قانون العمل / التوظيف في الإماراتمرسوم بقانون اتحادي بشأن تنظيم علاقات العمل

Article (1) Definitions In application of the provisions of this Decree by law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State : United Arab Emirates Ministry : Ministry of Human Resources & Emiratisation. Minister : Minister of Human Resources & Emiratisation. Private Sector : Companies, institutions, establishments, or any other entities wholly owned by individuals or jointly with the federal or local government, and companies and establishments wholly owned by the federal or local government unless their Articles of Associations stipulate that they are subject to the provisions of another law. Establishment :…

Article (18) Consecutive Working Hours The worker may not work for more than five (5) consecutive hours without a rest period or periods amounting in aggregate to not less than one hour. Working hours and rest periods shall be regulated in the Establishment that operates on the shift system, or for some job categories according to their nature - such as field jobs - and according to the labor classification specified in the Executive Regulation of this Decree by law.

Article (19) Overtime 1. The Employer may require the Worker to work for additional working hours beyond the normal working hours, provided that they do not exceed two hours per day, and he may not be required to work for more than that except in accordance with the conditions and controls specified in the Executive Regulation of this Decree by law. In all cases, the total working hours shall not exceed one hundred and forty-four (144) hours every (3) three weeks. 2. If circumstances of work require that the Worker works for more than the normal working hours, the extra time shall be considered overtime, for which the Worker shall receive a wage equal to that corresponding to his normal work…

Article (20) Excluded Labor Categories The Executive Regulation of this Decree by law shall determine the categories of laborer’s that may be exempted from the provisions regarding working hours contained in this Decree by law.

Article (21) Weekly Rest The worker shall be granted a paid weekly rest not less than one day, according to what is specified in the employment contract or the work organizational regulation. It is permissible by a Cabinet resolution to increase the weekly rest day stipulated in this Article.

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Article (22) Determining the Amount or Type of Wage and Paying It 1. The amount or type of wage shall be specified in the employment contract, and if it is not specified therein, the competent court shall determine it as a labor dispute. 2. The Employer is obligated to pay the wages to his Workers on their due dates in accordance with the systems approved in the Ministry and the conditions, controls and procedures specified in the Executive Regulation of this Decree by law. 3. The wages shall be paid in AED, and they can be paid in another currency if it is agreed upon between the parties in the employment contract.

Article (23) Method of Calculating Wages for Workers on Piecemeal Basis The daily wage of Workers who receive their wages on piece-meal basis is calculated according to the average of what the Worker received for the actual working days during the six (6) months preceding the request or the lawsuit regarding any matter related to the wage.

Article (24) Transferring Monthly Wage Worker to Other Categories A worker with a monthly wage may be transferred to the category of day workers or workers appointed for a weekly, piece-meal or hourly wage, if the Worker agrees to this in writing, and without prejudice to the rights acquired by the worker during the period he spent working for monthly wage.

Article (25) Cases of Deduction from Worker's Wage 1. No amount of money shall be deducted from the Worker's wage except in the following cases: a. Recovering loans granted to the Worker, within the maximum monthly deduction rate from the Worker's wage stipulated in this Article, after obtaining the Worker's written

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 19 consent, and without any interests. b. Recovering the amounts paid to the Worker in excess of his entitlements, provided that the amount deducted shall not exceed twenty percent (20%) of the wage. c. Amounts deducted for the purposes of calculating contributions to bonuses, retirement…

Article (26) Enabling Worker to Perform His Work 1. The wage shall be in exchange for the work, and the Employer is obligated to enable the Worker to perform his work, otherwise he is obligated to pay his wage agreed upon. 2. The Executive Regulation shall determine the procedures for the Worker's leaving work in the event that he is not able to perform the work agreed upon in the employment contract.

Article (27) Minimum Wage The Cabinet may, upon the proposal of the Minister and in coordination with the Concerned Authorities, issue a resolution setting the minimum wage for Workers, or any category of them.

Article (28) Official Holidays and Requiring Worker to Work Therein 1. The Worker is entitled to an official leave with full pay on the official holidays to be determined by a Cabinet resolution. 2. If circumstances of work necessitate that the Worker works in any of the official holidays, the Employer shall compensate him with another rest day for each day in which he works during the holiday, or with payment of the wage for that day according to the wage established for normal business days, plus an increase not less than fifty percent (50%) of the basic wage for that day.

Article (29) Annual leave 1. Without prejudice to the Worker's rights acquired for the period preceding the date of enforcement of the provisions of this Decree by law, the Worker shall be entitled to an annual leave with full pay of not less than: a. Thirty days for each year of his extended service.

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 21 b. Two days for each month if his service period is more than six months and less than one year. c. A leave for parts of the last year he spent at work, in the event that his service ends before using his annual leave balance. 2. The part-time Worker is entitled to an annual leave according to the a…

Article (30) Maternity Leave 1. The female Worker shall be entitled to maternity leave of (60) sixty days, according to the following: a. The first forty-five (45) days with full pay. b. The following fifteen (15) days with half pay. 2. The female Worker may, after using her maternity leave, be absent work without pay for a period not exceeding forty-five (45) consecutive or intermittent days, if such absence is due to an illness suffered by her or her child as a result of pregnancy or childbirth and that does not enable her to return to her work. Said illness shall be proven by a medical certificate issued by the Medical Authority, and this period shall not be included in the period of serv…

Article (31) Sick Leave 1. If the Worker suffers an illness that is not caused by a work injury, he must inform the Employer or his representative of his illness, within a period not exceeding three (3) business days and submit a medical report on his condition issued by the Medical Authority. 2. The Worker is not entitled to a paid sick leave during the Probation Period, but the Employer may grant him a sick leave without pay, based on a medical report issued by the Medical Authority that includes the necessity of granting the leave. 3. After the Probation Period, the Worker may receive a sick leave of no more than (90) ninety consecutive or intermittent days per year, provided that it shal…

Article (32) Various holidays 1. The Worker is entitled to a paid leave in the following cases: a. A mourning leave of five (5) days, in the event of the death of the spouse; and Three (3) days in the event of the death of the mother, father, son, brother, sister, grandson, grandfather or grandmother, starting as of the date of death. b. Parental leave for a period of (5) five working days, for the Worker (whether the father or the mother) who has a child, to care for his child, to be enjoyed, continuously or intermittently, within a period of six (6) months as of the date of the child's birth. c. Any other leaves determined by the Cabinet. 2. The Worker may be granted a study leave for a pe…

Article (33) Leave Without Pay 1. The Worker may, upon the approval of the Employer, obtain leave without pay, other than those referred to in this Decree by law. 2. The leave referred to in this Article shall not be included in the Worker's period of service with the Employer or within the period of contribution to the retirement system in accordance with the legislation in force in this regard.

Article (34) Absence After Leave The Worker who does not return directly to work without a legitimate reason after the end of his leave shall not be entitled to his wage for the period of absence following the end of the leave.

Article (35) Effecting the Warning Period in the Event of Termination of the Contract During the Leave Period In the event that either party to the employment contract desires to terminate the contract in accordance with the provisions of this Decree by law and its Executive Regulation, during the period of the Worker's leave, the period of warning agreed upon in the employment contract shall not start to take effect, except as of the day following the scheduled return of the Worker from leave, unless agreed otherwise by both parties.

Article (36) Occupational Care and Safety Establishments shall abide by the provisions contained in Federal Law No. (13) of 2020 Concerning Public Health and all resolutions issued in implementation thereof, and any other legislation issued in this regard. The Executive Regulation of this Decree by law shall define the role of the Ministry and the provisions relating to Workers' safety, protection and health

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 26 care.

Article (37) Compensation for Work Injuries and Occupational Illness 1. A Cabinet resolution shall be issued, upon a proposal by the Minister and in coordination with the Concerned Authorities, to specify work injuries and occupational illness, the conditions and procedures to be followed in the event of any of them occurring, the Employer's obligations in this regard, the amount of compensation due to the Worker in the event of total permanent or partial permanent disability, the compensation due to his family in the event of his death, and the rules for its distribution and the amount thereof. 2. In the event that the Worker suffers a work injury or an occupational illness, the Employer sh…

Article (38) Cases Where the Worker Is Not Entitled to Work Injury Compensation The Worker shall not be entitled to compensation for a work injury, if it is proven through the investigations of the competent authorities that any of the following cases have been achieved: 1. The Worker deliberately injured himself for any reason. 2. The injury occurred under the influence of alcohol, narcotics, or other psychotropic substances. 3. The injury occurred as a result of an intentional violation of the preventive instructions displayed in visible places in the workplace, as determined by the Executive Regulation of this Decree by law. 4. The injury occurred as a result of wilful misconduct on the p…

Article (39) Disciplinary Sanctions 1. The Employer or his representative may impose any of the following sanctions on the Worker who violates the provisions of this Decree by law, its Executive Regulation and the resolutions issued in implementation thereof: a. Written caution. b. Written warning. c. Deduction from the wage not exceeding the wages of five (5) days per month. d. Suspension from work for a period not exceeding fourteen (14) days, and non- payment of wages for the days of suspension. e. Deprivation of the periodic raise for a period not exceeding one year, for Establishments that adopt the system of periodic raises, which the Worker is entitled

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Federal Decree…

Article (40) Suspension of Work 1. The Employer may suspend the Worker temporarily from work for a period not exceeding thirty (30) days, with the aim of conducting a disciplinary investigation with him if the interest of the investigation so requires, with a suspension of half the wage during the suspension period. If the investigation ends with being reserved, finding no violation, or giving the Worker a warning sanction, the wage suspended during the suspension period shall be paid to him. 2. The Employer may suspend the Worker temporarily when he is accused of committing a crime of physical assault or robbery of property or other crimes such as the abuse of honesty or breach of trust, un…

Article (41) Certain Controls for Imposing Disciplinary Sanctions 1. No disciplinary sanction may be imposed on the Worker for an act committed outside the workplace unless it is related to work. 2. It is not permissible to impose more than one disciplinary sanction for a single violation, in accordance with the provisions of Article (39) of this Decree by law.

Article (42) Cases of Termination of the Employment Contract The employment contract shall be terminated in any of the following cases: 1. If the parties agree in writing to terminate it. 2. Upon the expiry of the period specified in the contract unless it is extended or renewed in accordance with the provisions of this Decree by law. 3. At the request of one of the parties, provided that the provisions of this Decree by law regarding the termination of the employment contract and the warning period agreed upon in the contract are abided by. 4. The death of the Employer if the subject of the contract is related to his person. 5. The death of the Worker or his total permanent disability, as p…

Article (43) Employment Contract Termination Warning 1. Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and commits to work within the warning period agreed upon in the contract, provided that the period is not less than thirty (30) days, and not more than ninety (90) days. 2. The employment contract shall remain effective for the duration of the warning period referred to in this Article, and end upon the expiry of the period, and the Worker shall be entitled to his full wage for that period according to the last wage received thereby, and he must work during that period if the Employer asks…

Article (44) Cases of Dismissal of Worker Without Warning The Employer may dismiss the Worker without warning, after conducting a written investigation with him, and the decision to dismiss shall be in writing and reasoned, and the Employer or his representative shall hand it to the Worker in any of the following cases: 1. If it is proven that the Worker impersonates another person or has submitted false certificates or documents. 2. If the Worker makes a mistake that results in a grave material loss to the Employer, or if the Worker deliberately harms the property of the Employer and acknowledges the same, provided that the latter shall inform the Ministry of the incident within seven (7) b…

Article (45) Cases of Worker Leaving Work Without Warning The Worker may leave work without warning while retaining his rights upon termination of service in any of the following cases: 1. If the Employer breaches his obligations towards the Worker stipulated in the contract, this Decree by law, or the resolutions issued in implementation thereof, provided that the Worker notifies the Ministry fourteen (14) business days prior to the date of leaving work, and that the Employer has not removed the effects resulting from such breach although he had been notified by the Ministry. 2. If it is proven that the Employer or his legal representative has assaulted the Worker or subjected him to violen…

Article (46) Termination of service due to medical unfitness The Employer may not terminate the Worker's service for lack of health fitness, before he has completed the leaves legally entitled to him, and any agreement to the contrary shall be void, even if it has been concluded before the provisions of this Decree by law come into force.

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Article (47) Unlawful Termination of Worker's Service 1. The termination of the Worker's service by the Employer shall be unlawful if the termination of the Worker's service is due to his filing a serious complaint to the Ministry or filing a case against the Employer that has been proven to be true. 2. The Employer is obligated to pay a fair compensation to the Worker estimated by the competent court, if it is proven that the dismissal is unlawful in accordance with Clause (1) of this Article. The amount of compensation shall be determined taking into account the kind of work, the amount of damage incurred by the Worker and the duration of his service. In all cases, the amount of compensati…

Article (48) Continuity of Employment Contracts Employment contracts in force at the time of a change in the form or legal status of the Establishment shall remain effective, and the new Employer shall be responsible for implementing the terms of those contracts, in addition to implementing the provisions of this Decree by law and its Executive Regulation and the resolutions issued in implementation thereof, as of the date of amending the Establishment's data with the Competent Authorities.

Article (49) Transfer of Worker After End of the Employment Contract In the event of the end of the employment contract in accordance with the provisions of this

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 34 Decree by law, the Worker may move to work for another Employer in accordance with the conditions and procedures specified in the Executive Regulation of this Decree by law.

Article (50) Unlawful Absence from Work 1. If the foreign Worker is absent from work, for no legitimate reason, before the end of the contract period, no other work permit shall be granted thereto to join other work in the State in accordance with the provisions of this Decree by law, for a period of one year as of the date of the absence from work. Also, no other Employer who knows of the foregoing may employ him or keep him in his service during that period. 2. The Ministry may exempt some job categories, skill levels, or labor from the provisions of Clause (1) of this Article, in accordance with the controls and procedures specified by the Executive Regulation of this Decree by law. 3. Th…

Article (51) End-of-Service Gratuity for Full-Time Workers 1. The national Worker is entitled to an end-of-service gratuity upon the end of his service, in accordance with the legislation regulating pensions and social security in force in the State. 2. The foreign full-time Worker, who has completed one or more years of continuous service, is entitled to an end-of-service gratuity upon the end of his service, calculated according to the basic wage, as follows: a. The wage of twenty-one (21) days for each year of the first five years of service. b. The wage of thirty (30) days for each year in excess of that. 3. The foreign Worker is entitled to a bonus for parts of the year in proportion to…

Article (52) End-of-Service Gratuity for Workers of Other Types of Work The Executive Regulation of this Decree by law shall define the mechanism for regulating the end-of-service gratuity for foreign Workers in work types other than full-time, in a manner that enhances the efficiency and attractiveness of the labor market, and what the interests of both parties to the employment contract require.

Article (53) Payment of Worker's Entitlement at the End of the Contract The Employer shall pay the Worker, within fourteen (14) days as of the date of the end of the contract, his wages and all other entitlements stipulated in this Decree by law and the

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 36 resolutions issued in implementation thereof, the contract or the Establishment's Articles of Association.

Article (54) Individual Labor Disputes 1. If the Employer, Worker or any beneficiary thereof disputes concerning any of the rights entitled to any of them pursuant to the provisions of this Law by Decree, he shall apply to the Ministry that shall examine the application and take whatever is consid- ered necessary for amicable settlement of dispute. 2. The Ministry shall resolve the dispute by a resolution whenever the value of the claim subject to the dispute does not exceed the amount of (50,000) fifty thousand AED, or whenever the dispute concerns the failure of either party to comply with the amicable settlement resolution previously issued on the subject by the Ministry, regardless of th…

Article (55) Exemption from Judicial Fees 1. Labor lawsuits shall be exempted from judicial fees at all stages of litigation and execution, as well as the requests submitted by Workers or their heirs of which value does not exceed one hundred thousand (100,000) AED. 2. The Cabinet may - upon the proposal of the Minister of Justice - amend the value referred to in Clause (1) of this Article, by increase or decrease, whenever necessary.

Article (56) Collective Labor Disputes 1. If the Employer and all Workers of the Establishment or a group of them have a dispute, and an amicable settlement is not possible, the Employer or Workers must submit a

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 38 complaint to the Ministry in accordance with the controls and procedures specified in the Executive Regulation of this Decree by law. 2. The Minister may impose administrative procedures or measures on the Establishment, to avoid that the existing collective dispute may harm the public interest. 3. The Cabinet may - upon the proposal of the Minister - form one or more committees called (t…

Article (57) Labor Inspection 1. The Ministry's staff, who are authorized by a decision issued by the Minister of Justice in agreement with the Minister, shall have the capacity of judicial enforcement in proving what is in violation of the provisions of this Decree by law and its Executive Regulation and decisions issued in implementation thereof. They shall have the right to enter the relevant establishments, detect violations, and issue the necessary reports. 2. The Executive Regulation of this Decree by law shall define labor inspection procedures.

Article (58) Penalties The application of the penalties stipulated in this Decree by law shall not prejudice any severer penalty stipulated by any other law.

Article (59) A fine not less than (20,000) AED and not exceeding (100,000) AED shall be imposed on any person who: 1. Provides incorrect information or documents with the intention of recruiting a foreigner

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Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 39 to the State to work therein. 2. Obstructs or prevents a Worker assigned to implement the provisions of this Decree by law and its Executive Regulation and the resolutions issued in implementation thereof or attempts or starts to attempt to prevent him from performing his job, whether by using force, violence, or by threatening to use force or violence. 3. Discloses a work secret that he has h…

Article (60) 1. A fine not less than on hundred thousand AED (100,000) and not exceeding two million AED (1,000,000) shall be imposed on any person who: a. Employs a Worker with no permit to work for him. b. Recruits or employs a Worker, and leaves him unemployed. c. Uses work permits for purposes other than those for which they are issued. d. Closes an Establishment or suspends its activity without taking the procedures for set- tling the rights of Workers, in violation of the provisions of this Law by Decree, its Ex- ecutive Regulation and the resolutions issued in implementation thereof. e. Employs a juvenile in violation of the provisions of this Law by Decree. f. Agrees to employ a juve…

Article (61) A penalty of imprisonment for a period not less than one year and/or a fine not less than two hundred thousand (200,000) AED and not exceeding one million (1,000,000) AED shall be imposed on any person who exploits or misuses the electronic powers granted thereto to access the Ministry's systems, or enables others to do so, resulting in a disruption in the labor procedures or relations.

Article (62) The fine imposed in accordance with the provisions of this Decree by law shall be repeatedly imposed on Employers according to the number of Workers against whom the violation is committed, not exceeding ten million (10,000,000) AED.

Article (63) A fine not less than five thousand (5,000) AED and not exceeding one million (1,000,000) AED shall be imposed on any person who violates any other provision of this Decree by law, its Executive Regulation and the resolutions issued in implementation thereof.

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Article (64) In the event of repetition of any of the violations referred to in this Decree by law and its Executive Regulation and resolutions issued in implementation of it, before the lapse of one year as of the previous judgment against the perpetrator for a similar violation, the perpetrator shall be punished by imprisonment and/or double the fine stipulated in this Decree by law.

Article (65) Final Provisions 1. The rights stipulated in this Decree by law represent the minimum rights for Workers, and the provisions thereof shall not prejudice any of the rights granted to the Worker under any other legislation, agreement, acknowledgment, system, or employment contract that grants the Worker rights that are more beneficial than the rights established under the provisions of this Decree by law. 2. An Employer or Worker may not misapply the provisions of this Decree by law, its Executive Regulation, and the resolutions issued in implementation thereof. Neither of them may do any act that would pressure the freedom of the other or the freedom of other Workers or Employers…

Article (66) Adopted Language 1. Arabic shall be the language adopted in all records, files, data, forms, and others stipulated in this Decree by law, its Executive Regulation and the resolutions issued in implementation thereof. 2. The Employer is obligated to use Arabic in concluding contracts with Workers, and in writing and publishing instructions and circulars that he is obligated to issue; provided that, besides Arabic, another language understood by the non-Arabic speaking Worker shall be used, and the text in the other language shall match the Arabic text, and in the event case of dispute, the Arabic text shall prevail.

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Article (67) Calculation of Periods and Dates The periods and dates referred to in this Decree by law shall be calculated according to the Gregorian calendar; and in the implementation of this Decree by law, a calendar year shall be deemed as three hundred and sixty-five (365) days, and the month shall be deemed as thirty (30) days.

Article (68) Regularization 1. The provisions of this Decree by law shall apply to indefinite-term employment contracts concluded in accordance with the aforementioned Federal Law No. (8) of 1980. 2. Employers must rectify their situation and convert indefinite-term employment contracts into fixed-term employment contracts, in accordance with the conditions, controls and procedures stipulated in this Decree by law within one year as of the date of its entry into force; and the Minister may extend this period for other periods as required by the public interest. 3. Subject to the provisions of Clause (2) of this Article, the Employer may calculate the end- of-service gratuity in accordance wi…

Article (69) Grievance Against Ministry's Decisions The parties to the labor relation may file a grievance against the decisions issued by the Ministry in accordance with the procedures specified in the Executive Regulation of this Decree by law.

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Article (70) Powers of the Cabinet For the purposes of this Decree by law, the Cabinet shall: 1. Approve the conditions, controls, and procedures for classifying the Establishments subject to the provisions of this Decree by law, and the privileges offered for each category of these Establishments. 2. Approve the conditions, controls and procedures for classifying the skill levels of laborers in the labor market subject to the provisions of this Decree by law, and the privileges offered for each level. 3. Approve the conditions, controls and procedures for employing students of educational institutions accredited in the State, in a manner that enhances the efficiency of the labor market and…

Article (71) Competences of the Ministry For the purposes of this Decree by law, the Ministry shall: 1. Propose policies, strategies and legislation regarding the following: a. Encouraging and motivating Establishments to invest in training and empowering Workers, and raising their skill level, efficiency, and productivity. b. Adopting modern and technological techniques and attracting the best competencies according to the requirements of the labor market in the State to raise productivity. c. Training students of public and higher education institutions accredited in the State. 2. Developing unified models for the organizational regulations for labor relations in Establishments and issuing…

Article (72) The Executive Regulation The Cabinet shall - upon the proposal of the Minister - issue the Executive Regulation of this Decree by law.

Article (73) Repeals 1. Federal Law No. (8) of 1980 Regulating the Labor Relations shall be redeemed. 2. Any provision that violates or contradicts the provisions of this Decree by law is hereby repealed. 3. The resolutions, systems, and rules in force before the entry into force of the provisions of this Decree by law shall remain in force in a manner that does not conflict with its provisions until the issuance of their replacements in accordance with the provisions of this Decree by law.

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Article (74) Publication & Enforcement of this Decree by law This Decree by law shall by published in the Official Gazette and shall come into force as of 02 February 2022. Khalifah Bin Zayed Al Nahyan President of the United Arab Emirates Issued by us at the Palace of the Presidency in Abu Dhabi: On: 13/Safar/1443H Corresponding to: 20/September/2021

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