article 120 uae labour law 2020
If the worker adopts a false identity or nationality or submits forged certificate or documents; 2. During Ramadan, an employee's normal working hours should be reduced by two hours (with no reduction in pay). Whilst the MHRE Employment Contract is recognised by the UAE authorities and the UAE labour courts as the operative employment contract, the terms of a Company Employment Contract will be enforceable in so far as they do not seek to exclude rights or entitlements afforded by the UAE Labour Law. Penalties under the Discrimination Law are severe and include five years' imprisonment and/or a fine of between AED500,000 and AED1,000,000. Redundancy refers to the dismissal of an employee as a result of a reduction in the business requirement for that employee's services. Decision 281 also specified that employers are required to implement protective measures for employees who continue to be based in offices (eg, the provision of screening devices to take temperatures and to check virus symptoms). Federal Law no. This is in accordance with Article 120 (e) of the Federal Law No. during the work the employer, responsible manager or co-worker. In the Middle East, it operates as one practice from three offices in the UAE, Qatar and Oman. register a complaint with the free zone authority. Once an employee employed under an unlimited employment contract has successfully completed their probationary period, they will be entitled to receive a minimum of 30 calendar days' written notice of termination (or any greater notice period contained in the employee's MHRE Employment Contract or Company Employment Contract). Federal Law no. This process envisages an employee being: If the company's internal disciplinary policy requires steps in addition to those set out above, those steps must be complied with as well. money from company which is more than gratuity, the employer has right to Employees are not permitted to lose their entitlement to annual leave; ie, any accrued untaken annual leave must either be carried forward or paid out to the employee either: All employees are entitled to leave on UAE public holidays announced by the UAE government. Ministerial Decision No 280 of 2020 ("Decision 280") was introduced on 26 March 2020 to provide additional protections to UAE nationals employed in the private sector by companies registered with the MHRE. The labour market testing process does not impose an obligation on employers to offer roles to UAE nationals. Employees between 15 and 18 years of age may not work more than seven hours per day (inclusive of a one-hour rest break) and may not be required to work overtime. Most individuals will be sponsored for UAE residence visa purposes by their employing entity, although it is possible for an individual to be sponsored by their spouse or parent and to obtain a work permit for the UAE. 30 days' basic pay for each year of service thereafter. that the Labor Department is notified of the incident within 48 hours of the knowledge The UAE Labour Law does not distinguish between "blue-collar" and "white-collar" employees (although it does not apply to domestic or agricultural workers). The authors' commentary in this practice guide addresses employment matters in the private sector in mainland (onshore) UAE and does not seek to cover the rules and regulations that apply in the UAE's two financial free zones, the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM), where different legislative and regulatory regimes apply. Similarly, if an employee resigns before the expiry of their fixed-term employment contract, they will be obliged to pay their employer early termination compensation equal to the lesser of: Redundancy (Unlimited-Term Employment Contracts). Ministerial Decision No 281 of 2020 ("Decision 281") was introduced on 29 March 2020 to regulate remote working. breaches the limited contract, If employee Others may not by employed in the United Arab Emirates except as provided for in this Law and its executive orders. informing the employee of their redundancy in writing. How may a limited term contract be renewed? 118 Qatari Labour Law, Article 116; Kuwaiti Labour Law, Article 99. Enhanced protection for pregnant employees. If an employee believes that he has been dismissed illegally, he can complain to Ministry of Human Resources and Emiratisation. Should the worker If the court considers that the claim or a particular issue requires further investigation or analysis, it has absolute discretion to appoint an "expert" to investigate certain aspects of the claim. UAE labour law Termination ,Compensation, Benefit, Notice period, Article 120, pay, Dismiss, Termination of Contract limited and Unlimited United Arab Emirates. Article 30 BIS has been added to the UAE Labour Law, stating that any dismissal of, or disciplinary sanction issued to, an employee for being pregnant will amount to arbitrary dismissal. Should he be will be dismissed in case of repeating. Certain specified sectors, such as retail (restaurants, hotels, shops), are permitted to observe a nine-hour working day (excluding one hour for lunch) with the prior approval of the MHRE. convicted in a final manner by the competent court in a crime of honor, honesty Employment matters in the private sector in mainland (onshore) UAE are regulated by UAE Federal Law No 8 of 1980, as amended (the UAE Labour Law). assessing the process for the recruitment and appointment of UAE nationals. Twelve-month restrictions are normally only accepted in relation to the most senior employees (eg, chief executive officers) who have significant access to their employer's confidential information and influence over clients/customers. the employee's other outstanding contractual and statutory entitlements (including any unpaid end of service gratuity and notice pay). 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. CONCERNING THE REGULATION OF LABOUR RELATIONS . Ministerial Decision No 212 of 2018 (On the Regulation of Employing Nationals in the Private Sector) ("Decision 212/2018") was introduced to control the circumstances in which UAE nationals may be dismissed.