Federal Decree-Law No. (9) of 2024 Amending Some Provisions of Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations

* This Federal Decree-Law has repealed articles (54) and (60) of the Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations

Preamble

We, Mohammed bin Zayed Al Nahyan, President of the United Arab Emirates,

After reviewing

- The Constitution, and

- Federal Law No. (1) of 1972 Concerning the Jurisdiction of Ministries and the Powers of Ministers, and its amendments, and

- Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations, and its amendments,

And based on what was presented by the Minister of Human Resources and Emiratisation, and the approval of the Cabinet,

We have issued the following Decree-Law:

Article One

The text of Article (54) and the text of Article (60) of Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations shall be replaced by the following texts::

Article (54)

Individual Labor Disputes

1. If the employer, the worker, or any of their beneficiaries dispute any of the rights due to either of them under the provisions of this Decree-Law, they shall submit a request to the Ministry, which shall examine the request and take whatever it deems necessary to settle the dispute between them amicably.

2. The Ministry shall resolve the dispute by a decision whenever the value of the claim subject to the dispute does not exceed the amount of (50,000) fifty thousand dirhams, or whenever the dispute is regarding the failure of either party to abide by the amicable settlement decision previously issued on the subject-matter by the Ministry, regardless of the value of the claim.

3. The Ministry’s decision to settle the dispute in accordance with its powers stipulated in Clause No. (2) of this Article shall have the force of an executive instrument, and shall be stamped with the executive formula in accordance with the usual procedures. Any party to the dispute may file a lawsuit before the competent court of first instance to consider the subject-matter of the dispute within (15) fifteen working days from the date of notification or announcement of the decision. The court shall set a session to consider the lawsuit within (3) three working days from the date of filing the lawsuit, and the two parties to the dispute shall be notified thereof. It shall decide on it within (30) thirty working days from the date of filing the lawsuit with it. The judgment issued by the competent court of first instance on the subject-matter of the dispute in accordance with the provisions of this clause shall be a final judgment, and filing the lawsuit shall result in the suspension of the implementation of the Ministry’s decision referred to in this clause.

4. In the event that an amicable settlement is not possible within the period specified in the executive regulations of this Decree-Law, and in cases other than those stipulated in Clause No. (2) of this Article, the Ministry shall refer the dispute to the competent court. The referral shall be accompanied by a memorandum containing a summary of the dispute, the arguments of the two parties, and the Ministry’s recommendation.

5. During the validity of the dispute, the Ministry may oblige the employer to continue paying the worker’s wages for a maximum period of (2) months, if the dispute results in the suspension of the worker’s wages, and in accordance with the executive regulations of this Decree-Law.

6. By a decision of the Minister, other administrative procedures or measures may be imposed on the establishment, to avoid the existing individual dispute leading to a collective labor dispute that harms the public interest.

7. The competent court of first instance shall, within (3) three working days from the date of receipt of the request, set a session to consider the case, and shall notify the two parties to the dispute, and shall decide on it expeditiously.

8. A lawsuit filed by any party in relation to the disputes referred to in this article before the competent court of first instance shall not be accepted without observing or following all the procedures and deadlines stipulated in this article.

9. A lawsuit shall not be heard regarding any of the rights arising under the provisions of this Decree-Law after two years have passed from the date of termination of the employment relationship.

Article (60)

1. A fine of not less than (100,000) one hundred thousand dirhams and not more than (1,000,000) one million dirhams shall be imposed on anyone who:

A. Employs a worker who is not authorized to work for him.

B. Recruits or employs a worker and leaves him without work.

C. Uses work permits for purposes other than those for which they were
issued.

D. Closes an establishment or suspends its activity without taking measures to settle the rights of workers, in violation of the provisions of this Decree-Law, its executive regulations and the decisions issued in implementation thereof.

E. Employs a juvenile in violation of the provisions of this Decree-Law.

F. Whoever agrees to employ the juvenile in violation of the provisions of this Decree-Law, who has guardianship or custody over the juvenile.

2. Any employer who circumvents the provisions of the laws, regulations, or decisions regulating the labor market and appoints one or more workers in a fictitious manner shall be punished by a fine of not less than (100,000) one hundred thousand dirhams and not more than (1,000,000) one million dirhams. If this results in the worker obtaining any benefit or advantage from any ministry, council, fund, authority or any other governmental body that the law or decisions issued by the Council of Ministers have granted one or more powers to regulate the labor market or increase the competitiveness of its working cadres, or helps him evade fulfilling obligations stipulated by the legislation, the court shall order the employer to return the value of the financial incentives provided to the worker to any of the entities referred to in this clause. The employer may not refer to the worker to claim the value of the financial incentives that he paid to any of the entities referred to in this clause, and the penalty stipulated in this clause shall be multiplied by the number of workers who were appointed fictitiously.

3. A criminal case may not be initiated regarding the crime stipulated in clause (2) of this article except at the request of the Minister or his delegate.

4. The Ministry may make a settlement regarding the crime stipulated in Clause (2) of this Article upon the employer's request before a judgment is issued, in return for paying an amount not less than (50%) of the minimum value of the fine specified for this crime, in addition to the employer returning all the values of the financial incentives received by his workers who were appointed in a fictitious manner, and the criminal case shall expire upon payment of the settlement amount.

Article Two

1. The Courts of Appeal shall automatically refer all requests, disputes and grievances subject to the provisions of Clause (3) of Article (54) of Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations to the competent court of first instance in the case in which they are without fees, from the date of the implementation of the provisions of this Decree-Law.

2. The provision of Clause (1) of this Article shall not apply to disputes that have been adjudicated or reserved for the pronouncement of judgment.

Article Three

Any provision that contradicts or conflicts with the provisions of this Decree-Law shall be repealed.

Article Four

This Decree-Law shall be published in the Official Gazette, and shall come into force after (30) thirty days from the date of publication.

Issued at the Presidential Palace in Abu Dhabi on: 23/Muharram/1446 AH
Corresponding to 29/July/2024 AD
Mohammed bin Zayed Al Nahyan
President of the United Arab Emirates