UAE Labor Laws; Rights of Employees and Procedures for Termination

As an employee in the UAE, it is important to be aware of your rights and legal obligations. Firstly, upon your arrival in the UAE, you will be expected to sign your employment contract. Additionally, it is the employer’s responsibility to cover travel expenses and residency permit costs as agreed upon in the employment agreement.

The terms and conditions stated in your contract should align with the job offer you initially accepted. It is also essential to keep a copy of your job offer handy. In case your employer fails to provide the promised job opportunity or delays salary payments, it is advisable to contact the Ministry of Human Resources and Emiratisation.

Lastly, make sure to store your identification documents. Employees have the right to leave their jobs at any time. It is important to be aware of obligations. The UAE, as a member of the Arab Labour Organization and the International Labour Organization (ILO) is committed to ensuring objective treatment of workers.

They constantly review all aspects of employment in the UAE to ensure that immigrant workers are respected and can easily report any mistreatment they experience. It's also important to note that it is illegal for employers to hold onto employees' passports and employees do not require their employers' permission to leave the UAE.

According to Article 42 of the UAE Labour Law, an employment contract can be terminated in situations:

1. When a contract expires without renewal or extension.
2. If both employee and employer mutually agree in writing to terminate the contract.
3. Either party can terminate the contract as long as they adhere to the provisions outlined for terminating employment contracts including providing a written notice within a specified notice period agreed upon by both parties (which is typically between 30 and 90 days according to Article 43).
4. In case of an employer's death when the subject matter of the contract is tied directly to their organization. Please note that there seems to be an incomplete point number 5, in your text.

There are situations in which an employee has the right to end their contract with notice as outlined in Article 45 of the legislation. These situations include when the employer fails to fulfill their contractual obligations, towards the employee provided that the worker informs the Ministry of Human Resources and Emiratisation within 14 working days before they intend to quit.

Another situation is when the employer engages in harassment or assault against the employee at the workplace and the employee reports this to authorities and the Ministry of Human Resources and Emiratisation.

Furthermore, it is important to note that if an employer assigns an employee with tasks that significantly differ from what was agreed upon in the employment contract, the employee must provide written consent before carrying out tasks. However, there are exceptions where performing tasks may be necessary as outlined in Article 12 of the UAE Labour Law.

Lastly, employers have a responsibility to eliminate any factors that pose a risk to the health and safety of their workers even if they were already aware of these risks. The specific dangers within the workplace are detailed in Article 26 of Cabinet Resolution No. 1 of 2022 on the Implementation Regulation of Federal Decree Law No. 33 of 2021.

To conclude, UAE labor laws encompass provisions regarding the rights and termination procedures for employees, under employment contracts.

Written by:

Abdul Wahied Mohammad Sharief | Dar Al Haqooq Legal Consultancy​