KHALEEJ TIMES, Sunday, Jan 09, 2022 | Jamada Al-Aakhirah 6, 1443
New UAE labour law explained: Weekly days off, 3-year contracts; how latest rules change work systems
Emirates:
Question: Can
you explain the new labour law that is set to go into effect from next month?
How does it unify public and private sector work systems? What is this new
three-year labour contract?
Answer: On September
20, 2021, the UAE government issued Federal Decree-Law No. 47 of 2021 on the
Standard General Rules of Work in the UAE (the ‘New UAE Standard Rules of Work
Law’), wherein employees both in government and private sectors will have
similar working environment and facilities. These include equality,
non-discrimination, models of work, similar hours of work, leave and payment of
end of service benefits. The said law is effective from February 2, 2022.
It should be noted
that the objective of unified working systems in the UAE is to promote an
effective, attractive, and sustainable employment market and to identify the
rights of all the employees and workers in the UAE in a balanced manner. This is
in accordance with Article 2 of the New UAE Standard Rules of Work Law, which
states, "The objective of this Decree-Law is to:
1. Elaborate and
unify the general rules of work for all employees and workers in the UAE.
2. Promote an
effective, attractive and sustainable employment market by ensuring protection
for parties to the work relationship and its developments.
3. Identify the
rights of all Employees and Workers in the UAE in a balanced way.
4. Create balance and
complementarity between public and private sectors in respect of an attractive
and efficient work environment."
Further, Article 4 of
the New UAE Standard Rules of Work Law stresses on equality and
non-discrimination on grounds of race, colour, sex, religion, nation origin,
ethnic origin or disability in respect of work.
It should be also
noted that both government and private sector employees may enjoy various model
of working systems such as full-time, part time, temporary and flexible
employment as mentioned in Article 6 of the New UAE Standard Rules of Work Law.
Article 7 of the New
UAE Standard Rules of Work Law states the working hours for both government and
private sector employees shall be the same. However, the working hours for a few
private sector firms may be increased or decreased, subject to approvals by
Ministry of Human Resources & Emiratisation. The working hours may be eight per
day or 48 per week. Further, one day in a week will be a weekly holiday, which
may be increased.
Further, the annual,
maternity, paternity, sick, study, and bereavement leaves for both government
and private sector employees are same as mentioned in Article 9 of the New UAE
Standard Rules of Work Law. Article 11 of the New UAE Standard Rules of Work Law
also stresses on the same method of calculation of end of service benefits
(gratuity) for both government and private sector employees.
However, with regards
to your query on three years of unified employment contract, Article 8 (3) of
the New Employment Law states that an employment contract may not exceed three
years. However, the same is subject to executive regulations to be issued by the
Ministry of Human Resources & Emiratisation as mentioned in Article 8 (6) of the
New Employment Law. Currently, government employees and most of the freezone
employees are granted three years of employment contract.