Cabinet Resolution No. (1) of (2022) On the Executive Regulations of
Federal Decree-Law No. (33) of 2021 Regulating Labor Relations
2021 33
2022 1
The Cabinet,
Having reviewed, - Federal Law No. (1) of 1972 on the Competencies of Ministries and the Powers of Ministers, as amended;
- Federal Decree-Law No. (33) of 2021 Regulating Labor Relations;
- Federal Decree-Law No. (47) of 2021 on the Unified General Rules on Labor in the United Arab Emirate; and
- 1972
1
- 2021 33
- 2021 47
- Based on the proposal of the Minister of Human Resources & Emiratization, and the approval of the Cabinet,
-
Has resolved as follows: Article (1) Definitions
The same definitions mentioned in the Decree-Law shall apply to this Resolution, and, as an exception to this, the following terms shall have the meanings indicated opposite to each of them, unless the context of the provision requires otherwise.:
Decree-Law: Federal Decree-Law No. (33) of 2021 Regulating Labor Relations.
1
2021 33
Legal Regulations: A set of resolutions, guides and circulars related to labor in the Ministry of Human Resources and Emiratization.
Article (2) Classification of Establishments
Subject to the provisions of Paragraph No. (1) Article No. (70) of the Decree-Law: 1. Establishments are classified according to
criteria that include economic activity, labor size, cultural and demographic diversity of labor, extent of compliance with the Legal
2 70 1
1.
Regulations, and support for implementation of government orientations related to Emiratization, training and skill development;
2. The Cabinet shall, upon the proposal of the Minister, issue the necessary decisions for classification of Establishments and privileges provided to each category of these Establishments in a manner that ensures enhancing labor market competitiveness. Article (3) Classification Of Employees
Subject to the provisions of Paragraph No. (2) of Article No. (70) of the Decree-Law: 1. Employees subject to the provisions of the
Decree-Law are classified into categories according to criteria that include the skill, educational, productivity, occupational or salary levels or by categories of residence; and
2.
3 70 2
1.
2. The Cabinet shall, upon the proposal of the Minister, issue the necessary decisions for classification of skill levels of labor in the labor market and the privileges provided to each level in a manner that ensures enhancing labor market productivity. Article (4) Juvenile Employment Regulations
1. Subject to the provisions of Article No. (5) of the Decree-Law, it is prohibited to employ juveniles in the following works and occupations: a. Hazardous or harmful works and industries; and
b. Occupations likely to endanger the health or safety of Juveniles due to the nature of the occupation or the circumstances in which they are performed.
2. Dangerous or arduous works, or works that by their nature cause harms to the health, safety or morals of Juveniles shall be specified by a decision from the Minister after coordination with the competent authorities.
3. An Employer hiring a Juvenile shall comply with the following procedures. a. Keeping a special record for Juveniles, indicating the name and age of the Juvenile, the full name of his guardian or trustee and their contact details, the place of residence of the Juvenile and his guardian, the date on
2.
4 1. 5 a.
b.
2.
3. a.
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which he is hired and the job for which he is hired;
b. Insuring the Juvenile as the case with regular labor;
c. Training his Juveniles on how to use the means of occupational safety and health; and
d. Displaying, in a conspicuous place in the workplace, the provisions relating to the employment of Juveniles.
b.
c.
d.
4. Charitable, educational and training institutions
and other entities that aim at vocational qualification or training for Juveniles are exempted from some provisions of Article No. (5) of the Decree-Law and the provisions of this Article in accordance with the following controls:
4.
5
a. The Establishment must be registered with the relevant government agencies in this description; and
a.
b. Its actual and registered objective must be vocational qualification and training,
b.
charitable or educational work, or volunteer
work.
Article (5)
5
Employment Arrangements
1. Subject to the provisions of Article No. (7) of the 1. 7
Decree-Law, the contract with the Employee
shall be made according to any of the employment arrangements mentioned therein,
in addition to the following arrangements: a. Remote Work: All or part of the work is
performed outside the Workplace, and the communication between the Employee and the Employer is electronic instead of physical presence, whether the employment is part-
a.
time or full-time; and
b. Job sharing: According to which tasks and duties are divided between more than one Employee to perform the tasks agreed upon in advance, and it is reflected in the value of the salary due to each of them, which is on a proportional basis, and they are treated according to the controls of part-time employment.
b.
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2. The Ministry may create other employment arrangements as stipulated by the requirements of the labor market.
2.
3. Subject to the provisions of the Decree-Law and 3.
this Resolution, both the Employee and the
1
Employer shall comply with the terms of the
Employment Contract in accordance with each of
the arrangements mentioned in Paragraph (1) of
this Article.
Article (6)
6
Types Of Work Permits
1. Subject to the provisions of Article No. (6) of the 1. 6
Decree-Law, the types of Work Permits are as
follows:
a. Work permit (recruiting an Employee from outside the State): This type of permit allows Establishments registered with the Ministry to recruit an Employee from outside the State;
a.
b. Transfer work permit: The permit under which a non-national Employee is transferred to and from an Establishment registered with the Ministry;
c. Permit for those who are under the residence of their relatives: The permit under which those under the residence of their relatives are employed to work in an Establishment registered with the Ministry;
b.
c.
d. Temporary work permit: The permit under which an Employee is employed for a job, the nature of whose performance or completion requires a specified period in one of the Establishments registered with the Ministry;
d.
e. Task work permit: The permit granted to one of the Establishments registered with the Ministry wishing to recruit an Employee from abroad to perform a temporary work or a specific project of a definite term;
e.
f. Part-time work permit: This type of permit allows Establishments registered with the Ministry to employ an Employee under a parttime contract, whereby his working hours or Working Days are less than his full-time counterparts, and the Employee can work for more than one Employer after obtaining a permit to do so from the Ministry;
f.
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g. Juvenile work permit: The permit under which a person who has reached the age of 15 and has not exceeded 18 years old is employed in an Establishment registered with the Ministry;
h. Student training and employment permit: This type of permit allows Establishments registered with the Ministry to train or employ a student in the State, who has reached the age of 15, in accordance with specific controls and conditions that guarantee a suitable training and work environment;
i. Work permit for citizens/nationals of the GCC countries: This type of permit allows Establishments registered with the Ministry to employ citizens or nationals of the Cooperation Council for the Arab States of the Gulf;
j. Work permit for golden residence holders: This permit is granted upon the request of an Establishment registered with the Ministry to employ an Employee inside the State, who holds a golden residence;
k. National trainee work permit: This permit is granted to Establishments registered with the Ministry wishing to train a citizen according to his approved academic qualification;
l. Self-employment permit: This permit is granted to individuals wishing to engage in freelance work independently (under their self-residence for foreign individuals) without the sponsorship of a specific entity or Employer in the State and without the requirement of a valid Employment Contract, and through which a natural person generates direct income, by providing his services for a specific period of time or to perform a task or provide a specific service, whether to individuals or Establishments, without this natural person being in any way an Employee of these individuals or Establishments.
g. 15 18
h. 15
i. GCC
j.
k.
l.
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2. By a decision from the Minister, new types of Work Permits may be introduced in accordance with the provisions of the Decree-Law. Article (7) Conditions, Controls and Procedures for Issuing, Renewing and Canceling Work Permits
1. Conditions for issuing Work Permits: a. The Employee must be at least 18 years old, with the exception of a Juvenile Work Permit and a student training or employment permit;
b. It must fulfill the conditions stipulated in the legislation in force in this regard, in the specialized occupations or other jobs that require a license to practice the occupation;
c. The occupation in which the Employee will work for the Employer must be consistent with the activity of the Establishment;
2.
7
1.
a. 18
b.
c.
d. The Establishment's license must be valid and there are no violations that lead to suspension of its activity in accordance with the Legal Regulations;
d.
e. The application to obtain the permit must be submitted by the duly authorized signatory on behalf of the Establishment; and
e.
f. Any other conditions stipulated by a decision from the Minister or whomever he delegates.
f.
2. Procedures for renewing Work Permits: a. Submitting the application according to the channels designated by the Ministry;
b. Fulfilling the conditions required for issuance;
2. a.
b.
c. Completing the required documents, papers and academic qualifications;
c.
d. Paying the prescribed fees according to the type of permit and the category of Establishment in accordance with the approved Establishments' classification system; and
d.
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e. Any other procedures issued by a decision from the Minister or whomever he delegates.
e.
3. Procedures for cancelling Work Permits: a. Submitting an application for cancelling the Work Permit through the channels designated by the Ministry;
3. a.
b. Completing the required information and enclosures;
b.
c. Paying the fines for delaying the issuance of the Work Permit or not renewing it, if any;
c.
d. The Establishment's acknowledgment of delivering the Employee his entitlements; and
d.
e. Any other conditions issued by a decision from the Minister or whomever he delegates.
e.
4. The Ministry may refuse to issue Work Permits, not renew them or cancel them, and take the legal actions required, if any of the following is proven: a. Any incorrect documents are submitted;
4.
a.
b. The Establishment is fictitious or does not carry out its activity;
b.
c. Non-compliance with the salary protection system or any other regulations adopted for regulating the labor market in the State; and
c.
d. Any other cases for which a decision is issued by the Minister or whomever he delegates. Article (8) Freelance Work
1. Freelance work is a system of independent and flexible work through which a natural person generates a direct income, by providing his services for a specified period of time or to perform a task or provide a specific service, whether for individuals or Establishments, without this natural person being in any way an Employee of these individuals or Establishments.
d.
8 1.
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2. The Cabinet shall, upon the proposal of the
2.
Minister, issue the necessary decisions setting
the procedures, controls and mechanisms for
registering self-employed persons in the Ministry's systems, and obtaining and renewing Work Permits, in a manner that ensures
enhancing the flexibility and requirements of the
labor market.
Article (9)
9
Employment Agency Activity
1. Subject to the provisions of Article No. (6) of the 1. 6
Decree-Law, the practice of any of the works of
mediation, temporary employment and
outsourcing (individually or collectively) is considered a practice of the activity of employment agencies, and the following
definitions are used in the scope of the work of
employment agencies:
a. Mediation: By bringing together the views of the two employment parties and their representatives, negotiating on their behalf the terms of the contract, and hiring for the purpose of establishing an employment
a.
relationship, without the Agency becoming a
party thereto;
b. Temporary Employment and Outsourcing: Hiring the Employee with the intention of making him available to a third party, and the Employee's relationship becomes a direct relationship with the Agency through which his services are outsourced by a third party (the beneficiary);
b.
c. Beneficiary: Any natural or legal person for whom and under whose supervision the Employee is assigned according to the Temporary Employment and Outsourcing system, whether for a specified period of time or to perform a task or provide a specific service; and
c.
d. Agency: Any sole proprietorship or legal personality that engages in an activity related to Mediation or Temporary Employment and Outsourcing to provide the services of one or more Employee(s) for a specified period of time or to perform a task or provide a specific service to the beneficiary.
d. 1
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2. The following conditions must be met in order to 2.
obtain a license to practice any of the Agency's
activities:
a. The person in the sole proprietorship or any of the partners in the legal person, has not been convicted of a crime involving breach of honor or trust, or one of the crimes of human trafficking, or the crimes stipulated in the Decree-Law, unless he has been rehabilitated, if he receives a custodial
a. 1
sentence, or after the lapse of one year from
the date of the judgment, if he receives a
fine sentence;
b. The sole proprietorship or legal person must submit to the Ministry a bank guarantee with a value of no less than three hundred thousand (300) dirhams at all times during the validity of the license, in the event of licensing a Mediation Agency, and no less than one million dirhams, in the event of licensing a Temporary Employment and Outsourcing Agency or in the event of carrying out both activities together, and it must be automatically renewed or an insurance system be provided as an alternative to the guarantee, and the Ministry may allocate all or some of the guarantee or insurance for payment of any amounts to be due from the Agency for its failure to fulfill its obligations or for noncompliance with the instructions and decisions issued pursuant thereto;
b. 300 100
c. The credit report to the license applicant, the person in the sole proprietorship and the partners in the legal person, issued by the competent authority, must be submitted; and
c.
d. Any other conditions issued by a decision from the Minister.
d.
3. The license issued by the Ministry to Employment Agencies shall be annually renewed, provided it is ensured that all conditions required for licensing are still met.
4. Controls for practicing the Temporary Employment/Outsourcing activity: a. Not providing Employees to a beneficiary, if the beneficiary company is administratively
3.
4. a.
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suspended by the Ministry due to its commission of violations related to the application of the Decree-Law and this Resolution;
b. Not providing Employees of another Agency that engages in the Temporary Employment activity with the aim of employing them with the beneficiary;
b.
c. The person in the sole proprietorship or any of the partners in the legal person shall be responsible for applying the provisions of the Decree-Law and its Executive Regulations to the Employees registered with it, and informing the competent authorities in the Ministry, if he becomes aware of any violation or infringement of the rights, health and safety of Employees by the beneficiary; and
c.
d. Any other controls to be determined by the Ministry.
d.
5. To ensure governance of the relationship
5.
between the beneficiary and the Employee
registered with a Employment Agency, a contract
must be concluded with the beneficiary.
6. Procedures for issuing a license for a Temporary Employment and Outsourcing or Mediation Agency: a. Submitting an application through the channels specified by the Ministry;
6.
a.
b. Satisfying the conditions required for the issuance of the license;
c. Providing the required guarantees and insurances;
d. Paying the prescribed fees; and
b. c.
d.
e. Any other procedures issued by a decision from the Minister or whomever he delegates.
e.
7. Procedures for Suspension or Revocation of Employment Agencies' Licenses: The Ministry may temporarily suspend an
7.
Agency's license, or cancel it, if the occurrence of
one of the following cases has been verified:
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a. Absence of one of the conditions on which the license was issued;
a.
b. If any of the documents or data submitted for licensing purposes is proven to be incorrect;
b.
c. If the Agency commits any act that involves some form of forced labor or human trafficking;
c.
d. Nonpayment of Employees' salary; and
d.
e. Violation of any of the other conditions to be determined by the Ministry. Article (10) Employment Contract
Subject to the provisions of Article No. (8) of the Decree-Law: 1. The Employment Contract shall mainly contain
the Employer's name and address, the Employee's name, nationality, date of birth, and necessary proof of his identity, his qualification, job or occupation, and date of joining work, workplace, working hours, rest days, Probationary Period, if any, contract term, agreed-upon salary including benefits and allowances, accrued annual leave period, Notice Period, procedures for terminating the Employment Contract and any other data to be determined by the Ministry as required for regulation of the relationship between the two parties:
e.
10 8
1.
2. The Employee and the Employer may agree to 2.
introduce new clauses to the approved contract
forms, provided that they are consistent with the
provisions of the Decree-Law, this Resolution
and the Legal Regulations.
3. The employment arrangement of the contract may be changed, provided that: a. The consents of the Employee and the Employer have been obtained;
3. a.
b. All entitlements arising from the first contract have been paid; and
b.
c. The procedures set by the Ministry are observed.
c.
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4. The Employee and the Employer shall conclude the contract on the agreed upon employment arrangement in accordance with the contract forms in the Ministry's system, namely: a. Full-time employment contract;
b. Part-time employment contract;
c. Temporary employment contract;
d. Flexible work employment contract;
e. Remote work employment contract;
f. Job sharing employment contract;
g. Any other Employment Contract forms issued by a decision from the Minister in accordance with the labor classification approved by the Cabinet and employment arrangements. Article (11)
Granting a new Work Permit after Termination of the Employment Contract during the Probationary Period Subject to the provisions of Paragraphs Nos. (4) and (6) of Article No. (9) of the Decree-Law, the Ministry may exempt some Employees from the condition of not granting a Work Permit according to the following controls:
1. The Employee is of the skill, occupational or knowledge levels needed by the State:
2. The Employee is under the residence of his relatives;
3. Holders of golden residence; and
4. a.
b.
c.
d.
e.
f.
g.
11 9 4 6
1.
2.
3.
4.
Any occupational categories according to the needs of the labor market in the State for which a decision is issued by the Minister in
4.
accordance with the labor classification
approved by the Cabinet.
Article (12)
12
Controls of the Non-Competition Clause
1. Subject to the provisions of Article No. (10) of 1. 10
the Decree-Law, in order for the stipulated non-
competition clause to apply, the following must
be specified:
a. The geographical scope of application of the clause;
a.
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b. The term of the clause, provided that it does not exceed two years from the date of expiry of the contract; and
b. 2
c. The nature of the work, so that it seriously harms the legitimate interests of the Employer.
c.
2. In the event that a dispute over the noncompetition clause arises and cannot be amicably settled, the matter shall be referred to the court, and the onus of proving the damage shall lie with the Employer.
3. The non-competition clause shall not apply, if the reason for terminating the contract is attributed to the Employer or its breach of its legal or contractual obligations.
2.
3.
4. It is permissible to agree in writing not to implement the non-competition clause after termination of the Employment Contract.
4.
5. The Employee shall be exempted from the non- 5. 10
competition clause stipulated in Article No. (10)
of the Decree-Law in accordance with the
following conditions:
a. The Employee or the new Employer pays
a.
compensation in an amount not exceeding
three months of the Employee's salary
3
agreed upon in the last contract of the
former Employer, and the former Employer's
written consent therefor is required;
b. If the contract is terminated during the Probationary Period; and
b.
c. Any occupational categories according to the needs of the labor market in the State for which a decision is issued by the Minister in
c.
accordance with the labor classification
approved by the Cabinet.
Article (13)
13
Assigning the Employee to another Job
1. Subject to the provisions of Article No. (12) of 1. 12
the Decree-Law, the Employee may be assigned
to another work that is fundamentally different in its nature from the original job, as an exception for a necessity, or to prevent the occurrence of an accident or to repair the damage caused by the Employee. The maximum
1 90
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period for which the Employee may be assigned to such a job shall be ninety (90) days a year.
2. In the application of Paragraph (1) of this Article, the term "fundamentally different" means that the work assigned to the Employee totally differs from the nature of his occupation or academic qualification. Article (14) Work Regulations
Subject to the provisions of Article No. (13) of the Decree-Law, Establishments employing 50 Employees or more shall set regulations to organize work, such as regulations of work instructions, penalties, promotions and bonuses, and procedures for ending the employment relationship, taking into account the following controls: 1. The regulations shall neighbor developed in a
manner that does not violate the provisions and rules stipulated in the Decree-Law and the provisions of this Resolution and the Legal Regulations;
2. 1
14 13 50
1.
2. It shall include the penalties regulations that may be imposed on violating Employees, and the conditions and conditions for imposing them;
2.
3. The regulations of work instructions shall include daily working hours, weekends and feasts and the necessary measures and precautions to be observed for avoiding work injuries and fire hazards;
3.
4. The regulations of promotions and bonuses shall include the criteria and controls for promotions and bonuses; and
4.
5. The Employer shall inform the Employee of the regulations stipulated in this Article by any available means, and he shall be made aware thereof in the language he understands. Article (15) Working Hours
Subject to the provisions of Article No. (17) of the Decree-Law: 1. The periods of time spent by the Employee in
moving between his place of residence and the Workplace shall be counted as part of the working hours in the following cases: a. The period the Employee spends in the
means of transport in case of bad weather and responding to the warnings of the
5.
15 17
1.
a.
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National Center for Meteorology on weather changes and fluctuations;
b. The time the Employee spends in the means of transport provided by the Employer in the event of a traffic accident or emergency malfunction; or
b.
c. In the event that the parties to the contract expressly agree thereto.
c.
2. Regular working hours shall be reduced by two hours during the holy month of Ramadan.
3. The Employer may make the Employee work for extra working hours over the regular working hours, provided that they do not exceed two hours per day, unless the work is necessary for preventing the occurrence of a gross loss or a serious accident or to remedy or mitigate its effects. In all cases, the total working hours may not exceed one hundred and forty-four (144) hours every three (3) weeks.
2. 2
3. 1 2 3 144
4. The following categories are excluded from the provisions relating to the maximum working hours: a. Chairmen of boards of directors and members of these boards;
4.
a.
b. Persons occupying supervisory positions, if such positions are likely to entitle their holders to enjoy the powers of the Employer;
b.
c. Employees who make up the crews of sea vessels and Employees who work at sea and enjoy special conditions of service because of the nature of their work;
d. Works whose artistic nature requires the continuation of work through successive shifts, provided that the average working hours do not exceed 56 hours per week; and
c.
d. 56
e. Preparatory or complementary works which must necessarily be carried out beyond the generally established time limits for work in the Establishment.
e.
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5. The Minister may issue the necessary decisions to specify the works mentioned in this Article in accordance with the needs of the labor market.
Article (16) Salary
Subject to the provisions of Article No. 22 of the Decree-Law: 1. The Employer shall pay the salary to its
Employees on their due dates in accordance with the following conditions, controls and procedures: a. The salary shall be paid on their due dates as
agreed upon in the contract and in accordance with the regulations and standards set by the Ministry;
5. 16
22
1.
a.
b. All Establishments registered with the Ministry shall pay the salary of their Employees on their due date through the Salaries Protection System or any other systems approved by the Ministry; and
c. All Establishments shall provide everything required from them to prove payment of the salaries of their Employees, if requested to do so.
b.
c.
2. The Ministry may take all the legal procedures and measures stipulated in the Decree-Law, this Resolution, and the relevant Legal Regulations against the Establishment in the event of nonpayment of the agreed upon salary. Article (17)
Failure to Enable the Employee to Perform his Job
Subject to the provisions of Article No. (26) of the Decree-Law: 1. The Employer shall enable the Employee to carry
out his job, otherwise they shall be required to pay his agreed upon salary;
2.
17 26
1.
2. If the refusal to enable the Employee to perform his job is due to circumstances beyond the control of the Employer, the Employer shall inform the Employee thereof, guaranteeing payment of his salary;
2.
3. If the Employee wishes to quit the job, he shall notify the Employer thereof, and in all cases, the Employee may file a labor complaint in accordance with the applicable Legal Regulations; and
3.
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4. The Ministry may, upon submission of the complaint, communicate with the Employer and give them a period of time to enable the Employee to perform his job, and in the event that they do not respond, the Ministry may cancel the Employee's Work Permit and allow him to move to another Establishment, without prejudice his rights with the Employer. Article (18) Annual Leave for Part-Time Employees
Subject to the provisions of Paragraph No. (2) of Article No. (29) of the Decree-Law, part-time Employees are entitled to annual leave according to the actual working hours spent by the Employee with the Employer, and its duration shall be determined on the basis of the total working hours after converting them into Working Days, divided by the number of Working Days per year, multiplied by the legally prescribed holidays, with a minimum of five Working Days per year for annual leaves. In calculating these accrued leaves, the part of a day is considered a full day, according to the following: 1. The ratio shall be equal to the ratio of the
Employee's work on a part-time contract to the Employee's work on a full-time contract;
4.
18 29 2 5 1 1
1.
2. The actual working hours shall be equal to a maximum of eight (8) working hours per day;
2. 1 8
3. The number of hours an Employee works on a part-time contract shall equal to the number of hours subject of the contract; and.
4. The arithmetic equation shall be the number of working hours in the Employee's part- time contract per year divided by the number of working hours in the full-time contract per year multiplied by 100. Article (19)
Carrying forward the Annual Leave or Obtaining a Cash Allowance therefor
Subject to the provisions of Paragraphs Nos. (8) and (9) of Article No. (29) of the Decree-Law: 1. The Employee may carry forward no more than
one half of the annual leave for the following year, or he may agree with the Employer to pay him a cash allowance according to his salary at the time of his entitlement to the leave; and.
3.
4. 1 1 100
19
29 8 9
1.
2. In the event that the Employee's service is terminated, a cash allowance shall be paid to him for his legally accrued annual leave balance in accordance with the Basic Salary.
2.
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Article (20) Non-Entitlement to Salary for Sick Leave arising from
the Employee's Misconduct
Subject to the provisions of Article No. (31) of the Decree-Law: 1. The Employee is not entitled to salary during the
sick leave in the following cases: a. If the disease has resulted from the
Employee's misconduct, such as his abuse of alcohol or drugs; and
20 31
1. a.
b. If the Employee violates safety instructions in accordance with the legislation in force in the State, such as instructions related to crises and disasters, driving and traffic regulations, or any safety procedures and controls specified in the Establishment's bylaws, which the Employee was informed of, acknowledged having understood and undertook to comply with.
b.
2. For application of the provisions of Paragraph (a) of this Article, there must be report from the
competent authorities in the State to prove that
the disease has resulted from the Employee's
misconduct.
Article (21)
Miscellaneous Leaves
Subject to the provisions of Article (32) of the
Decree-law:
1. The Employee may be granted study leave to
perform the tests, provided that he has obtained
an academic acceptance from one of the
accredited university institutes or colleges in the State, indicating the type of study, specialization
and duration of study. The Establishment may
request proof of the dates of performing the
tests;
2. (a)
21 32
1.
2. The national Employee is entitled to a sabbatical leave to perform the national and reserve service, according to the laws and regulations in force in the State;
2.
3. The Employee is entitled to mourning leave starting from the day of death, provided that he submits proof of death upon his return to work;
3.
4. The Employee is entitled to parental leave as stipulated in the Decree-Law, provided that he submits proof of the birth of his child; and
4.
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5. The mourning leave, parental leave, annual leave and leave without pay may be taken simultaneously. Article (22) Employees' Safety, Protection and Healthcare
Subject to the provisions of Article No. (36) of the Decree-Law: 1. Every Employer shall:
a. Provide appropriate means of protection to safeguard Employees from the dangers of occupational injuries and diseases that may occur during working hours, as well as the dangers of fire and other dangers that may result from the use of machinery and other work tools, and they shall also adopt all other methods of protection determined by the Ministry in this regard;
5.
22 36
1. a.
b. Display, in a prominent and conspicuous place in the Workplace, detailed and clear instructions regarding the means of preventing fire, protecting Employees from the dangers they may be exposed to while performing their work, methods of prevention thereof, and how to address the accidents that occur because of them, provided that the instructions are in Arabic and another language that the Employees understand, when necessary, and they shall place warning signs in front of dangerous sites;
b.
c. Inform their Employees, before they take up work, of the dangers of the occupation they practice, such as the dangers of fire, machinery, falls, occupational diseases, etc.;
c.
d. Entrust the supervision of first aid to a specialist in providing medical aid and to provide in every first aid kit everything needed;
d.
e. Provide the necessary means to prevent fire as well as the extinguishing equipment appropriate for the materials existing in the Establishment and the materials used in industries;
f. Take the necessary measures to ensure on an ongoing basis that the conditions in the Workplace provide sufficient protection for
e.
f.
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the health and safety of Employees in the Establishment;
g. Take appropriate practical measures to prevent, reduce or eliminate health hazards in the Workplace;
g.
h. Take the necessary precautions to protect Employees from the dangers of falling, falling objects, flying fragments, sharp objects, caustic or hot liquid materials, flammable or explosive materials, or any other materials with a harmful effect, and take the necessary precautions to protect Employees from the dangers of compressed gases and electricity; and
i. Display guiding signs in the places of machinery or the places of various operations, indicating the type of necessary technical instructions in Arabic and in another language that Employees understand, when necessary.
h.
i.
2. The Employee shall use the protective equipment and clothes he is provided with, implement all instructions of the Employer aimed at protecting him from dangers, refrain from any act that would obstruct such instructions, comply with the orders and instructions related to work safety and security precautions, use the means of protection and undertake to take care of items in his custody, and he is prohibited from doing any act that would lead to not implementing the aforementioned instructions, misusing the means designed for protection of the health and safety of Employees, or damaging or destroying such means, and the Employer may include in the penalties regulations the punishments for each Employee who violates the provisions of this paragraph.
2.
3. The Ministry shall coordinate with the authorities related to public health, and occupational care and safety of Employees, as follows: a. Following up the Employer's commitment to provide health insurance for Employees in accordance with the legislation in force in the State;
3.
a.
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b. Coordinating with local and federal competent authorities in relation to the health and safety of Employees;
c. Ensuring the standards and requirements set at the federal and local levels in relation to the health and safety of Employees and work injuries on an ongoing basis, and ensuring the Employees' commitment to observe them;
d. Monitoring, inspection and application of administrative penalties on Establishments that violate occupational health and safety instructions; and
b.
c.
d.
e. Circulating the decisions issued by the authorities concerned with public health regarding the health and safety of Employees. Article (23) Work Injuries
Subject to the provisions of Articles No. (37) and (38) of the Decree-Law: 1. In the event that the Employee suffers a work
injury or a disease, the Employer shall pay the Employee's treatment expenses according to the following conditions and controls: a. The Employee shall be treated in a
governmental or private treatment facility;
e.
23 37 38
1.
a.
b. The treatment expenses shall continue to be borne until the Employee recovers or his disability has been proven;
b.
c. The treatment shall include hospital stay, surgeries, expenses of x-rays and medical tests, as well as the purchase of medicines and rehabilitation equipment and the provision of artificial and prosthetic limbs and equipment for those whose disability has been proven; and
c. X
d. The treatment expenses shall include the transportation expenses required for the Employee's treatment.
d.
2. The Employee shall abide by the orders and
2.
instructions related to work safety and security
precautions, and he shall use the means of
protection and undertake to take care of items thereof in his custody, and the Employee is prohibited from doing any act that would lead to
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not implementing the instructions, misusing the means designed for protection of the health and safety of Employees, or damaging or destroying such means.
3. The Employee shall not entitled to compensation 3.
for a Work Injury, if has been proven through the
competent authorities that the injury occurred as a result of an intentional violation of the preventive instructions announced in visible places in the Workplace, provided that the Employer complies with the followingcontrols:
a. The Employee shall be informed of the detailed instructions regarding the means of preventing fire and protecting Employees from the dangers that may occur;
a.
b. The Employee shall be informed before practicing the work of the dangers of his occupation, and requiring him to use the means of protection prescribed therefor, and they shall provide appropriate personal protective equipment for Employees, and train them on using them;
b.
c. The Employee shall be trained on the safety methods contained in the labor protection instructions;
c.
d. The Employee shall be educated, when employed, on the dangers of his occupation and the means of protection he must use, and they must display written detailed instructions in this regard in the Workplace; and
d.
4. If the Work Injury or occupational disease leads to the death of the Employee, compensation shall be paid to the beneficiaries thereof according to the legislation in force in the State, or as determined by the Employee before his death. Article (24) Controls for Imposing Disciplinary Penalties on Employees
Subject to the provisions of Article No. (39) of the Decree-Law and Article No. (14) of this Resolution: 1. Disciplinary penalties shall be imposed on
Employees, provided the appropriate penalty is imposed according to the gravity and seriousness of the violation committed, according to the following criteria:
4.
24
39 14 1.
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a. The extent of breach of confidentiality of data and information related to work;
a.
b. The impact of the violation on the health and safety of the Employee(s) in the Establishment;
c. The financial impact of the violation;
d. The impact of the violation on the reputation of the Establishment and its Employees as a result of committing the violation;
b.
c.
d.
e. The violating Employee's abuse of the authority entrusted to him;
e.
f. The rate of the Employee's repetition of violations of all kinds; and
g. The committed violation's involvement of a criminal or ethical aspect.
2. The Employer shall develop penalties regulations, indicating each of the disciplinary penalties set forth in Article No. (39) of the Decree-Law;
3. None of the penalties stipulated in Article (39) of the Decree-Law may be imposed on the Employee except after informing him in writing of the violation attributed to him, hearing his testimony, investigating his defense and recording this in a minutes to be kept in his own file, with the penalty being written down at the end of this minutes. The Employee shall be notified in writing of the penalties imposed on him, their type and amount, the reasons for imposing them, and the penalty he will face in case of repetition;
f.
g.
2. 39
3. 39
4. An Employee may not be accused of a disciplinary violation after the lapse of more than thirty (30) days since its discovery, and a disciplinary penalty may not be imposed more than (60) sixty days after the date on which the investigations on the violation were concluded and the violation has been proven against him;
4. 30
60
5. Without prejudice to the Employee's right to file a labor complaint, he may file a grievance to the management of the Establishment against any penalty decided against him, and the grievance shall be submitted to the management of the Establishment [sic] of the penalty subject of grievance, and no Employee may be harmed as a result of submitting his grievance. The Employer shall notify the Employee of the result of his grievance.
5.
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6. Subject to Article No. (14) of this Resolution, every Employer employing 50 Employees or more shall display in a conspicuous place or through any other appropriate mechanism a system for complaints and grievances that Employees have access to, and this system shall stipulate that the Employee may submit his complaint or grievance to the Employer or his representative, and that his grievance shall be responded to in writing and within a specified period. Article (25)
Event of the Termination of the Employment Contract due to the Employer's Bankruptcy or Insolvency
Subject to the provisions contained in Federal Decree-Law No. (9) of 2016 on Bankruptcy, Federal Decree-Law No. (19) of 2019 on Insolvency and the provisions of Paragraph (8) of Article No. (42) of the Decree-Law: 1. The Employment Contract shall terminate in any
of the following cases: a. If a court ruling is issued declaring the
Employer bankrupt or insolvent, in accordance with the legislation in force in the State in this regard; or
6. 14 50
25
2016 9 2019 19 42 8
1. a.
b. If a decision is issued by the competent authorities stating that the Employer is unable to continue their activity for exceptional economic reasons beyond their control; and
b.
2. The Ministry may, on its own initiative, cancel the Employee's Work Permit based on the court ruling issued to declare the Employer bankrupt, and it may issue a new permit to him in accordance with the approved controls in this regard. Article (26) Controls of Serious Hazard
Subject to Paragraph No. (3) of Article No. (45) of the Decree-Law, the controls of serious hazard in the Workplace, which allows the Employee to leave work without notice, are as follows: 1. Existence of a potential source of ignition.
2.
26 45 3
1.
2. Exposure to electrical wires connected to a power source that can cause electric shock or death;
3. Existence of hazardous chemicals that can cause diseases;
2.
3.
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4. Unusual temperatures, which cause burns;
4.
5. Exposure to loud noises that permanently damage 5.
the sense of hearing;
6. Radiation that can cause cancer or blindness; and
7. Biological hazards that can cause diseases.
Article (27) Employee Transfer Subject to the provisions of Article No. (49) of the Decree-Law: 1. In case of termination of the Employment Contract in accordance with the provisions of the DecreeLaw and this Resolution, the Employee may move to work for another Employer in accordance with the following terms and conditions: a. If the term of the contract agreed upon between the two parties expires and has not been renewed;
6.
7. 27
49
1.
a.
b. If the contract is terminated during its validity in accordance with Article No. (42) and Article No. (45) of the Decree-Law; and
b. 42 45
c. If the Employer terminates the contract without a reason attributed to the Employee.
c.
2. The Minister may issue a decision specifying the Employee's transfer mechanisms set in this Article. Article (28) Controls for Reporting Employee Absence
Subject to the provisions of Article No. (50) of the Decree-Law: 1. The Employer shall notify the Ministry of the
incident of the Employee's absence from work in accordance with the following controls and procedures: a. The absence from work for more than 7
consecutive days, without the Employer's knowing where the Employee is or being able to communicate with him; and
b. The data of the absence from work form shall be completed in accordance with the procedures specified by the Ministry.
2. 28
50
1.
a. 7
b.
2. If a foreign Employee absents himself from work for an illegal reason before the end of the contract term, he will not be granted another Work Permit for a period of one year from the
2.
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date of absence from work, with the exception of: a. An Employee who is under the residence of his
relatives;
1 a.
b. An Employee who requests a new Work Permit for the same Establishment;
c. The Employee is of the professional, skill or knowledge levels that the State needs;
d. Golden residence holders; and
e. Any occupational categories according to the needs of the labor market in the State for which a decision is issued by the Minister in accordance with the labor classification approved by the Cabinet.
b.
c.
d.
e.
3. The Minister may issue a decision specifying the mechanisms for reporting absence according to the digital system in place in the Ministry. Article (29) Controls for Deduction from Employee's End-ofService Pay
Subject to the provisions of Paragraph No. (7) of Article No. (51) of the Decree-Law: 1. The Employer may deduct from the Employee's
end-of-service pay any amounts due by law or a court ruling, in accordance with the following conditions and procedures: a. The amounts due to the Employee must be
necessary for recovering the loans or amounts paid to him in excess of his entitlements;
3. 29
51 7
1. a.
b. For recovering the amounts deducted for the purposes of calculating subscription in retirement benefits and pensions and insurances, in accordance with the legislation in force in the State;
c. As amounts deducted from the Employee due to the violations he commits according to the penalties regulations applicable by the Establishment and approved by the Ministry;
b.
c.
d. As indebtedness due in enforcing a court ruling issued against the Employee; and
d.
e. As amounts for repairing a damage caused by the Employee, as a result of his error or violation of the Employer's instructions, which has caused the damage, destruction
e.
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or loss of tools, machinery, products or materials owned by the Employer.
2. The Employer must have taken the procedures stipulated in the Decree-Law and in this decision, in the event that the amounts due are for violations committed by the Employee or as a result of damages due to his error, provided that a period of three (3) months has not lapsed since the date on which the amounts become due, unless agreed to otherwise.
Article (30) End-of-Service Pay for Employees under other
Employment Arrangements Subject to the provisions of Article No. (52) of the Decree-Law, the end-of-service pay for Employees under part-time or non-full-time job-sharing arrangements shall be calculated in accordance with to the following mechanism: 1. The number of working hours stated in the
Employment Contract per year divided by the number of working hours in the full-time contract per year multiplied by 100 equals the percentage multiplied by the value of the end-ofservice pay for the full-time Employment Contract; and
2. 3
30
52
1. 100
2. The end-of-service pay shall not apply in the case of Temporary Employment, if its period is less than one year. Article (31) Individual Labor Disputes
Subject to the provisions of Article No. (54) of the Decree-Law: 1. If the Employer, the Employee, or any of their
respective beneficiaries disputes over any right arising for either of them under the provisions of this Decree-Law, they must submit a request therefor to the Ministry, which shall examine the request and take such actions as it deems necessary to amicably settle the dispute between them;
2. 1
31 54
1.
2.
In the event that an amicable settlement cannot be reached, the Ministry shall refer the dispute to the competent court within fourteen (14) days from the date of submitting the request, and the
2.
14
referral shall be accompanied by a memorandum
containing a summary of the dispute and the
arguments of the two parties;
3. Each Employee whose complaint has been referred 3.
to the court shall record his case and amend his
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status in the State immediately, and the Minister may issue the necessary decisions to regulate the status of the Employee and the Establishment after referral of the complaint to the court; and
4. The Employee is entitled to claim two months' salary, if he continues to work while the labor dispute referred to the court is pending, in which case, the Ministry may order the Employer to pay this salary or refer the complaint in this regard to the court.
Article (32) Collective Labor Disputes
Subject to the provisions of Article No. (56) of the Decree-Law: 1. If a dispute arises between the Employer and all
Employees or a group of them, and the two parties fail to amicably settle it, the complainant shall submit a complaint in accordance with the following controls and procedures: a. The complaint shall be submitted through
the channels specified by the Ministry;
4. 2 32
56
1.
a.
b. It shall indicate the type and value of the claims; and
b.
c. The complaint shall be submitted within two weeks from the date of the dispute.
c. 2
2. The Ministry may address the competent authorities to impose provisional seizure on the Establishment in guaranteeing the rights of Employees;
2.
3. The Ministry may liquidate the bank guarantee or insurance allocated to the Employees without the need for the consent of the Employer in the event that the Employees' claim is proven to be true, or take any other actions or measures to ensure payment of the Employees' entitlements;
3.
4. The Ministry shall, in accordance with the procedures determined by a decision from the Minister, settle the dispute, and if settlement cannot be reached for any reason or due to the parties' failure to comply with the agreed upon settlement, the dispute shall be referred to the Collective Labor Disputes Committee;
4.
5. The Collective Labor Dispute Committees, which are formed by a resolution of the Cabinet upon the proposal of the Minister, shall decide on the disputes referred to them, and their decision shall
5.
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be final and an exequatur shall be affixed thereto by the competent court.
Article (33) Labor Inspection Procedures
Subject to the provisions of Article No. (57) of the Decree-Law: 1. Labor inspection shall be undertaken by
specialized inspectors from amongst the Ministry's employees, who shall have the following powers and competencies: a. Monitoring the proper implementation of
the provisions of the Decree-Law, this Resolution, and the Legal Regulations, particularly those related to employment conditions, salaries, protection and safeguarding of Employees while performing their jobs; and
33 57
1.
a.
b. Providing Employers and Employees with technical information and instructions that enable them to adopt the best means for implementing the provisions of the DecreeLaw and this Resolution;
b.
2. The incidents in violation of the provisions of the 2.
Decree-Law, this Resolution, and the Legal
Regulations, shall be captured according to the
following actions:
a. If the inspector verifies, during his inspection,
a.
that there is a violation of the Decree-Law or
its Executive Regulations or decisions, he shall
draw down a report to record therein the violation, and submit it to the competent authority to take the necessary actions against
the violator;
b. The labor inspector may, when necessary, request the competent administrative or security authorities to provide the necessary assistance;
b.
c. Violations shall be captured and recorded by the inspectors in accordance with the mechanisms, regulations, channels and forms set by the Ministry; and
c.
d. Employers and their representatives shall provide the labor inspectors with the necessary facilities and data for performing their duty, and respond to requests for appearing before them, or send a representative, if they are requested to do so.
d.
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3. The Minister may issue the necessary mechanisms to organize the work of the inspectors and the inspection procedures.
Article (34) Administrative Penalties
Subject to the provisions of Articles No. 58, 59, 60, 61, 62, 63 and 64 of the Decree-Law, in the event of a violation of the obligations stipulated in the Decree-Law and this Resolution, the Ministry shall be granted the powers to impose administrative penalties, as stated in Article (3) of Federal Law No. (14) of 2016 referred to in the Decree-Law.
Article (35) Procedures for Grievances against Decisions of the
Ministry Subject to the provisions of Article No. (69) of the Decree-Law, the two parties to the employment relationship may challenge the decisions issued by the Ministry in accordance with the following procedures: 1. The request shall be submitted through the
channels specified by the Ministry with its Grievance Committee within thirty (30) days from the date of being aware of the decision; and
2. The grievance request shall include all data and documents substantiating the grievance request. Article (36) Emergencies
Subject to the provisions of the Decree-Law and this Resolution: 1. In exceptional emergencies to be determined by a
resolution of the Cabinet, work mechanisms that are appropriate with the circumstances of these cases may be applied, whilst observing therein the interests of all parties to the employment relationship, and these mechanisms include without limitation: a. Applying remote work system;
3. 34
58 59 60 61 62 63 64 2016 14 3
35
69
1. 30
2. 36
1.
a.
b. Granting the Employee paid leave;
b.
c. Granting the Employee unpaid leave; and
c.
d. Reducing the Employee's salary;
2. Without prejudice to the provisions of Paragraph No. (1) of this Article, the Minister shall issue the necessary decisions for implementing the appropriate work mechanisms in light of emergency and exceptional cases. Article (37)
d.
2. 1
37
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The Minister shall issue the necessary decisions for implementing the provisions of this Resolution.
Article (38) Any provision that contradicts or conflicts with the provisions of this Resolution shall be repealed.
Article (39) Publication and Coming into Force
This Resolution shall be published in the Official Gazette, and come into force as of 2 February 2022.
38
39
2022 2 2
The original was signed by His Highness Sheikh Mohammed bin Rashid Al-Maktoum, the Prime Minister.
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