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 on which the insurance premium and the compensation sum are calculated.

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. Be financially solvent according to the Central Bank's requirements; 4. Have a governance structure that satisfies the requirements of the Central Bank; 5. Provide a proof that it is providing a high-quality and efficient service; and 6. Provide a proof that it has the systems, mechanisms and digital channels required for providing the service to those insured on the Scheme.

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 in the event of the insured's failure to pay the prescribed insurance premiums for more than (3) three months. These amounts shall be collected as follows: a. By way of deduction from the insured's account designated for receiving his wage as shown the Wages Protection System or any other alternative systems; or b. By way of deduction from end of service gratuity or any other alternative schemes. 2. The Minister shall set the timeframes for the registration of the insured and his subscription to the Scheme, in addition to the controls and procedures required to

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 5 ensure his commitment to the payment of the premiums and fines related to the insurance policies and may allow the insured to pay the amount in installments or exempt him from the fines referred to in this article.

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 provisions of the applicable legislation regulating labor relation in the Private Sector and Human Resources in the Federal Government. 5. That the claim is submitted within (30) thirty days from the date of the termination of employment relationship or the determination of the labor claim referred to the court; 6. That no pending complaint for absence from work has been filed against the insured; 7. That the claim for compensation is not based on cheating or fraud and that the establishment in which he works is not a fictitious one; 8. The loss of work is not the result of non-peaceful labor disturbances or interruptions, whether they resulted in damage or not; 9. That the insured is residing in the State legally

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 6

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 virtue of other insurance policies held by the insured.

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 service, and in line with this, it shall do the measures required to ensure the optimal implementation of this resolution. 3. The service provider shall provide the technical reports related to unemployment insurance service, update the Ministry on the movement of the premium accounts and deliver the amounts due to the insured on a monthly basis.

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 State, an administrative fine shall be imposed on the establishment by the Ministry in the amount of (AED 20,000) twenty thousand dirhams per case.

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Cabinet Resolution of 2022 Concerning the Mechanisms and Controls of Implementing the Unemployment Insurance Scheme 8 3. The courts of the United Arab Emirates shall have exclusive jurisdiction to hear and adjudicate on any dispute arising from the implementation of the unemployment scheme, which shall be subject to the laws and legislation in force in the United Arab Emirates.