قانون العمل / التوظيف في الإماراتقرار مجلس الوزراء بشأن آليات وضوابط تنفيذ نظام التأمين ضد التعطل عن العمل

Article (1) Definitions The definitions listed in the Federal Decree-Law No. (13) of 2022, referred to herein above, shall apply to this resolution. In addition, the following words and expressions shall bear the meaning ascribed thereto, unless the context requires otherwise. Basic Insurance Package : The package that grants compensation to the insured at (60%) of the contribution salary as described in this resolution, without any additional benefits.

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 2 Subscription Salary : The basic monthly wage of the worker or the monthly basic salary of the employee, based…

Article (2) Insurance Scheme's Scope of Application All workers/employees of the Federal Government and Private Sectors shall subscribe to the Unemployment Insurance Scheme through purchasing an insurance policy whereby the insured insures himself in the event of termination of his service in accordance with the relevant cases of eligibility, with the exception of the following categories: 1. Investor (The person owning and working at the establishment); 2. Domestic Workers; 3. Temporary contract workers; 4. Juveniles under the age of (18) eighteen; 5. Citizens who have fulfilled the conditions for superannuation, or the retirees who receive a retirement pension and have joined a new job.

Article (3) Insurance Packages Without prejudice to the legislation and procedures applicable by the Central Bank, it is necessary to obtain the Ministry’s prior approval for the insurance packages offered by the service provider in accordance with Federal Decree-Law No. (13) of 2022 referred to hereinabove.

Article (4) Service Provider Requirements In order for the service provider to obtain the approval of the Ministry for providing unemployment insurance services, the service provider shall be required to: 1. Be an insurer licensed by the Central Bank;

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 3 2. Have a rating of not less than the minimum rating specified in the table below, or an equivalent rating from other international rating agencies recognized by the Central Bank, in accordance with the latest rating issued by the accrediting body. Standard and Poor Moody's AM Best Fitch Rating BBB Baa B+ BBB 3. B…

Article (5) Service Providers Obligations The service provider shall conclude with the Ministry an unemployment Insurance Service Agreement that sets out the following details: 1. The service provider's obligations vis-à-vis the insured; 2. The governance mechanisms for collecting the required insurance premiums; 3. The mechanisms for compensating the eligible insured persons; 4. Maintaining data confidentiality; 5. Standards and levels of service required from the service provider; and 6. Any other obligations defined by the Ministry.

Article (6) Insurance Premium Collection Mechanism 1. The service provider shall issue the insurance policy of the insured for a period of not less than (12) twelve months. 2. Subscription shall be done, and insurance premiums shall be collected in accordance with the mechanism to be established by a resolution of the Minister. 3. The insured may select the mechanism and the periodicity deemed appropriate for the payment of the insurance premiums specified in the approved insurance policy and according to the mechanisms specified by the Minister.

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 4

Article (7) Subscription Values 1. The insured shall pay the value of the basic insurance package premium in accordance with the subscription salary value as follows: a. The first insurance category: up to (AED 5) (five dirhams) per month, if the subscription salary is (AED 16,000) (sixteen thousand dirhams) or less; and b. The second insurance category: up to (AED 10) (ten dirhams) per month, if the subscription salary exceeds (AED 16,000) (sixteen thousand dirhams). 2. The Cabinet may, based on the proposal of the Minister, amend the value of subscription and the prescribed compensation values, and introduce new categories.

Article (8) Security for Insurance Premiums Payment 1. Should the worker/employee fail to subscribe to the unemployment insurance scheme, or should the insured fail to pay the prescribed insurance premium for (3) three months from the due date of the underlying premium, [he] shall not benefit from the Scheme, and, in which case, [he] shall subscribe or re-subscribe by purchasing a new insurance policy the becomes effective as of the date of purchase. In addition, [he] shall pay all the amounts due plus a fine to be collected by the Ministry in the amount of (AED 400) four hundred dirhams in case of the worker's/employee's failure to subscribe to the Scheme, and (AED 200) two hundred dirhams…

Article (9) Conditions for Benefiting from Insurance Coverage Without prejudice to Article (5) of Federal Decree Law No. (13) of 2022 referred to hereinabove, the insured shall be entitled to benefit from the insurance coverage if the following conditions are met: 1. That term of the contribution of the insured is not less than (12) consecutive months in the unemployment insurance scheme; 2. That the insured has paid all the insurance premiums in accordance with the periodicity he has determined; 3. That the insured has provided evidence to that he is unemployed for any reason other than his resignation. 4. That the insured has not been dismissed from work for disciplinary reasons under the…

Article (10) Compensation Value 1. The compensation shall be paid on monthly basis at (60%) of the subscription salary for up to (3) three months for each claim from the start date of unemployment, so that the value of compensation does not exceed (AED 10,000) ten thousand dirhams for the first category and (AED 20,000) twenty thousand for the second category. 2. The maximum period for benefiting from the compensation within the term of service of the insured within the labor market in the State shall not exceed (12) twelve months.

Article (11) Additional Benefits The insured may subscribe to additional benefits of the basic package through coordination with the service provider.

Article (12) Compensation Claim Mechanism The insured shall submit the claim to the service provider within (30) thirty days from the termination date of employment relationship, by filing an application to benefit from unemployment insurance scheme in accordance with the mechanism specified under a resolution of the Minister and accompanied by the documents evidencing the insured's eligibility for compensation.

Article (13) Obtaining Compensation from the Service Provider In case the insured is eligible for compensation, the service provider shall pay the compensation not later than two weeks from the date of receiving the claim that is compatible with the established standards and the eligibility conditions. In addition, the service provider shall transfer the compensation amount to the account of the insured in accordance with the method prescribed by the insured. The insurance

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 7 coverage shall be paid under this scheme in addition to any other insurance coverage by v…

Article (14) Unemployment Insurance Scheme Governance Procedures 1. The service provider shall process the insurance claims in accordance with the controls and conditions set out in the insurance policy and the legislation of the Central Bank in force. The 1 Ministry shall notify the Central Bank should the service provider violate the conditions and controls of the insurance policy, so that the disputes arising from the policy shall be settled in accordance with the mechanism established by the Central Bank. 2. The Ministry shall perform the periodic review of the Basic Agreement, the annexes of the Basic Agreement, the value of the insurance premiums and the channels to access to the servi…

Article (15) General Provisions 1. If it is established that the insured has provided incorrect data on the subscription salary, his contractual relation with his employer or the circumstance surrounding the termination of his service, the service provider shall be entitled to recover the full compensation amount disbursed to the insured, without prejudice to any penalties imposed on the insured under the legislation applicable in the State. 2. If the employer's collusion with the employee to obtain the benefits of unemployment insurance is established, without prejudice to carrying out the necessary measures to impose the penalties stipulated in the laws and resolutions in force in the Stat…

Article (16) Federal Government Employees The Federal Authority for Government Human Resources shall, in coordination with the Ministry of Finance, implement the provisions of this resolution as regards the employees of the Federal Government.

Article (17) Subscription to the Scheme 1. The persons governed by the provisions of Federal-Law No. (13) of 2022 referred to herein above shall subscribe to the Unemployment Insurance Scheme within a 4-month period from the date of entry into force hereof. 2. The Minister of Human Resources and Emiratization is hereby authorized to extend the time limit referred to in Paragraph (1) of this article in accordance with the requirement for regulating the labor market.

Article (18) Publication and Entry into Force This Resolution shall be published in the official gazette and shall enter into force as of the day following the date of its Publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: On: 18 Rabi' Al Awwal 1444 AH Corresponding to: 14 October 2022 AD

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