Here are some of the most frequently asked questions regarding labour laws in the UAE.
Kindly note that these Q&As do not constitute legal or other advice. The information on this page is generic, and by using it, you agree to accept the terms and limits of liability available on Q&As. You should not rely or act on any of the information contained in these Q&As without getting a specific professional advice. You are solely responsible for any actions taken in connection with these Q&As. To the extent permitted by law, Jafza accepts no liability and disclaim all responsibility for the consequences of your or anyone else’s reliance on any information contained in these Q&As or for any decision based on it or by any reference to these Q&As.
- The work assigned to a worker allows him to access the secrets of business or know the company’s customers.
- The worker has completed 21 years of age at the time the labour contract was concluded.
- The labour contract is specific in terms of time, place and type of work that the worker is banned from doing with the aim of protecting the employer’s interests after the labour relationship is over.
- The worker works with a competitor.
- Islamic New Year’s Day – one day
- New Year’s Day – one day
- Eid Al-Fitr – two days
- Eid Al-Adha and Al Waqfa- three days
- Prophet Mohammad’s Birthday – one day
- Al Isra Wal Mi’raj – one day
- National Day – one day
- Or any official holiday declared by the competent authorities
- Two days per month if the worker has worked for more than six months and less than one year.
- 30 days per year if the worker has worked for more than one year.
- In case his service has been terminated, the worker shall be entitled to an annual leave against the period served in the last year.
leave shall not be included in the worker’s annual leave.
- If the worker has impersonated another person, claimed a fake nationality or submitted forged certificates or documents.
- If the worker is under a probation period and dismissal has taken place during or at the end of the probation period.
- If the worker has made a mistake that has resulted in a heavy financial loss to the employer, provided that the employer shall notify the competent labour relations section accordingly within 24 hours from the time he is aware of the mistake.
- If the worker has violated the instructions related to the safety of the work or the workplace, provided that these instructions are in writing, and are put in a conspicuous place and are conveyed orally to illiterate workers.
- If the worker has failed to perform his basic duties according to the labour contract and has continued to do so although a written investigation has been conducted with him for this purpose and although he has been warned of dismissal in case of repeated breach.
- If he has been finally convicted by a competent court of a crime related to honour, honesty or public morals.
- If he has divulged a secret of the firm he works for.
- If he has been under the influence of alcohol or drugs while at work.
- If he has assaulted the employer, the manager or one of his colleagues while at work.
- If the worker has been intermittently absent without a valid reason for more than twenty days per year or more than seven consecutive days.
- If the employer has failed to fulfill his obligations towards a worker as per the articles stipulated in the contract or law.
- If the employer or his legal representative has assaulted the worker.
If the said contract has been annulled by the worker, however, the employer shall be entitled to compensation on the basis of the worker’s gross pay or the latest pay, provided that the amount of the compensation shall not exceed the pay of 45 days or the remaining term of the contract, whichever is shorter.
- Compensation for partial disability: Basic pay × 24 × disability rating as per the medical report.
- Compensation for permanent disability: Basic pay × 24 × disability rating as per the medical report.
- Compensation for permanent total disability: The same amount payable in the event of death, provided that it at shall not be less than AED 18,000 and no more than AED 35,000.
- Compensation for occupational disease leading to death: Basic pay × 24 = not less than AED 18,000 and not more than AED 35,000.
Yes, a worker shall have the right to claim his pay but shall be entitled to claim his leave allowances only for the last two years.
- 21 days for each year of the first five years.
- 30 days for each subsequent year.
- The overall gratuity should not exceed the remuneration of two years.