Mr Jawad Dilawar LLB prepared this slides for brief understanding of uae labour law

1. UAE LABOR
LAW
Presented by:
Jawad Dilawar
MBA-LLB-LLM leading to PHD

2. Here's all you
need to know
about the UAE
labour law
As an expat in the UAE, you need to keep yourself
informed and abreast of your rights and
responsibilities surrounding employment in the
country. The UAE follows the Federal Law No. 8 of
1980 on regulating labour relations.
In 2006, The Dubai Government came up with a
landmark Human Resources Law for government
employees that include code of conduct, work
environment, recruitment and employment policies
and compensation and benefits.
Labour law's stipulations on employee disciplinary
rules, termination, their rights and end-of-service
settlements, so you don't have to read through the
fine print.

3. 1-Disciplinary
action
Article 102 of the labour law states that disciplinary rules may be
imposed by the employer or their representative in the following
forms:
Warning
Fines
Suspension with reduced pay for a period not exceeding 10 days
Deprivation from or deferment of periodic bonus (if such bonuses are
applicable in your company)
Deprivation from promotion

4. Dismissal from work, without affecting end-of-service gratuity
Dismissal from work, with total loss of end-of-service gratuity or a
part of it
The law includes safeguards to protect the employee's cause and
welfare as well. For instance, the above mentioned fine may not
exceed the equivalent of the employee's pay for 5 days (Article
104), and such fines may only be imposed once a year (Article
106). A work promotion also cannot be withheld for more than
one promotional cycle (Article 107).

5. Any of the Article 102 rules can
only be imposed on the worker
after issuing a notice with details
of the charges against them in
writing, and only after having
heard them out first and the
reasons investigated (Article 110).
Any such disciplinary action also
has to be taken and issued within
30 days of the discovery or
allegations made (Article 111).

6. 2-Termination
laws
1. When can an employment contract be terminated?
a) If both parties agree to cancel the contract, with
the employee's consent given in writing.
b) If the contract period expires, unless it is explicitly
or implicitly extended according to the law.
c) If the contract period is unspecified and any party
wish to terminate it, provided they stick to the
acceptable grounds and provisions surrounding
contract termination (Article 113).

7. • 2. What happens in case of death or
disability of the worker?
• The employment contract cannot be
terminated in the event of the
employer's death. However, it can be if
the employee dies or is completely
disabled, with approved medical
certificate given by the country's health
authorities (Article 114). In case of
partial disability, and the employee can
continue to do tasks within their
capacity, they should be retained or
moved to such a job role, without any
effect on their rights or compensation.

8. 3. What happens if the employer or
employee terminate the contract before
its end-date?
If the employer does it, they are to
compensate the employee with an
amount not more than their 3 months'
total salaries, or for the remaining period
of the contract, whichever is shorter
(unless the contract states different rules),
according to Article 115. The same applies
in vice-versa if the employee cancels the
contract (Article 116).

9. LABOUR LAW
• 4. When can the employer dismiss the worker without prior notice?*
• a) If the employee assumes a false identity or nationality, or submits false
certificates or documents
• b) Within or at the end of the employee's probation period
• c) If the employee makes errors resulting in major material or financial loss to
employer, and the Labor Department is informed of it within 48 hours of the
incident
• d) In the event of violation of safety or workplace rules, communicated in prior to
the worker clearly

10. LABOUR LAW
5. When may the employee quit work
without notice?
If the employer breaches their contractual
obligations made to the worker, or if they
or their legal representative assault the
worker (Article 121).

11. LABOUR LAW
6. Things the employer may NOT do:
a) Terminate employee for medical unfitness before their medical leaves
are exhausted (Article 124).
b) Deny the employee (if the latter requests, or at end of contract period)
the certificate of the end-of-service settlement, with details of
joining/leaving dates, type of work, last paid salary and benefits; hold back
any of the employee's certificates, documents or items at the end of
contract (Article 125).
c) Take up other employment if they leave work without valid cause (with
or without notice given) before the end of contract period (for non-UAE
nationals only), for 1 year from the date of leaving (Articles 128, 129).

12. • 7. Things the employee may NOT do:
• a) If the work involves meeting clients or the
knowledge of business secrets, they cannot take part in
any activity that competes with the employer's interests
after the contract period (if agreed upon with the
employer beforehand),
• and such a period may only be for a limited period of
time, only allowing for the legal interests of the
employer. The employee also has to be 21 years of age
or over for this to apply (Article 127).

13. 8. What are the rules on repatriation of the worker
after contract termination?
a) The employer has to bear the expenses of
repatriation to the location from where the employee
was hired. This includes their travel ticket, and any
contractual obligations on travel expenses for their
family, cost of shipping of personal items etc.
b) If the termination is attributable to the worker, the
latter has to be repatriated on their own expense
(Article 131).

14. 3-Compensation claim
If an employee contests the end-
of-service settlements and
repatriation expenses in court
against the employeer, the
labour department will specify
these entitlements in a week
from the date of notification.
The employer then has 30 days
to pay up these amounts to the
Ministry of Labour. The labour
law does not prejudice the right
of the worker in contesting such
compensations in court.

15. How the end-
of-service (or)
severance pay
is calculated:
• According to Article 132 of the UAE Labour Law
on the calculation of gratuity/severance pay:
• An employee who has completed 1 or more
years of continuous service is entitled to
severance pay
• The amount is calculated as 21 days' basic pay
for each of the first 5 years of employment; 30
days' basic pay for each extra year of service,
provided the total pay does not exceed the
employee's 2 years' pay. The calculation does
not include any allowances (like housing,
transport, travel, overtime etc), other benefits
or bonus.

16. LABOUR LAW
• If the worker is under an indefinite contract term and leaves work after continuous service
of not less than 1 year and not more than 3 years, he or she is entitled to one-third of the
severance pay.
• If the employee quits after continuous service of more than 3 years, up to 5 years, they get
two-third of the severance pay.
• If a worker under a definite term contract quits before the contract period expiry, they are
not entitled to severance pay unless they have worked 5 years.

17. LABOUR COMPLAINT PROCESS- DUBAI

18. UAE LABOR LAW
Presented by:
Jawad Dilawar
MBA-LLB-LLM leading to PHD