Worker’s rights in the UAE labor law

Byalkindiadvocates

In light of the global trend towards improving working conditions and enhancing workers’ rights, the United Arab Emirates is at the forefront of countries that have established a solid legal framework to guarantee workers’ rights and protect them from exploitation. The UAE Labor Relations Regulation Law, issued by Federal Decree-Law No. 33 of 2021 and its amendments, represents an advanced model in this context, as it clearly defines the rights and obligations of both the worker and the employer. In this article, we will review some of the most prominent rights guaranteed by this law to workers in the UAE.

The basic rights of the worker in the UAE labor law

  • Carrying out the agreed work

The UAE labor law guarantees an employee the right to perform the work agreed upon in the contract. The employer may not assign the employee tasks that are fundamentally different from those agreed upon, except in cases of extreme necessity that necessitate it, and this change must be temporary. In the event of such a change, the employer must bear all resulting financial costs, such as transportation and accommodation costs.

  • Working for specific hours

The UAE labor law specifies daily and weekly working hours to ensure workers are not exploited. Employers cannot make employees work more than the specified hours, either daily or weekly, except in exceptional circumstances and with the employee’s consent. In such cases, the employee is entitled to additional pay for overtime hours, which differs from the regular hourly rate.

  • Proof of an unwritten employment contract

Some workers face challenges when they do not have a written employment contract, which may expose them to problems in proving their rights. Therefore, the UAE legislator stipulated the worker’s right to prove the employment contract by all possible means of proof if there is no written contract. This gives the worker significant legal strength in protecting their rights and proving the existence of the contractual relationship.

  • Leaves

The UAE labor law provides employees with several types of paid leaves, including:

  1. Official holidays: The law grants the worker the right to receive paid leave on official holidays. If the employer needs the worker to work on these days, they must compensate them with an alternative rest day or pay extra wages.
  2. Annual leave: The worker is entitled to paid annual leave. If the worker does not use their leave balance, they are entitled to monetary compensation for it.
  3. Maternity leave: Female workers are entitled to paid maternity leave. The law specifies the duration of the leave and the rights of the worker during this period.
  4. Sick leave: The worker is entitled to paid sick leave when suffering from an illness, whether it is work-related or not. The law specifies how the wages are calculated during this leave.
  5. Various leaves: These include bereavement leave, parental leave to care for a child, study leave, and leave for performing national service. The worker is also entitled to unpaid leave upon request.
  • Protection from forced labor

The UAE labor law grants workers strong protection against any attempt to force them to work against their will. The law stipulates that any form of coercion or compulsion is considered a legal violation, whether it involves the use of force, threats, or any other means. This right enhances the worker’s sense of safety and stability in the workplace.

  • Salary

Salary is one of the most important rights guaranteed by labor law to the worker. The law ensures that the worker receives the agreed-upon salary at the specified times. This includes all financial benefits associated with the work, such as allowances and bonuses. The law also stipulates that the salary must be fair and commensurate with the nature and conditions of the work.

  • End-of-service gratuity

The UAE labor law guarantees the worker the right to receive an end-of-service gratuity upon the termination of their employment. The conditions and circumstances for obtaining this gratuity are specified by the law, and the value of the gratuity varies based on the worker’s length of service and type of work. The gratuity is calculated based on the worker’s last salary and applies to all categories of workers regardless of the nature of their work.

Workers’ rights in the United Arab Emirates are protected under labor law, reflecting the country’s commitment to providing a fair and safe working environment. These rights help strengthen the relationship between the worker and the employer, ensuring continued productivity and job satisfaction. We hope this article has highlighted some of the essential rights of workers and the importance of employers respecting them. For any legal inquiries or additional information, please contact our office for specialized advice.

References

UAE Labor Relations Regulation Law issued by Federal Decree-Law No. 33 of 2021 and its amendments.