Dubai labour law article 122 employer may dismiss a worker without notice an employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker. Free zones not governed by uae labour law news khaleej times. The laws of the procedures are to be applied on the actions which havent been settled and the proceedings which havent been executed prior to the date of their application. Below is the labour law, as published by the uae ministry of labour, with regards to disciplinary action. An employment contract binding an employer and an employee against of specific wagesalary. Article 4 principles and interpretation of labour law.
Please note that the motive or the reason to commit any of these actions should not be considerable to the employer and is a very weak argument if it is raised. The arabic text is the official text that has legal force. The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of the employment. Under the uae labour law, does an employer have the right to impose such penalties. Salary cut for arriving late to work employment gulf news. With regard to employees paid on piece work basis, allowance shall be calculated on the basis of the average daily pay provided for in uae labour law uae labour law article 57 hereof. Uae labour law 2020 download uae labor law employment law.
In accordance with article 102 of the uae labour law, an employer may impose certain disciplinary penalties on its employees, which include a warning, fine or. There are special labour related regulations applicable in some of the free zones in the uae, such as the jebel ali free zone. As per the chapter 6 article 102 disciplinary measures. Jan 15, 2017 under article 37 of the difc law, difc employees benefit from a longer maternity leave than mainland company employees. This is covered in detail in the chapter 6 of the uae labour law. Article employees who are not uae nationals may be employed in the united arab emiratesonly after approval of the labour department and the obtainment of a work permit inaccordance with the procedures decided by ministry of labour and social affairs.
In accordance with article 102 of the uae labour law, an employer may impose certain disciplinary penalties on its employees, which include a warning, fine or dismissal. As per article 80 of the uae labour law, remuneration due to an employee plus that of the approved leave under this law shall be paid in full by the employer to the employee before the latters departure on annual leave. According to article 2 of the uae labour law on the calculation of gratuityseverance pay. If the employer or his legal representative has committed an act of assault against the employee. This is an interesting contrast to the uae labour law which. Sep 14, 2017 article 120 of uae labour law allows the employer to terminate the employment relationship without giving a notice in case of committing any of the actions mentioned in the article. Mozlegal mozlegal is a wellestablished and dynamic firm providing legal and business services. Article 1 this regulation law is called the common customs law for the arab states of the gulf gcc sates. Article 110 of the uae labour law sets out strict legal formalities, which provide that the penalties listed under article 102. None of the penalties stipulated in article 102 may be imposed on a worker until he. Employment of workers children and women section i. In this post you will be able to download latest uae labour law 2020 in pdf. The fine may be a specific amount or an amount equal to the wage of the worker for a specific period.
Uae company cannot contract around labour law the national. If the worker is engaged on probation and is dismissed during the. Law no, 1 of the year 1999 on aliens health insurance and the imposition of fees for medical services. Article 69 of the uae labour law says that overtime working hours for an employee may not exceed two hours per day, unless such work is necessary for the prevention of the occurrence of a. Article 102 public holidays and sick days during periods of annual holidays. Non compete clause under uae labour law employment in the united arab emirates is a frequently discussed area of law and there are several publications that. Providing that the employee has been employed for at least 1 year and has met the required notification requirements specified in the law, she will be entitled to a minimum maternity leave of 65 working days. Title six disciplinary rules article 102 article 103 article. For example, federal law 8 of 1980, which governs labour relations, uhdi. Comprehending the rights of labour is very important for better living in uae. Disciplinary action and arbitrary dismissal in the uae al tamimi. Search for uae labour law article 127 pdf in our website welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. Non nationals may not engage in any work within the state except in accordance with the conditions stipulated in this law and its executive orders. Federal law no 8, for 1980, on regulation of labour relations 2.
Definitions article 1 this law shall be called the labor law. Type of change text the new version impactchange 5 partial deletion this law is applicable on the following. As per article 123 of the uae labour law, if arbitrary dismissal is proven, the court will order the employer to pay a compensation to the employee. Uae labour law article 120 the employer may dismiss the employee without notice in the following cases. The labour law also does not define working hours in terms of a certain amount of pay for each day of the month. Federal law concerning civil procedures uae civil procedure code introductory chapter. Under article 37 of the difc law, difc employees benefit from a longer maternity leave than mainland company employees. The uae labour law provides for various disciplinary measures which an employer or his representative may impose on the employees of the business. Article 102 disciplinary penalties which may be imposed by the employer or its agent upon its employees are as follows. It shall not be permissible to impose on the worker any of the sanctions set forth in article 102 of labour law, unless after the notification thereof. Understanding uae employment law and labour laws sta law.
The full text version of the uae labor law including its amending texts is available on the site. Article 2 the following terms and phrases, whenever mentioned in this law, shall have the meanings expressed next to them, unless the context requires otherwise. Disciplinary penalties which may be imposed by the employer or its agent upon its employees are as follows. Below are some disciplinary rules inflicted upon employees by employers in accordance with article 102. It shall not be permissible to apply the provisions of a law specified by the preceding articles if such provisions are contrary to islamic sharia, public order, or morals in the state of the united arab emirates. An employee who has completed 1 or more years of continuous service is entitled to severance pay. Work permits may only be granted if the following conditions are fulfilled. Any of the penalties prescribed in article 102 may not be applied on the employee unless he is notified in writing of the charge. The disciplinary penalties employers can impose are detailed and it confirms that employers cannot suspend an employee with reduced pay for longer than 10 days. Federal law the uae, in its legislative history, has aggressively and progressively applied such fundamental constitutional precepts. Uae labour law does not allow more than 10 days suspension from work with reduced pay, gulf news reports. Article 102 and article 110 of federal law 8 of 1980 state.
Disciplinary rules under uae labour law emirates diary. Article 2 the following words and terms, wherever mentioned throughout this regulation law, its explanatory note and rules of implementation, shall. Labour matters in the uae are governed by federal law no. The firm specializes in commercial, corporate, intellectual property, investment, land and labour law. The uae labour law provides for two ways in which an employer can lawfully terminate an employee. Bellow are the result found in our site related to article 37 labor law uae, we hope that the result will help you. If the worker adopts a false identity or nationality or submits forged certificate or documents. The minister of labor and social affairs shall issue, by means of a decision. Uae labour law provides clear provisions for employers to take disciplinary actions by employers on their employees. Governmental and public organization employees including those workers in pastures. Such penalty shall not be inflicted for reasons other than the ones mentioned exclusively in article 120 of the labour law. Disciplinary action and arbitrary dismissal in the uae lexology. Article employees who are not uae nationals may be employed in the united arab emirates only after approval of the labour department and the obtainment of a work permit in accordance with the procedures decided by ministry of labour and social affairs.
No disciplinary sanction may be imposed on the worker for an act perpetrated. Terminating employment contracts the official portal of the. Dubai labour law article 122 employer may dismiss a worker. The protection of the rights of workers in the united arab. Faqs terminating an employment contract in the uae.
Disciplinary rules the official portal of the uae government. Termination of employment under article 120 of uae labour law. Uae labour law clarification on disciplinary action and. According to article 52 of the labor law, a work contract shall primarily include, the name of the employer and employee, venue, nationality, identi. Understanding your employee rights is a very important part of living and working in the uae. Understanding uae employment law and labour laws sta law firm. Any of the penalties prescribed in article 102 may not be applied on the employee. The main law governing employment relations in the uae is federal labour law. With the exception of those stipulated in article 3 of the labour law, the labour law applies to all employees in the uae.
Article 122 of the uae labor law describes as arbitrary termination by the employer, a termination irrelevant to the work and particularly, if the reason is that the worker has submitted a serious complaint to the competent authorities or has instituted legal proceedings against the employer that has been proved to be valid. Non compete clause under uae labour law employment in the united arab emirates is a frequently discussed area of law and there are several publications that have addressed various aspects of the same. Welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. Article 120 of uae labour law allows the employer to terminate the employment relationship without giving a notice in case of committing any of the actions mentioned in the article. This english translation of the regulations is for general information only. Article 110 of the uae labour law sets out strict legal formalities, which provide that the penalties listed under article 102 may not be imposed unless. Actual overtime may not exceed two hours per day unless work is necessary to prevent substantial loss or serious accident or to eliminate or alleviate its. According to article 102 of the uae labour law, there are seven disciplinary rules that an employee should be aware of. The united arab emirates labor law website also contains resources for understanding the current economic situation in the uae labor law, migrant rights, and other helpful tools to assist with further analysis of labor related functions in the country. Dismissal from work and deprivation from the total end of service gratuity or a part thereof. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. The statutory requirements governing disciplinaries are themselves fairly minimal but clearly dictate how a disciplinary procedure should be conducted. Mar 07, 2010 dubai labour law article 122 employer may dismiss a worker without notice an employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker. The fine may be a specific amount or an amount equal to the wage of the worker for a.
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