قانون العمل / التوظيف في الإماراتقرار مجلس الوزراء في شأن اللائحة التنفيذية للمرسوم بقانون اتحادي بشأن تنظيم علاقات العمل

Article (1) Definitions The definitions stipulated in the Federal Decree-Law shall be applicable to this Resolution with the exception of the following terms whose meanings assigned to each of them, unless the context otherwise requires: Decree-Law : Federal Decree-Law No. (33) of 2021, Regulating Labour Relations Legislation : Collection of Resolutions, Guides and Circulars in relation to employment at the Ministry of Human Resources and Emiratization

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 2

Article (2) Classification of Establishments Subject to the provisions of clause (1) of Article (70) of the Decree-Law: 1. Establishments shall be classified in accordance with criteria that include economic activity, volume of manpower, manpower’s cultural and demographic diversity and compliance with legal regulations and support in implementing government directives with respect to Emiratization, training, and development of skills. 2. The Cabinet shall issue, upon the Minister’s proposal, the resolutions necessary for the classification of establishments and the privileges provided for each category of these establishments to ensure the promotion of competitiveness within the labour mark…

Article (3) Classification of Workers Subject to the provisions of clause (2) of Article (70) of the Decree-Law: 1. Workers subject to the provisions of the Decree-Law shall be classified into categories according to criteria that include levels of skills, education, productivity or profession or wages or based on categories of residency. 2. The Cabinet shall issue, upon the Minister’s proposal, the resolutions necessary for the classification of the manpower’s skill levels within the labour market and the privileges provided to each level to ensure the promotion of competitiveness within the labour market.

Article (4) Rules on the Employment of Juveniles 1. Subject to the provisions of Article (5) of the Decree-Law, the employment of juveniles shall be prohibited for the following jobs and professions: a. Hazardous or harmful jobs and industries. b. Occupations that may, due to their nature or conditions they are performed under, endanger the juveniles’ health or safety.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 3 2. It shall be determined by a Minister’s Resolution after coordinating with the concerned authorities, the dangerous or arduous jobs or activities that may, due to its nature, result in d…

Article (5) of the Decree-Law and the provisions of this article in accordance with the following controls: a. The institution must be registered with the competent government authorities with such description. b. The institution’s main objective, for which it is registered, must be rehabilitation or professional training or charitable, educational, or volunteering activities.

Article (5) Work Models 1. Subject to the provisions of Article (7) of the Decree-Law, a worker may be employed under any of the work models stipulated in the mentioned article, with the following additional models: a. Remote work: the work is performed wholly or partially outside the workplace and the connection between the worker and the employer shall be electronic instead of the physical presence – whether the work was parttime or fulltime.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 4 b. Shared Word: tasks and duties are shared between more than one worker to perform the task agreed upon, and i…

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 (Recruitment of workers from outside the State): This type of work permits enables establishments registered with the Ministry to recruit a worker from outside the State. b. Work Permit for Transfer: The permit under which a non-national worker can transfer from and to an establishment registered with the Ministry. c. Permit for those who are sponsored by their parents: The permit under which those who are sponsored by their parents may be employed to work at an establishment registered with the Ministry. d. Temporary Work P…

Article (7) Conditions, Controls and Procedures of Issuing, Renewing and Cancelling Work Permits 1. Conditions of issuing work permits: a. The worker’s age shall not be less than 18 years with the exception of the juvenile work permit and the student training or employment permit. b. It shall meet all the conditions stipulated in the applicable legislation in this regard, and that is for specialized professions or any other occupations that require obtaining a permit to practice the profession. c. The job which the work will perform for the employer shall be in compliance with the establishment’s activity. d. The establishment’s license shall be valid with no record of violations that lead t…

Article (8) Freelance Work 1. Freelance work is an independent and flexible work system under which a natural person generates a direct income through providing his services for a limited period or to perform a task or provide a determined service, whether to individuals or establishments, provided that the natural person is not considered, under any circumstances, a worker of these individuals or establishments. 2. The Cabinet shall issue, based upon the Minister’s proposal, the necessary resolution that determine the procedures and controls of registration of freelance work performers in the Ministry’s systems and of obtaining, renewing, and cancelling a work permit, in order to ensure the…

Article (9) Activity of Recruitment Agencies 1. Subject to the provisions of Article (6) of the Decree-Law, the practice of any intermediary works or temporary recruitment and outsourcing (individually or collectively) shall be deemed as a practice of recruitment agencies activities, and the following definitions shall be applicable within the scope of recruitment agencies activities: a. Intermediation: to bring the views of both parties of the business together and whomever represents them, to negotiate the contractual terms on their behalf, and to hire for the purpose of establishing a labour relationship, without the agency becoming party to it. b. Temporary Employment and Outsourcing: hi…

Article (10) Employment Contract Subject to the provisions of Article (8) of the Decree-Law: 1. The employment contract shall include, in principal, the employer’s name and address, the worker’s name, nationality, date of birth, and what is needed to prove his identity, his qualifications, occupation or professions, date of joining work, place of work, working hours, rest days, probation period if available, term of the contract, the wage as agreed upon including benefits and allowances, length of the deserved annual leave, notice period, procedures of terminating the employment contract and any other data determined by the Ministry in accordance to what is required to regulate the relations…

Article (11) Grant of a New Permit after Employment Contract Expiry during the Probation Period Subject to the provisions of clauses (4) and (6) of Article (9) of the Decree-Law, the Ministry may exempt certain workers of the condition of not granting the work permit in accordance with the following controls: 1. The worker must have the skills, professional or knowledge levels needed by the State. 2. The worker who is sponsored by his parents.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 12 3. Holders of the golden residency. 4. Any professional categories pursuant to the needs of the labour market…

Article (12) Controls of the Non-Compete Clause 1. Subject to the provisions of Article (10) of the Decree-Law, in order to implement the non- compete clause stipulated in the contract, the following shall be determined: a. The geographical scope for the application of the clause. b. The clause period, provided that it does not two years from the contract’s expiry date. c. The work’s nature which causes gross damage to the employer’s legitimate interests. 2. In the event a dispute concerning the non-compete clause arises, and it has not been settled amicably, it shall be referred to the courts and the employer shall bear the burden of proving the damage. 3. The non-compete clause shall not b…

Article (13) Assignment of the Worker to do Another Work 1. Subject to the provisions of Article (12) of the Decree-Law, the worker may be assigned to perform another work that is fundamentally different in nature from his original work, as an exception called upon by necessity to prevent an accident or to repair a damage caused by the worker; and the maximum limit of the worker’s assignment to perform those activities shall be (90) Ninety days per annum. 2. During the application of clause (1) of this article, it is understood that fundamental difference shall mean that the work assigned to the worker is totally and naturally different from his profession or educational qualification.

Article (14) Work Regulations Subject to the provisions of Article (13) of the Decree-Law, establishments that employ (50) or more workers, shall set regulations to organize the work, such as a list of work instruction, penalties and promotions and bonuses and the procedures of terminating the labour relationship, and subject to following controls: 1. Develop the regulations in a manner that does not contradict with the provisions and rules stipulated in the Decree-Law, the provisions of this resolution and the legal regulations. 2. The list of penalties must include the penalties that may be imposed on violating workers, and the conditions and controls of its imposition. 3. The list of work…

Article (15) Working Hours Subject to the provisions of Article (17) of the Decree-Law: 1. The time periods, which the worker spends commuting between his place of residence and his workplace, shall counted as part of the working hours in the following circumstances: a. The period the worker spends inside the mode of transport in the event of bad weather and in response to the warnings by the National Meteorology Center concerning weather changes and fluctuations. b. The period the worker spends inside the mode of transport provided by the employer in the event of a traffic accident or sudden malfunction. c. The parties’ explicit agreement on such in the contract. 2. The normal working hours…

Article (16) Wages Subject to the provisions of Article (22) of the Decree-Law: 1. The employer shall commit to pay his workers’ wages on due dates and in accordance with the following conditions, controls, and procedures: a. The wages shall be paid on due dates and in the manner agreed upon in the contract and in accordance with the regulations and standards developed by the Ministry. b. All establishments registered with the Ministry shall pay its workers’ wages on their due date through the Wage Protection System or any other system approved by the Ministry. 2. The Ministry may take the necessary legal procedures and measures stipulated in the Decree- Law, this resolution, and legal regul…

Article (17) Failure to Enable the Worker to Perform His Work Subject to the provisions of Article (26) of the Decree-Law: 1. The employer shall commit to enabling the worker to perform his work, otherwise he shall be obliged to pay him the wage agreed upon. 2. If refraining from enabling the worker to perform his work is due to circumstances outside the employer’s will, the latter shall inform the worker of such circumstances and ensure the payment of his wage.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 16 3. If the worker wishes to leave his work, he shall notify the employer of such will, and i…

Article (18) Annual Leave of Workers Operating with the Part-Time Model Subject to the provisions of clause (2) of Article (29) of the Decree-Law, the worker employed under a part-time work model shall be entitled of an annual leave in accordance with the actual working hours the worker spends with the employer, and its duration shall be determined based upon the total working hours after converting it to working days, divided by the number of working days per annum, multiplied by the leaves determined by law, with a minimum limit of five working days per annum for annual leaves; and in calculating these due leaves, the part of a day shall be considered as a full day in accordance with the f…

Article (19) Carrying Forward the Annual Leave or Earning Cash Renumeration Instead Subject to the provisions of clauses (8) and (9) of Article (29) of the Decree-Law: 1. The worker may carry forward, into the following year, what does not exceed half of the annual leave or agree with the employer to receive its equivalent in cash in accordance with the wage he earns at the time the leave is due. 2. In the event the worker’s service is terminated, he shall be entitled to receive a cash equivalent of the balance of his annual leaves due by law in accordance with his basic salary.

Article (20) No Paid Sick Leave Resulting from the Worker’s Misconduct Subject to the provisions of Article (31) of the Decree-Law: 1. The worker shall not be entitled to a sick leave in the following circumstance: a. If the illness is a result of the Worker’s misconduct such as the consumption of alcohols or use of drugs. b. If the worker violates the special safety instructions in accordance with the enforced legislation in the State, such as the instructions in relation with crisis and disasters or roads and traffic regulations or any safety procedures and controls determined in the establishment’s regulations which the worker confirmed is awareness, understanding and commitment to it. 2.…

Article (21) Miscellaneous Leaves Subject to the provisions of Article (32) of the Decree-Law: 1. The worker may be granted a study leave to take tests, provided that he has obtained an academic acceptance from on the accredited institutions or university faculties in the State, indicating the type of studies, major and duration of the studies. The establishment may request a proof of the dates on which the tests were taken. 2. The national worker shall be entitled to a full-time leave to perform the national and reserve service, pursuant to the laws and regulations applicable in the State. 3. The worker shall be entitled to a mourning leave starting from the passing date provided that he su…

Article (22) Workers’ Safety, Protection and Health Care Subject to the provisions of Article (36) of the Decree-Law: 1. Every employer shall: a. Provide adequate prevention means to protect workers from the risks of occupation injuries and illnesses that may occur during working hours, as well as fire hazards and all other risks that may result from the use of machines and other work tools; he shall as well follow other prevention methods determined by the Ministry in this regard. b. Put in a prominent and visible place at work detailed and clear instructions concerning the means of fire prevention, protection of workers from risks they may be exposed to during performing their work, ways t…

Article (23) Work Injuries Subject to the provisions of Articles (37) and (38) of the Decree-Law: 1. The employer undertakes, in the event the worker suffers from an occupational injury or illness, to pay the costs of the worker’s treatment in accordance with the following conditions and controls: a. The worker shall be treated in any governmental or private health facility. b. The treatment cost shall be continuous until the worker’s recovery, or if his disability is proven. c. The treatment shall include the residence in the hospital, surgeries, x-ray photos and laboratory tests as well as the purchase of medications, rehabilitation equipment, and the supply of artificial limbs and prosthe…

Article (24) Controls for Imposing Disciplinary Penalties Against the Workers Subject to the provisions of Article (39) of the Decree-Law: 1. The disciplinary penalties shall be imposed on the workers, provided that the appropriate penalty is imposed in proportion with the severity and gravity of the committed violation, in accordance with the following criteria: a. The extent of the breach to the privacy of work-related data and information. b. The violation’s impact on the worker or workers’ health and safety operating 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 such vio…

Article (25) Termination of the Employment Contract due to the Employer’s Bankruptcy or Insolvency Subject to the provisions stipulated in Federal Decree-Law No. (9) of 2016 concerning Bankruptcy, and Federal Decree-Law No. (19) of 2019 concerning Insolvency and the provisions of clause (8) of Article (42) of the Decree-Law: 1. The employment contract shall be terminated in any of the following events: a. Issuance of a court judgment declaring the employer’s bankruptcy or insolvency in accordance with the applicable legislation in the State in this regard. b. Issuance of a decision from the concerned authorities stating the employer’s inability to resume his activity for exceptional economic…

Article (26) Controls of Serious Threat Subject to the provisions of clause (3) of Article (45) of the Decree-Law, the controls concerning serious threat at the workplace – which allows the worker to leave his employment without a prior notice – shall be as follows: 1. The presence of a possible source of ignition. 2. Exposure to electrical wires connected to a power source which may cause an electric shock or death. 3. Hazardous chemicals that may cause diseases. 4. Unusual temperatures that may cause burns. 5. Exposure to loud noises that may cause permanent hearing impairment. 6. Radiation that may cause a cancerous disease or blindness. 7. Biological threats that may cause illnesses.

Article (27) Transfer of Workers Subject to the provisions of Article (49) of the Federal Decree-Law: 1. The worker may, upon expiry of his employment contract in accordance with the provisions of the Federal Decree-Law, transfer to work for another employer in accordance with the following conditions and situations: a. If the contract’s term, agreed upon between the parties, has expired without being renewed. b. If the contract is termination while still in force in accordance with what is stipulated in Articles (42) and (45) of the Federal Decree-Law. 2. The Minister may issue a resolution determining the procedures of the worker’s transfer determined in this article.

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Cabi…

Article (28) Controls for Reporting the Worker’s Absence from Work Subject to the provisions of Article (50) of the Decree-Law: 1. The employer shall notify the Ministry of the worker’s absence from work in accordance with the following controls and procedures: a. The absence from work shall be for more than (7) consecutive days, without the employer’s knowledge of the worker’s whereabouts or the means of communication with him. b. The absence from work form shall be completed in accordance with the procedures determined by the Minister. 2. In the event the worker is absent from work, for an unjustified reason, before the expiry of the contract’s term, he shall not be granted another work pe…

Article (29) Controls for the Deduction from the Workers’ End of Service Pay 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 service pay any amount, due by virtue of the law or a court judgment, in accordance with the following conditions and procedures:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 26 a. The amounts owed by the worker that are necessary for the repayment of loans or amounts paid in excess to what he is entitled to. b. The repayment of amounts deducted for the calculation of contribution to pensions and in…

Article (30) End of Service Pay for Workers Subject to Other Work Models Subject to the provisions of Article (52) of the Decree-Law, the end of service pay for workers operating under a part-time or employment sharing model, and not under a full-time model, shall be calculated as follows: 1. The annual number of working hours stipulated in the employment contract divided by the annual number of working hours under a full-time contract, multiplied by 100 equals the percentage multiplied by the value of the end of service pay under a full-time employment contract. 2. The end of service pay shall not be applicable in the event of operating under a temporary employment model or if its duration…

Article (31) Individual Labour Disputes Subject to the provisions of Article (54) of the Decree-Law: 1. In the event a dispute arises between the employer and the worker, or anyone claiming through them, concerning any of the rights entitled to any of them pursuant to the provisions of the Decree-Law, an application concerning the same shall be submitted to the Ministry who examines the application and take what it deems necessary to resolve the dispute amicably. 2. In the event the amicable resolution of the dispute is not achievable, the Ministry shall refer the dispute to the competent court within (14) Fourteen days as of the application date, and the referral shall be appended with a me…

Article (32) Collective Labour Disputes Subject to the provisions of Article (59) of the Decree-Law: 1. If a dispute arises between the employer and all the workers or a group of them, and both parties fail to resolve it amicably, the claimant must submit a claim in accordance with the following controls and procedures: a. The claim must be submitted through the channels determined by the Ministry. b. Identifying the type and value of the claims. c. The claim must be submitted within two weeks from when the dispute started.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 28 2. The Ministry may address…

Article (33) Procedures of Work Inspection Subject to the provisions of Article (57) of the Federal Decree-Law: 1. Work inspection shall be performed by competent inspectors from the Ministry’s employees, and they shall have the following capacities and functions: a. Monitor the proper execution of provisions of the Decree-Law, this resolution, and the legal rules, and particularly those related to labour conditions, wages, and workers’ prevention and protection while performing their work. b. Provide employers and workers with information and technical guidance that enable them to follow the best means to execute the provisions of the Decree-Law and this resolution. 2. The acts committed in…

Article (34) Administrative Penalties Subject to the provisions of Articles (58), (59), (60), (61), (62), (63) and (64) of the Federal Decree- Law, and in the event of a violation to the provisions stipulated in the Federal Decree-Law and in this resolution, the Ministry shall be granted the capacity of imposing administrative penalties as stipulated in Article (3) of Federal Law No. (14) of 2016 referenced in the Federal Decree-Law.

Article (35) Procedures of Grievances Against the Ministry’s Resolutions Subject to the provisions of Article (69) of the Federal Decree-Law, both parties to the labour relationship may file a grievance against resolutions issued by the Ministry in accordance with the following procedures: 1. The application must be submitted through the channels determined by the Ministry to the Grievances Committee within (30) thirty days from the date of knowing of the resolution. 2. The grievance application must be complete and inclusive all the data and documents supporting the application.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Re…

Article (36) Emergency Situations Subject to the provisions of the Federal Decree-Law: 1. It is permissible, during exceptional emergency situations which are determined by virtue of a resolution issued by the Cabinet, to implement working mechanism suitable with the conditions of such situations, during which the interest of all parties to the labour relationship is considered; such mechanisms may include for example, but not limited to: a. Implementation of working remotely. b. Granting the worker a paid leave. c. Granting the worker an unpaid leave. d. Reduction of the worker’s wage. 2. Without prejudice to what is stipulated in clause (1) of this article, the Minister shall issue the res…

Article (37) The Minister shall issue the resolutions necessary for executing the provisions of this resolution.

Article (38) Any provision, contradicting or conflicting with the provisions of this resolution, shall be repealed.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law of 2021 Regulating Labour Relations 31

Article (39) This resolution shall be published in the Official Gazette and shall come into force as of 02 February 2022. Mohammed bin Rashid Al-Maktoum Prime Minister Issued by us, On: 02 Rajab 1443 A.H. Corresponding to: 03 February 2022 AD

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