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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
1 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 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.