year. No business shall be resume d before 3pm, while adhering to what is
stipulated in the procedures manua l in this regard.
- The procedures manual specifies the exem pted processes which are required for
technical reasons to be carried out continuously and ident ify the obligations of
emp loyers in this case.
Article (4)*
Labor Accomm odation
Establishments with 50 or more worke rs, where the monthly wage of each worker is AED
1,500 or less, must provide accommodation for its worker s. Establishments must register
the Labor Accommodation in the approved systems of the Ministry and ensure the
validity of the information entered. The accommodation must comply with the
requirements of labor housing specified in Cabinet Resolution No. 13 of 2009 regarding
the guidelines to Gen eral Standa rds for Collective Labor Hous ing and its amenities and
Ministerial Resolution No. 212 of 2014 regarding the adoption of the guidelines to the
Gener al Standa rds for Collective Labor Hous ing accommodate less than 500 worker s.
Article (5)
Guidelines to Occup ational Health and Safety Procedures
The Undersecretary for Human Resources Affairs issues guidelines to occupational health
and safety procedures, specifying the procedur es, controls, and deta ils necessary to
implement the provisions of this Decree.
Article (6)
Any Provision that is contrary or inconsistent with the provisions of this decree shall be
null and void.
Article (7)
This Decree shall be published in the Official Gazett e and shall come into force from the
date of its issuance.
Issued on the 3rd of February 2022
Dr. Abdulrahman Abdul Mannan Al-Awar
Minis ter of Human Resources a nd Emiratization
(Sea l and signature)
As part of the licensing and monitoring of labor housing, local authorities may, after
consultation with the Ministry of Human Resources and Emiratisation, increase the
minimum wage for the worker referred to in this article in accordance with the
requirements of the respective emirate.
*The article is amended in accordance with the Ministerial Resolution No. (516) of 2024 Revising Some Provisions of
Ministerial Resolution No. (44) of 2022 Concerning Occupational Health and Safety and Labour HousingThis document was translated to English through a third party. The ministry is not responsible for any possible
discrepancies between it and the original document. |