text
stringlengths
0
99.7k
This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document FEDERAL DECREE -LAW NO. 9 OF 2022 CONCERNING DOMESTIC WORKERS AND ITS AMENDMENTS We, Mohamed Bin Zayed Al Nahyan, President of the United Arab Emirates - Having perused the Constitution - Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries and powers of the Ministers and amendments thereof - Federal Law No. 35 of 1992 promulgating the Criminal Procedure s Law and amendments thereof - Federal Law No. 10 of 2017 Concerning Domestic Workers - Federal Decree -Law No. 29 of 2021 Concerning the Entry and Residence of Foreigners - Federal Decree -Law No. 31 of 2021 promulgating the Crimes and Penalties Law - Federal Decree -Law No. 33 of 2021 regulating labor relations - As proposed by the Minister of Human Resources and Emiratisation and approved by the UAE Cabinet Promulgated the following Decree -Law : Article 1 Definitions For the purposes of implementing the provisions of this Decree -law, the following terms and expressions shall have the meanings opposite thereto unless the context requires otherwise : State : United Arab Emirates Ministry : Ministry of Human Resources and Emiratisation This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Minister : Minister of Human Resources and Emiratisation Domestic Service : Service s performed by a worker to an employer or his/ her family in the employer’s residence in accordance with the provisions of this law. Domestic Worker : A natural person who performs a household service for a wage under the direction, supervision, and guidance of his / her employer Employer : Any individual or recruitment agency that hires a worker for domestic duties . Family / the Employer's Family : Any individual bound by kinship or marriage to the employer or receiving financial support from the employer in accordance with applicable laws . Workplace : Permanent or temporary residence of the employer/beneficiary or his/h er family , including residential properties , farmland or similar facilities Recruitment Agency : A company authorized to act as an intermediary ) whether through a physical location or a digital channel) to recruit workers upon the employer's request, or to assign temporary employees to jobs in accordance with the provisions of this decree law. Direct recruitment of a Named Domestic Worker : A domestic worker may be recruited by the domestic worker recruitment office from outside the list of domestic workers registered with the office based upon the employer's request and demand . Temporary Employment : In this system, an agency hires a worker for the purpose of assigning the worker to a third party This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document (the beneficiary), in accordance with the requirements of this law, to perform a particular category of tasks under the beneficiary’s supervision and direction . Recruitment of Domestic Workers through Mediation : A service provided by the recruitment agency in which domestic workers are recruited to be registered under the employer's file without the agency becoming a party. Beneficiary : Any natural person who employ s a domestic worker to perform certain tasks under his/her supervision and direction pursuant to a temporary employment terms and conditions. It may be for a specific period of time or for the purpose of performing a specific task or service . Employment Contract : Any Contract between an employer and a domestic worker governing the rights and obligations of both parties in accordance with the unified standard c ontract adopted by the Ministry. Probation Period : A trial period required by the employer for a newly hired domestic worker, which allows the employer to evaluate the worker’s performance , conversely , allow the domestic worker to be familiar with his/her responsibilities and the work environment, and accordingly, the employment contract may be continued or terminated in accordance with this Decree -Law, its Implementing Regulation, and the decisions issued in implementation thereof . Basic Remuneration : The basic salary specified in the employment contract, without addition al bonuses, allowances, or any other benefits . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Total Remuneration : Basic wa ge plus all allowances, bonuses in addition to any other benefits stipulated in the domestic worker's employment contract –if any. Article 2 Objectives of the Decree -Law The following objectives are intended to be achieved by this Decree -Law: 1. Establishing a framework for employment relationships with domestic workers in the state , outlining the responsibilities of the parties, in a manner that ensures an equitable balance between the rights of both parties. 2. Maintaining a safe and healthy working environment for domestic workers in compliance with local laws and international agreements . Article 3 Scope of Application 1. The provisions of this Decree -law shall apply to the recruitment and employment of domestic workers whose occupations are listed in its Implementing Regulation. 2. The Minister may amend the occupations stipulated in Clause (1) of this Article in order to meet market demand for domestic workers . 3. In the event that the domestic worker travels abroad with his / her employer or family members, it is mandatory for all parties to the employment contract to abide by the terms of the employment contract unless otherwise provided by the laws of the foreign country of destination. Article 4 This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Licensing o f Domestic Workers Recruitment Agencies 1. Domestic workers may not be hired or temporarily employed with out a license from the Ministry, in accordance with the provisions of the Implementing Regulation of this Decree -Law and the decisions of the Ministry relating thereto. 2. Domestic workers may only be recruited or employed in accordance with the requirements, regulations, and procedures stipulated in this Decree - Law, its implementing its Implementing Regulation and the decisions of the Ministry relating thereto , as well as any other relevant legislation in force in the UAE, subject to compliance with any licensing requirements for each occupation, where applicable. 3. Recruiting or hiring a domestic worker under the age of 18 is prohibited . 4. The following acts must not be committed by employers and recruiters of domestic workers, whether they are hired on a temporary basis or retained on a permanent basis: a) Discrimination against domestic workers on the basis of race, color, gender, religious belief, nationality, ethnic origin, or disability, which would hinder equal opportunities or prejudice adequate employment opportunities and rights . b) Any form of sexual harassment perpetrated against a domestic worker, whether it is verbal or physical in nature . c) Forced labor or any practice that constitutes human trafficking according to local laws and state -ratified agreements . 5. The Ministry prohibits the employment of domestic workers for any tasks that are not covered by this decree -law without obtaining a prior approval. 6. The Minister shall issue a decree regulating recruitment agencies setting forth the conditions that should be satisfied by employer s in order to be able to recruit and employ domestic workers governed by the provisions of this decree -law, as well as the rules, procedures , statements and forms that must be used by these recruitment agencies. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Article 5 Recruitment Agencies' Obligations The following principles are to be observed by recruitment agencies : 1. Avoid recruiting a domestic worker from his/her country of origin without first providing him/her with information regarding the type, nature, and wages of the work required. Furthermore , it is necessary to proof that the domestic worker is physically, psychologically, and professionally fit, taking into consideratio n the nature of each profession , in addition to other conditions specified in the Implementing Regulation of this decree -law and the decisions of the Ministry relating thereto . 2. It is prohibited for the Agency to demand or accept, directly or indirectly, any commission for securing the job from any domestic worker or to charge them any expenses. 3. Required medical examination s for the domestic worker must be conducted within a period of 30 days prior to the domestic worker's arrival in the UAE. 4. Provide education and exposure to the customs and traditions of UAE society to the domestic worker . 5. The Agency should provide a decent equipped temporary accommodation for domestic workers (whether they are registered under the office or mediated by the office for that purpose , for the period before moving to their workplace or those who are returne d to the office for any reason), in accordance with the rules and regulations pertaining to labor accommodations in the state and any other requirements set by the Ministry. 6. Being courteous to the domestic worker and treat him/her with respect and avoid exposing him/her to violence . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 7. Make certain that domestic workers are aware of their rights and direct them to the proper channels in the eve nt that their rights or freedom are violated. 8. Provide the employer with a booklet of wage receipts or any other documentation that proves the payment of wages to the domestic worker to ensure that the latter receives his/her wages in accordance with the process and chan nels specified by the Ministry . 9. Assume the cost of repatriating the domestic worker, and provide the employer with a suitable replacement without incurring any additional expenses, or reimburse the employer for all payments made, in accordance with the decisions issued by the Ministry . 10. Additional obligations of Recruitment Agencies towards domestic workers, employers, the Ministry, and recruitment agencies outside the country, as outlined by the Implementing Regulation of this Decree -Law and the decisions of the Ministry relating thereto . Article (6) Domestic Worker's Employment Contract 1. Recruitment agencies and employers shall enter into a Contract , in accordance with the unified standard contract mandated by the Ministry, defining their respective responsibilities relating to the recruitment of domestic workers, in particular, this contract shall include the following: a) Recruiting domestic workers based on the employer's requirements b) Employers must comply with domestic workers rights and privileges, particularly those related to t he type of work and total wages. c) Amounts incurred by the employer in connection with the domestic worker's travel from their home country to the UAE and the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document compensation fo r the services rendered by the r ecruitment office . The Minister may, after the approval of the UAE Cabinet , establish the controls and fees structure for recruitment services . d) Time required for the completion of the recruitment process . 2. In the event that the recruitment agency fails to comply with the provisions contained in clause (1) herein , the recruited domestic worker may be refused employment by the employer . In this case, the provisions outlined in the Implementing Regulation and any relevant decisions issued by the Ministry regarding the provision of an alternative domestic worker or reimbursement of recruitment fees to the employer will apply. This is without prejudice to the employer's right to seek compensation from the recruitm ent office for any damages incurred as a result of the breach of contract. Article 7 Employment Contract 1. Employers are required to enter into an employment contract with domestic workers in accordance with the unified standard contract mandated by the Ministry of Human Resources and Emiratisation , and a copy of the contract must be given to the worker. 2. The employment contract shall clear ly indicate the names of both parties, the date of the contract, date of joining, nature and place of work, duration of the contract, total amount of remuneration , payment method, authorized leave, probation period, rest periods, as well as any instances that may result in the termination of the contract, as outlined in the Ministry's standard contract unified standard. 3. The duration of a limited employment contract is two years and may be renewed for a similar period . A contract may be extended under the same conditions if both parties continue to apply the contract after the expiration of its initial term it should be understood that the original contract has been extended , under the same conditions including the duration of the contract. Upon mutual agreement of the parties to the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document employment contract , the contract may be terminated prior to its expiration date. Article 8 Probation Period The employer may appoint a domestic worker on a probationary basis for a period of not more than (6) six months from the date of employment . Article 9 Working Hours and Weekly Holiday 1. Domestic workers are entitled to a paid weekly rest day under the Implementing Regulation of this Decree -Law. If the domestic worker is required to work during his rest day, she/ he shall be granted alternate one day off for rest or be compensated cash in lieu for this rest day. 2. Domestic workers are entitled to rest of at least twelve hours (12) per day, of which at least eight (8) hours are consecutive working hours , in accordance with the executive decisions issued by the Ministry. Article 10 Leaves 1. The domestic worker is entitled to an annual leave of not less than 30 days for each year of service which shall be paid in full before his/her departure on annual leave . For periods exceeding six months but less than one year of service, the domestic worker shall be entitled to two days per month . Depending on the circumstances, the employer may determine the date on which annual leaves are to commence, and he may choose to divide the leave into two parts if necessary . 2. The employer should pay the domestic worker's wage in addition to cash in lieu of leave for the days during which he/she worked if the exigencies of his/her work necessitate the domestic worker to work during his/her annual leave in whole or in part, and t he period of leave during which This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document he/she has worked has not been carried forward to the next year. However, it is prohibited for a domestic worker to work during his /her annual leave more than once during two consecutive years . 3. A domestic worker's annual leave includes holidays prescribed by law that occur duri ng the period of his/ her annual leave. 4. In the event that a domestic worker wishes to spend his /her annual leave in his /her home country, the employer must incur the cost of the return ticket once every two years. In the event that both parties agree to terminate the contract following the domestic worker annual leave, the employer will bear the cost of the return ticket only. 5. Upon expiration or termination of the domestic worker's employment contract, he / she will be entitled to receive cash in lieu of the unused annual leave days. The cash in lieu of leave is calculated on the basis of the last remuneration received by the worker . 6. Domestic workers are entitled to a sick leave of 30 days for each year of service either continuous or intermittent , which may be availed whenever a medical report issued by an approved health authority demonstrates that the worker is in need of such leave , calculated in the following manner : a. The first fifteen days are paid in full. b. The next fifteen days at half pay. 7. If the domestic worker's behavior contributed to the illness, no payment will be made during sick leave . Article 11 Obligations of the Employer Employers are required to follow the obligations outlined in employment contracts in addition to the following: This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 1. Provide all the facilities needed for the domestic worker to perform his / her duties effectively. 2. Prepare an appropriate accommodation for the domestic worker . 3. Provide the domestic worker with meals and clothing necessary for the perform ance of their duties, provided that the worker is employed on a full-time basis and not on temporary basis unless agreed otherwise. 4. Timely p ayment of remuneration to domestic workers in accordance with the employment contract, this Decree -Law and the Ministry's decisions . 5. Incur the costs of the domestic worker's medical care in accordance with the health system in effect in the state, or, alternatively, provide the domestic worker with appropriate health insurance in accordance with the laws and regulations governing the state's health system . 6. Be respectful of the domestic worker, treat him/her with courtesy, and maintain his/her dignity and safety . 7. In no case may the domestic worker be employed by any other person except in accordance with the Implementing Regulation of this Decree - Law and the decisions issued by the Ministry. 8. Refrain from hiring any domestic worker unless he/she has a valid license to work, as outlined in this Decree -Law and in the decisions issued by the Ministry . 9. Providing the prescribed compensation for work injuries and occupational diseases as provided for in Decree -Law No. 33 of 2021 regarding the regulation of labor relations referred to, and decisions issued in implementation thereof . Employers may not be relieved of this obligation unless the insurance company pays the compensation outlined here in. 10. The domestic worker may not be assigned a duty that is different from the nature of his /her work, except with his/her explicit consent , This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document provided that the occupation is listed in the Implementing Regulation of this Decree -Law. 11. The domestic worker should be allowed to retain all official documents. 12. In the event of the death of a domestic worker during service, his/her heirs will be entitled to the wages for the month in which he /she died, in addition to any other entitlements due this worker . 13. Employers may not charge domestic workers any costs or charges whatsoever , whether directly or indirectly, unless otherwise specified in this Decree -Law and its Implementing Regulation, in decisions issued by the Ministry, or in the contract form approved by the Ministry . 14. Any violation of the applicable legislation by a domestic worker should be reported to the Ministry, and the employer must abide by any decision made by the Ministry. 15. The employer shall incur the costs associated with repatriating the domestic worker to his / her country of origin in accordance with the provision s of this Decree -Law and its Implementing Regulation. 16. In addition to other obligations prescribed by this Decree -Law, its Implementing Regulation and decisions made by the Ministry . Article 12 Obligations of the Domestic Worker Domestic workers are required to follow the obligations outlined in employment contracts in addition to the following : 1. The domestic worker must perform his/her duties under the supervision of the Employer and in compliance with the provisions of the This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Employment Contract, maintain a high standard of care and diligence while performing his/her duties, and refrain from absenteeism without valid reason. 2. Observe and adhere to the customs and traditions of society . 3. The domestic worker shall comply with the employer's instructions regarding the completion of the agreed work, unless these instructions violate the employment contract, the law, public order, public morals, or expose him /her to danger or legal repercussions. 4. Provide care and maintenance for the items in his/her possession or at his/her disposal by following the necessary safekeeping procedures . 5. A domestic worker must respect the privacy of the workplace and shall not divulge any information or secrets that may have come to his / her knowledge during the course of the employment. 6. Work tools/items must not be taken outside the workplace except with the permission of the employer, and should be kept in their designated locations at all times . 7. Provide necessary aid and assistance in the event of disasters and hazards that threaten the workplace and its occupants . 8. In addition to other obligations prescribed by this Decree -Law, its Implementing Regulation and decisions made by the Ministry . Article 13 Occupational Health and Safety Both the employer and the domestic worker shall adhere to the approved occupational health and safety requirements a nd preventative health This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document measures, i n accordance with the Implementing Regulation of this Decree -Law, in addition to any other applicable state laws. Article 14 Temporary Employment 1. The domestic workers recruitment office functions as the employer for temporary employment without affecting the obligations of the domestic worker to the person who benefits from the service or his family. Temporary employment terms are governed by the Implementing Regulation of this Decree -Law . 2. Workers employed under temporary employment for beneficiaries will be subject to the provisions of this Decree -Law, which regulates the relationship between the workers and beneficiaries. Article 15 Remuneration 1. Monthly salaries are to be paid in UAE dirhams within a period not exceeding 10 days from its maturity date . The Ministry may establish the method it deems most appropriate in order to ensu re the timely payment of wages. 2. Domestic workers are entitled to their wages as soon as they enter the state or change their status, and the payment of the wage must be confirmed by a written receipt, or any other means determined by the Ministry. Article 16 Deductions 1. Deductions of not more than a quarter of the domestic worker's pay shall be made for debts payable in execution of a court judgment. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 2. If the domestic worker caused any loss, damage or destruction to any tools, machines, equipment or products owned by the employer, kept in the custody of the worker or under his/her disposal, then the employer has the option to deduct from the worker's pay the amount required for rectifying error or restoring the item to its original condition, this arrangement is subject to the consent of the domestic worker or approval of the Ministry if the worker declines . In such a case, the deduction cannot exceed one quarter of the domestic worker's salary . Article 17 Suspension of Remuneration 1. In the event that a domestic worker is imprisoned in provisional detention, his/her wages will be suspended for the duration of his confinement. 2. In the event that a criminal case is filed in response to the notification from the employer against the domestic worker, if the court issues a judgment releasing the worker from standing a trial or acquits him/her, his/her remuneration for the suspension period must be paid in full , however, if the domestic worker is indicted, such pay will be forfeited . 3. In the event that a criminal case is filed in response to the notification from a third party, and if a domestic worker is found guilty, his/her suspended wages will be forfeited , however, if the investigation is terminated , or if the worker is acquitted, the complainant shall be required to pay the worker his/her suspended wages, unless the domestic worker agrees with complainant otherwise. Article 18 Job Abandonment This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 1. A domestic worker may leave work in specified circumstances under the Implementing Regulation of this Decree -Law and in accordance with the decisions issued by the Ministry . 2. Employers must notify the Ministry within five days if a domestic worker abandons work . 3. A domestic worker must inform the Ministry within two days of leaving work without the employer's knowledge . Article 19 Non -Default Termination Following are the circumstances in which the employment contract terminates: 1. Expiry of the period specified in the employment contract unless the contract is extended in accordance with the provisions of this Decree - Law and its Implementing Regulation. 2. Death or total disability of the domestic worker as determined by a medical report approved by the competent State Medical Authority . Employers are responsible for the costs of repatriating a deceased or ill worker to their homeland. 3. Death of the employer, however, the contract may remain valid until its expiration date provided that an agreement exists between the family and the domestic worker . 4. Conviction or imprisonment of the domestic worker on a felony or misdemeanor charge s. 5. Mutual consent of both parties to terminate the contract . 6. If the domestic worker exhausts all his / her sick leave or if the domestic worker is medically un-fit to work . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 7. In the course of a year, if the domestic worker is absent more than (10) ten consecutive days or (15) fifteen intermittent days without a valid reason. 8. A breach of the contractual obligations by either party to the contract may lead to the application of the provisions of Article 20 of this Decree - Law. 9. Upon the expiration of the employment contract, the employer shall pay the domestic worker's compensation within (10) ten days from the contract expiry date , depending on the circumstances and as specified in the Implementing Regulation. Article 20 Termination of the Employment Contract 1. A contract may be unilaterally terminated by either party if the other party fails to fulfill its obligations outlined in Articles 11 and 12 herein. 2. If the termination of the employment contr act was made for reasons not attributed to the domestic worker, the employer will be liable to pay the worker's due compensation in addition to the expenses for repatriating the worker to his/her home country. 3. If the domestic worker opts to terminate the employment contract after the probation period for reasons attributed to him/her , there will be specific obligations under the following circumstances: a) If a domestic worker is recruited by name / direct recruitment: The worker will be liable to bear the costs of his /her repatriation to his/her home country and to any amounts due to the employer acknowledged by the domestic worker . It is the employer's responsibility to compensate domestic workers who are unable to cover the cost of their repatriation. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document b) Domestic workers recruited through recruitment agencies are subject to the provisions of Article 5 of this Decree -Law . Article 21 Transfer to a New Employer 1. Domestic workers are permitted to transfer to new employers provided that all contractual requirements are met, while observing the rights of the original employer, and in accordance with the conditions and procedures prescribed by a Ministerial decision. 2. If the domestic worker joins another employer, the original employer will not be liable to pay the costs of repatriating the domestic worker to his/her home country, in accordance with Decree -Law, its Implementing Regulation and decisions issued by the Ministry. Article 22 End of Service Gratuity On the Minister's recommendation, the UAE Cabinet shall adopt the rules and regulations for calculation and payment of end of service gratuity for domestic workers . Article 23 * Resolving Disputes and Complaints 1. In the event that a dispute arises between the employer and the domestic worker, and both parties fail to reach an amicable agreement, the dispute must be referred to the Ministry, which has the authority to take the following actions: * The article is amended in accordance with the Federal Decree -Law No. (8) of 2024 Revising Some Provisions of Federal Decree -Law No. (9) of 2022 Concerning Domestic Workers This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document a) The Ministry shall take all measures necessary to resolve the dispute amicably. This will be done in accordance with the procedures stipulated in this Decree -Law and decisions issued by the Ministry. b) The dispute shall be referred to the competent court of first instance if attempts to reach an amicable settlement within the time limit prescribed in the implementing regulation of this Decree -Law do not succeed. The referral must be accompanied by a memorandum which summarizes the dispute, the parties' arguments, and the Ministry's recommendations. 2. As part of its responsibility to examine and study complaints received from employers and domestic workers recruitment agencies, the Ministry may take the following actions : a) Take all measures necessary to resolve the dispute amicably. This will be done in accordance with the procedures stipulated in this Decree -Law and decisions issued by the Ministry. b) In the event that an amicable settlement cannot be reached within two weeks of receiving the complaint, the dispute will be referred to the competent court of first instance . The referral must be accompanied by a memorandum which summarizes the dispute, the parties' arguments, and the Ministry's recommendations. 3. According to paragraphs (1) and (2) of this article, the Ministry will adjudicate disputes submitted to it in accordance with the two paragraphs referred to in the decision, provided that the value of the claim does not excee d 50,000 fifty thousand dirhams or whose dispute is concerning either party failing to adhere to an amicable settlement decision previously issued by the Ministry, regardless of the claim's value. 4. In accordance with paragraph No. 3 herein, the decision of the Ministry rendered to adjudicate the dispute shall be regarded as an executive bond, and stamped with the executive formula in accordance with the usual procedure. Both parties to the dispute are entitled to file a lawsuit withi n (15) fifteen working days following notification or announcement of the decision before the competent court of first instance. The court shall schedule a hearing within three working days of the date the case is filed, This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document notify the parties to the dispute of the hearing date, and decide the case within thirty (30) working days of the filing date. In accordance with this paragraph, the ruling of the competent court of first instance in the subject of the dispute shall be the final ruling. Upon filing the lawsuit, the Ministry's decision referred to in this provision will be suspended . 5. No lawsuit pertaining to one of the disputes mentioned in this article shall be accepted without following the procedures and deadlines stipulated in this article . 6. If the Ministry identifies any violations of this Decree -Law or its Implementing Regulation during the examination of the aforementioned disputes and complaints contained herein , the Ministry shall have the right to take the necessary steps to control and enforce the penaltie s stipulated in this Decree -Law and its implementing regulation in accordance with the procedures established by a Ministerial decision . 7. without prejudice to the provisions of this Article, the Ministry has the right, during the considerati on of a dispute or complaint in accordance with the procedures it sets forth, obligate the Domestic Workers Agency to pay any obligations incurred under the provisions of this Decree -Law, its implementing regulation, or the contract , in relation to a domestic worker, employer, or beneficiary as the case may be. Article 24 Inspection 1. Employees of the Ministry, appointed by the Minister of Justice in agreement with the Minister, for the purposes of proving violations of this Decree -Law, its Implementing Regulation, and the decisions issued in implementation thereto, enjoy the prerogatives of judicial officers. Ministry Inspectors shall have the following powers: a. Monitor the proper implementation of this Decree -Law, its implementing regulations, and the decisions issued in implementation thereto. b. Report violations of this Decree -Law, its implementing regulations, and the decisions issued in implementation thereto . c. Inspection of domestic workers recruitment agencies. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document d. Inspection of domestic workers' places of work and residence, including accommodation s provided by the recruitment agency for domestic workers . 2. Inspectors may not enter the employer's family residence without the consent of its owner , or with the permission of the Public Prosecutor in the following two circumstances: a. A complaint is submitted by the employer or the domestic worker b. Existence of reasonable evidence of violation of the provisions of the Decree -Law , its implementing regulations, and the decisions issued in implementation thereto. 3. In accordance with Clause (2) of this Article, the places of residence and work of domestic workers are excluded, including farms, manors and similar places which are not considered a residence of the employer and his family . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Article 25 Violations and Administrative Penalties 1. The Executive Regulation of this Decree -Law sets forth the administrative penalties applicable to violation of the provisions of this Decree -Law, its Implementing Regulation, and the decisions issued in implementation thereto. 2. This Decree -Law specifies the cases where some administrative measures may be taken on the file of an employer, a domestic worker, or a recruitment agency, requiring those parties to comply with the provisions of this Decree -Law, as outlined in the Implementing Regulation and the Ministry's decisions. Article 26 Legal Proceedings 1. The state courts have jurisdiction over disputes and litigation filed under this Decree -Law, its implementing regulations, and the dec isions issued in implementation thereto. 2. A lawsuit concerning any of the entitlements referred to under the provisions of thi s Decree -Law shall not be heard a fter the lapse of three months from the date of termination of the employment relationship. 3. Actions and applications filed by domestic workers shall be exempt ed from judicial fees throughout the entire litigation process . Such actions will be expedited. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Article 17 Penalties 1. Penalties imposed under this Decree -Law shall not preclude the imposition of harsher penalties under any other law. 2. Those who commit the following acts are subject to imprisonment for up to (6) six months, a fine of at least 20,000 dirhams (Twenty Thousand Dirhams) and up to 100,000 dirhams (One Hundred Thousand Dirhams), or one of these penalties: a. The submission of false information or documents with the intention of recruiting a domestic worker to work in the state . b. The act of obstructing or preventing a judicial officer from implementing this Decree -Law, it’s Implementing Regulation, and the decisions issued in implementation thereto , or attempting to prevent such officer from performing his duties, whether through force, violence, or threats of inflicting harm or violence. c. Disclosure of any secrets of the organization where he is employed (confidential information) he had access to while serving in the capacity of a public officer responsible for implementing the provisions of this Decree -Law, it’s Implementing Regulation , and the decisions issued in implementation thereto , even if such disclosure occurs after the individual leaves the organization. 3. A fine of at least AED 50,000 (Fifty Thousand Dirhams) and up to AED 200,000 (Two Hundred Thousand Dirhams) shall be imposed on those who commit the following: a. Provides employment to a domestic worker without obtaining a work permit for the latter. b. Employs or recruits a domestic worker and fails to provide him /her with employment. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document c. Make use of work permits for domestic workers for purposes other than those for which they were issued . d. Closure or cessation of the recruitment agency operations without following the necessary procedures for the settlement of domestic workers' dues in violation of the provisions of this Decree -Law, its Implementing Regulation, and the decisions issued in implementation thereto . e. Recruits or employs a juvenile under the age of (18) eighteen years, in violation of this Decree -Law. f. Assisting a domestic worker to abandon employment or providing them with shelter or housing in order to exploit or employ them in an illegal manner . 4. Those who commit the following acts are subject to imprisonment for up to (1) one year , a fine of at least 2 00,000 dirhams ( Two Hundred Thousand Dirhams) and up to 1 ,000,000 dirhams (One Million Dirhams), or one of the two penalties : a. Engaged in any form of mediation or temporary employment of domestic workers without obtaining a license pursuant to the provisions of this Decree -Law, it’s Implementing Regulation, and the decisions issued in implementation thereto . b. Those who misuse the authorization/login credentials granted to them to access t he Ministry's systems, or allowing others to access such systems in a manner that disrupts labor relations or procedures. 5. Domestic Workers Recruitment Agencies who violate this Decree -law, it’s Implementing Regulation , and the decisions issued in implementation thereto shall be subject to a fine of not less than (50,000) fifty thousand dirhams, and not more than (200,000) two hundred thousand dirhams. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 6. A fine of no less than AED 5,000 (Five Thousand Dirhams) and no more than AED 1 ,000,000 (One Million Dirhams) shall be imposed on those who violate any provisions of this Decree -Law, the Implementing Regulation and the Resolutions issued in implementation thereof. 7. According to the provisions of this Decree -Law, its Implementing Regulation , or the decisions implementing them, the fines imposed shall be multiplied in respect of the number of workers involved in the violation , up to a maximum fine of 10,000,000 ( Ten Million Dirhams ). 8. Before the lapse of (1) one year from being convicted of a similar violation, if the offender repeats any of the violations referred to in this Decree -Law, its Implementing Regulation, and the decisions issued in implementation thereto , the penalty will be doubled. Article 28 Final Provisions 1. The rights stipulated herein represent a minimum set of rights for domestic workers. It is understood that the provisions of this Decree -Law shall not preclude any of the rights that may be granted to domestic workers under any other law, agreement, declaration, regulation or Employment Contract, providing greater benefits to workers than the ones specified in this Decree -Law. 2. Based on a proposal of the Minister, the UAE Cabinet may amend the periods specified in this Decree -Law in a manner that is consistent with the public interest to achieve a balance in the relationship between the concerned parties. 3. The UAE Cabinet or its authorized representatives shall establish a minimum salary or monthly income for expatriates wishing to recruit or employ domestic workers, as well as set other controls on this regard . This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document 4. Provision s contrary to the provisions of this Decree -Law, even if it predates its effective date, it shall be declared null and void, unless it is more beneficial to the domestic worker. 5. The Arabic Language is the language used in all records, registers, data, contracts, forms , agreements and other documents as may be provided for in this Decree -Law or in any orders or regulations issued in implementati on of the provisions hereof. The Arabic text shall be accompanied by a foreign language understood by the non -Arabic - speaking domestic worker, provided that a consistency between the two languages is maintained. If a foreign language besi des the Arabic language is used. The Arabic text shall prevail in the event of a discrepancy . Article 29 Fee Structure Upon the recommendation of the Minister and the presentation of the Minister of Finance, the UAE Cabinet shall determin e the fee structure necessary for the implementation of this Decree -Law and its Implementing Regulation. Article 30 Implementing Regulation The UAE Cabinet shall issue the Implementing Regulation of this Decree -Law in accordance with the proposal of the Minister. This document was translated to English through a third party. The ministry is not responsible for any possible discrepancies between it and the original document Article 31 Repeals 1. This Decree -Law repeals Law No. (10) of 2017 concerning domestic workers, and any provision inconsistent with the provisions of this Decree -Law shall be repealed . 2. Decisions, rules, regulations and legislations in force prior to the issuance of this Decree -Law shall remain in effect and shall not conflict with its provisions until substitute laws are promulgated in accordance with its provisions. Article 32 Publication and Commencement This Decree Law shall be published in the Official Gazette and shall take effect (3) three months after the date of its publication . Mohamed Bin Zayed Al Nahyan President of the United Arab Emirates Promulgated by us at the Presidential Palace - Abu Dhabi On 9th of Safar 1444 A.H Corresponding to 5th of September 2022 A.D
1 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation CABINET RESOLUTION NO. ( 1) OF 2022 ON THE IMPLEMENTATION OF FEDERAL DECREE -LAW NO. (33) OF 2021 REGARDING THE REGULATION OF LABOUR RELATIONS The Cabinet : - After reviewing the Constitution ; and - Federal Law No. (1) of 1972 regarding the Competencies of Ministries and Powers of Ministers , and its amendments ; and - Federal Decree -Law No. (33) of 2021 Regarding the Regulat ion of Employment Relationships ; and - And Federal Decree -Law No. (47) of 2021 Regarding the United Arab Emirates National Employment Standards ; - And based on the proposal of the Minister of Hu man Resources and Emiratisation, and the approval of the Cabinet , Has Decided: Article (1) Definitions The same definitions set out in the Decree -Law shall apply hereto. In addition, the following terms and ex pressions shall have the meanings assigned to each , unless the context requires otherwise: Decree -Law : Federal Decree -Law No. (33) of 2021 Regarding the Regulation of Labour Relations. Legal Regulations : The resolutions , guidelines and circulars relat e to the work of the Ministry of Human Resources and Emiratisation. Article (2) Classification of Establishments Subject to the provisions of Clause (1) of Article (70) of the Decree -Law: 1. Establishments shall be classified according to criteria that include their economic activity, the number of workers employed , the cultural and demogra phic diversity of workers , the co mpliance with relevant Legal Regulations and the establishment support to the implementation of the government objectives related to Emi ratisation, training and skill s development. 2. The Cabinet shall based on the Minister ’s proposal , issue the necessary resolutions for the classification of establishments and the privileges granted to each category of establishment in a manner that enhances the competitiveness of the labo ur market. Article (3) Classification of Workers Subject to the provisions of Clause (2) of Article (70) of the Decree -Law : 1. Workers governed by the provisions of the Decree -Law shall be classified into categories according to criteria that include skill, educational qualifications , productivity, professional or salary levels, according to residency status . 2. The Cabinet shall, based on the Minister 's proposal, issue the necessary resolutions for the classification of the skill levels of workers in the labo ur 2 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation market and the privileges granted to each level for the purpose of enhancing labour market productivity . Article (4) Process for the Employment of Juveniles 1. Subject to the provisions of Article (5) of the Decree -Law, it is prohibited to employ juveniles in the following categories of work and occupations : a. Work in hazardous or harmful industries . b. Occupations which by its nature or the circumstances in which it is carried out is likely to jeopardise their health and safety 2. A decree of the Minister, in consultation with the concerned authorities, shall determine what constitutes dangerous work or arduous work or work which by its nature is detrimental to the health, safety or morals of juveniles 3. The employer of the juvenile shall comply with the following procedures : a. Keeping a special record of the juvenile s, including the name and age of the juvenile, the full name and contact details of his guardian or custodian, the place of residence of the juvenile and his custodian , the date of his employment and the work for which he is employed. b. Insuring the juvenile like regular workers. c. Training the juvenile to observe standards of occupational safety and health. d. Making visible in the workplace the regulations relating to the employment of juveniles. 4. Charitable , educational and training institutions and the other entities that have the objective of professionally training and qualifying juveniles shall be exempted from some provisions of Article (5) of the Decree -Law and the provisions of this Article , pursuant to the following rules : a. The institution shall be registered with the government authorities in charge thereof . b. Its actual and registered objective shall be professional qualification or training or charity , educational or volunteer work. Article (5) Work Types 1. Subject to the provisions of Article (7) of the Decree -Law, the contract between the worker and employer shall be according to any of the work types set out therein, in addition to the following types : a. Remote work: All or part of the work is performed outside the workplace, with electronic communication between the worker and the employer in lieu of physical presence , whether the work is part -time or full -time. b. Job sharing: The tasks and duties are divided among more than one worker as agreed upon in advance, and this is reflected in the wage s due to each of them . The workers are dealt with pursuant to the rules of part -time work. 2. The Ministry may set out other work types, according to the needs of the labour market. 3. Subject to the provisions of the Decree -Law and this Resolution, both the worker and the employer shall abide by the clauses of the employment 3 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation contract according to each of the work types set out in Clause (1) of this Article. Article (6) Types of Work Permits 1. Subject to the provisions of Article (6) of the Decree -Law , the types of work permits shall be determined as follows: a. Work permit (recruiting a worker from outside the State): This type of permit allows establishments registered with the Ministry to recruit a worker from outside the State. b. Transfer w ork permit: This type of permit is issued to allow a non- national work er to transfer from and to an establishment registered with the Ministry. c. Work p ermit for residents sponsored by their families : This type of permit is issued to residents who are sponsored by their family and employed to work in an establishment registered with the Ministry. d. Temporary work permit: This type of permit is issued to a worker who is employed for a job, the execution or completion of which is within a specific period at an establishment registered with the Ministry. e. One -mission permit: This type of permit allows an establishment registered with the Ministry to recruit a worker from abroad to complete a temporary job or a particular project for a specific period. f. Part-time work permit: This type of permit allows establishments registered with the Ministry to employ a worker under a part -time contract where his working hours or working days are less th an his full -time counterparts. The worker may work for more than one employer after obtaining a permit to do so from the Ministry. g. Juvenile permit: This type of permit is issued to a person who has reached 15 years of age but is not over 18 years and is employed at 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 who is already in the State and has reached 15 years of age , pursuant to rules and conditions tha t ensure appropriate training and wo rk environment. i. UAE / GCC national permit: This type of permit allows establishments registered with the Ministry to employ UAE or GCC nationals. j. Golden visa holder s permit: This type of permit is issued upon the request of an est ablishment registered with the M inistry that wishes to employ a work er holding a g olden visa in the State. k. National trainee permit: This type of permit is issued upon the request of establishments registered with the Ministry that wish to train a UAE national , based on his approved academic qualification. l. Freelance permit: This permit is issued to individuals wishing to undertake independent self-employment ( without being sponsored by a specific organization or employer in the State and without the condition of having a valid employment contract, whereby the natural person earns money by providing his se rvices for a specific period or performing a task or providing a specific service, whether to individuals or establishments, 4 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation whereas this natural person is i n no way a worker for tho se individuals or establishments. 2. New work permits may be created by resolution of the Minister in accordance with the provisions of the Decree -Law. Article (7) Conditions, Rules and Procedures for Issuing, Renewing and Cancelling Work Permits 1. Conditions for issuing work p ermits: a. Except for the juvenile permit and the student training or employment permit , the worker should be at least 18 years old, b. The worker shall meet the conditions provided for in the legislation in force in this regard, in specialis ed professions or any other jobs that requir e obtaining a licenc e to practi se a profession. c. The occupation in which the worker will be employed, should be consistent with the activity of the establishment. d. The licence of the establishment shall be valid and there shall be no violations in respect thereof that lead to the suspension of its a ctivity in accordance with the Legal R egulations. e. The application for the issuance of the permit shall be filed by the legally authoris ed signatory of the establishment . f. Any other conditions determined by the resolution of the Minister or who mever he delegates. 2. Procedures for renewing work permits: a. The s ubmission of the application shall be through the channels specified by the Ministry b. Fulfilment of the conditions for issuance. c. Comple tion of the required documents and academic qualifications. d. Payment of the prescribed fees according to the type of p ermit and the category of the establishment , in accordance with the approved establishment classification system. e. Any other procedures determined by resolution of the Minister or whome ver he delegates. 3. Procedures for cancelling work permits: a. The s ubmission of an application for cancel ling the work permit shall be through the channels specified by the Ministry : b. Complet ion of the required data and attached documents . c. Pay ment of the fines for delay s in issuing the work permit or for failure to renew it, if any. d. Ackn owledgment by the establishment of granting the worker all of his entitlements . e. Any other co nditions determined by resolution of the Minister or who mever he delegates. 4. The Ministry may refrain from issuing or renewing or may cancel work permits and take necessary legal action in case s where any of the below is proven : a. That a ny incorrect documents were submitted. 5 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation b. Th at th e establishment is fictitious or does not exercise its registered activity. c. Th at the Wage Protection System or any other system adopted for the regulat ion of the national labour market is not complied with. d. Any other cases specified by resolution of the Minister or whomever he delegates. Article (8) Free -Lance 1. Free Lance is an independent a nd flexible work arrangement , whereby the natural person generates income by providing his services for a specified period of time or perform ing a task or provi ding a specific service, whether for individuals or establishments, whereas this natural person is in no way a worker for those individuals or establishments. 2. The Cabinet shall , based on the Minister’s proposal, issue the necessary resolutions for determinin g the procedures, rules and mechanisms for registering freelancers in the Ministry’s systems and for obtaining, renewing and cancellin g the work permit , in a manner that ensures the enhancement of labo ur market flexibility and its requirements . Article (9) The a ctivity of Employment Agencies 1. Subject to the provisions of Article (6) of the Decree -Law, engaging in the activity of mediation or temporary employment and outsourcing (singly or collectively) shall be considered as engaging in the activity of employment agencies. T he following definitions shall be used within the scope of work for employment agencies : a. Mediation: Which is the bringing together of both employment parties and their representatives, negotiating on their be half the terms of the employment contract with the aim of establishing a n employment relationship, without the agency becoming a party thereto . b. Temporary employment and outsourcing: Employing the worker with the intention of making him available to a third party, whereas the worker’s relationship becomes a direct one with the agency that outsourced his services t o a third party (the beneficiary). c. Beneficiary: Any natural or legal person for whom and under whose supervision the worker is assigned , in accordance with the temporary employment and outsourcing system, whether for a specific period or the perform ance of a task or the provi sion of a specific service . d. Agency: Any sole proprietorship or legal entity that undertakes an activity relat ing to mediation or temporary employment and outsourcing and provide s the services of one or more workers for a specific period or the performance of a task or the provision of a specific service to the beneficiary. 2. The following conditions shall be met to obtain a licen ce to engage in any of the a gency activities : a. The person in the sole proprietorship , or any of the partners in the legal entity , shall not have been convicted of a crime involving moral turpitude or dishonesty, a crime of human trafficking or the crimes set out in the 6 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation Decree -Law, unless he has recovered his civil rights if he was sentenced to a custodial penalty, or after the lapse of one year from the date of the ruling if he wa s sentenced to a fine. b. The sole proprietorship or the legal entity shall render to the Ministry at all times throughout the validity of the licence a bank guarantee of a value not less than (300) three hundred thousand dirhams in the case of licensing an inter mediation agency, and not less than one million dirhams in the case of licensing a temporary employment and outsourcing agency , or in the case of combining the two activities. The guarantee shall be automatically renewed or an insurance system shall be provided as an alternative thereto , and the Ministry may allocate all or som e of the bank guarantee or insurance to pay any amounts owed by the agency for its failur e to implement its obligations or for non -compliance with the instructions and resolutions issued thereunder. c. The credit report that is issued by the competent authority for the licen ce applicant, or the person in the sole proprietorship and the partners in the legal entity , shall be submitted . d. Any other conditions determined by the resolution of the Minister. 3. The lic ence issued by the Ministry to the e mployment agenc y shall be renewed annually , subject to verification of the continuous fulfil ment of all licensing conditions. 4. Rules for engaging in temporary employment / outsourcing activity : a. The agency shall r efrain from providing workers to a beneficiary if the beneficiary company is administratively suspended by the Ministry f or committing violations relating to the applicat ion of the Decree -law and this Resolution. b. The agency shall refrain from providing workers to another agency engaged in the activity of temporary employment with the aim of employing them at the beneficiary. c. The person in the sole proprietorship or any of the partners in the legal entity shall be in charge of applying the provisions of the Decree -law and its Implementing Regulation to the workers registered therewith, and of notifying the competent authorities at the Ministry if they become aware of any violation or breach of th e rights or the health and safety of the workers by the beneficiary. d. Any other rules decided by the Ministry. 5. To ensure the proper governance of the relationsh ip between the beneficiary and a worker who is r egistered with one of the employment agenc ies, a contract shall be concluded between the agency and the beneficiary. 6. The procedures for issuing a licence to the temporary employment and outsourcing or inter mediation agency shall include : a. Submission of an application through the channels specified by the Ministry. b. Fulfilment of the conditions for issuing the licenc e. c. Fulfilment of the required guarantees and insurances. d. Payment of the prescribed fees. e. A ny other procedures determined by resolution of the Minister o r who mever he delegates. 7 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 7. Procedures for suspending or revoking the licence of employment agenc ies: The Ministry may temporarily suspend or revoke the agency’s licence if one of the following cases is verified: a. If one of the conditions und er which the licence was issued is not met. b. If any of the documents or data submitted for licensing purposes is proven to be incorrect. c. If the agen cy commits any act that involves any form of forced labour or human trafficking. d. In the event of non -payment of the workers' wages. e. In the event of the violation of any of the other conditions determined by the Ministry. Article (10) Employment Contract Subject to the provisions of Article (8) of the Decree -Law: 1. The employment contract should include the name and address of the employer, the name, nationality and date of birth of the worker, proof of his identity, his qualification, the job or occupation , the date of work commencement , the work place, the working hours, the rest days , the probationary period, if any , the term of the contract, the wage agreed upon including the b enefits and allowances, the annual leave entitlement s, the notice period , the procedures for terminating the employment contract and any other data determined by the Ministry in order to regulate the relationship between both parties. 2. The worker and the employer may agree t o int roduce new clauses to the approved contract forms, provided that they are in agreement wit h the provisions of t he D ecree -Law, this Resolution and the Legal R egulations. 3. The contract may be changed from one work type to another subject to the following: a. Approval of both the worker and the employer. b. Payment of all the entitlements arising from the original contract. c. Compliance with the procedures as set out by the Ministry. 4. The worker and the employer shall contract for the work type agreed upon using the contract forms in the Ministry’s system, namely : a. Full-time employment contract. b. Part -time employment contract. c. Temporary work contract. d. Flexible work contract. e. Remote work contract. f. Job sharing contract. g. Any other forms of e mployment contract determined by resolution of the Minister in accordance with the employment types and workers’ classification approved by the Cabinet . Article (11) Issuance of New Work Permit s after the Termination of an Employment Contract during Probationary Pe riod 8 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation Subject to the provisions of Clauses (4) and (6) of Article (9) of the Decree - Law, the Ministry may exempt some workers from the not to grant a work permit pursuant to the following rules : 1. The w orker has the essential skill, professional or knowledge in demand . 2. The w orker residency visa is sponsored by his family . 3. The worker is a golden visa holder. 4. Any professional categories according to the needs of the national labo ur market that are determined by resolution of the Minister in accordance with the workers’ classification as approved by the Cabinet . Article (12) Rules for Non -Competition Clause 1. Subject to the provisions of Article (10) of the Decree -Law, the following shall be observed in the application of the non -competition clause stipulated therein: a. The geographical scope of application of the clause . b. The term of the clause, provided that it does not exceed two years fro m the contract expiry date . c. The nature of the work , such that it caus es significant harm to the legitimate interests of the employer . 2. If a dispute arises over the non -competition clause and it is not settled amicably, the matter shall be referred to the judiciary and the burden of proving the alleged damage shall lie with the employer . 3. The non -competition clause shall not apply if the reason for terminati ng the contract is attributed to the employer or the breach of his legal or contractual obligations . 4. It may be agreed in writing not to apply the non -competition clause after the termination of the employment contract. 5. The worker shall be exempted from the non -competition clause stipulated in Article (10) of the Decree -Law under the following conditions: a. If the worker or the new employer pays to the previous employer, compensation not exceeding three months of the worker’s wage as agreed upon in the last contract , subject to the previous employer’s written consent thereto. b. If the contract is terminated during the probationary period. c. Any professional categories that are in demand in the national labo ur market and determined by resolution of the Minister in accordance with the workers’ classification approved by the Cabinet . Article (13) Assigning the Worker to A nother Job 1. Subject to the provisions of Article (12) of the Decree -Law, the worker may be assigned to alternative work that is fundamentally different in nature from the contractually agreed work, as an exception that is considered necessary, or to prevent an accident , or to repair damage caused by the worker. The maximum limit for assigning the worker to such work shall be of (90) ninety days per year . 9 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 2. In application of Clause (1) of this Article, “f undamental difference ” shall mean that the work to which the worker is assigned is completely different from the nature of his profession or his academic qualification . Article (14) Rules Regarding the Organisation of Work Subject to the provisions of Article (13) of the Decree -Law, establishments that employ 50 or more workers shall set rules regarding the organisation of work, such as the regulation of work instructions, penalties, promotions and rewards , and the procedures for terminating the employment relationship, subject to the following : 1. The rules shall be set in a manner that does not contradict the provisions and rules set out in the Decree -Law, the provisi ons of this Resolution and the Legal R egulations . 2. They shall include the regulation of penalties that may be imposed on violating workers and th e terms and conditions for imposing the se penalties . 3. The regulation of work instructions shall include the daily working hours, the weekly rest days , the official holidays and the necessary measures and precautions to be taken to avoid work injuries and fire hazards . 4. The regulation of promotions and rewards shall include the criteria and rules related to promotions and rewards . 5. The employer shall inform the worker of the regulations stipulated in this Article by any available means, and shall make him aware thereof , in a language he understands. Article (15) Working Hours Subject to the provisions of Article (17) of the Decree -Law : 1. The periods spent by the worker commuting between his place of residence and the workplace shall be counted within the working hours in the following cases : a. Any delay to the worker in transit in case of bad weather and in response to the warnings of the National Centre of Meteorology regarding weather changes and fluctuatio ns. b. Any delay of the worker in transit in employer -provided transportation in the event of a traffic accident or an emergency breakdown . c. If the parties expressly agree thereon in the contract. 2. The regular working hours shall be reduced by two hours during the holy month of Ramadan . 3. The employer may instruct the wo rker to work overtime over the normal working hours, provided that the overtime does not exceed two hours per day unless the work is necessary to prevent the occurrence of a serious loss or a serious accident or to eliminate or mitigate the effects thereof . In any case, the total working hours shall not exceed (144) one hundred and forty - four hours every (3) three weeks. 4. The following categories shall be exempted from the provisions relating to the maximum working hours: a. The chairpersons and members of the boards of directors. 10 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation b. The p ersons occupyi ng supervisory positions if such po sitions vest in them the powers of the employer. c. The crew s of naval vessels and the seafarers who enjoy special service conditions due to the nature of their work. d. Those engaged in work which is required by re asons of technical nature to be carried on continuous ly by a succession shift , subject to the condition that the average working hours do not exceed (56) hours per week. e. The p repa ratory or complementary works that should necessarily be carried out beyond the time limits laid down for the general working of the establishment. 5. The Minister may issue the necessary resolutions to determine the processes which are classed as being necessarily continuous as defined in this Article according to the needs of the labo ur market. Article (16) Wages Subject to the provisions of Article (22) of the Decree -Law : 1. The employer shall pay the wages of his workers on their due dates pursuant to the following conditions, rules and procedures : a. The wages 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 . b. All establishments registered with the Ministry shall pay the wages of their workers on the ir due date through the Wages Protect ion System or through any other system approved by the Ministry . c. All establishments shall submit whatever is required of them to prove payment of the wages of their workers if requested to do so . 2. The Ministry may take all the legal actions and measures provided for in the Decree -Law, this Resolution, and the relevant Legal R egulations against the establishment in the event of non -payment of the agreed wage . Article (17) Failure to Enable the Worker to Work Subject to the provisions of Article (26) of the Decree -Law : 1. The employer shall enable the worker to perform his work, otherwise , he shall be required to pay his agreed wage . 2. If the failure to enabl e the worker to perform his work is due to circumstances beyond the employer’s control, the em ployer shall inform the worker thereof along with guarantee ing the payment of his wages . 3. If the worker wishes to quit his job, he shall notify the employer. In any case, the worker may file a labour complaint in accordance with the applicable Legal Re gulations . 4. The Mi nistry may, upon submission of the complaint, communicate with the employer and grant him a grace period to enable the worker to perform his work. If the employer fails to respond, the Ministry may cancel the worker’s work permit and allow him to transfer to another establishment without prejudice to his rights with the employer . Article (18) Annual L eave for Part-time Workers 11 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation Subject to the provisions of Cla use (2) of Article (29) of the Decree -Law, a part-time worker shall be entitled to an annual leave according to the actual working hours he spends with the employer. The durati on of the annual leave shall b e determined on the basis of the total working hours after converting them into working days, divided by the number of working days in the year, multiplied by the legally prescribed leaves , with a minimum of five working days per year for annual leave , and a fraction of a day considered as a full day in calculating the leave entitlements , according to the following: 1. The ratio of the employee's work under a part -time contract shall be equal to the employee’s work under a full -time contract . 2. The a ctual working hours shall be equal to a maximum of (8) eight working hours per day . 3. The number of working hours of the employee under a part -time contract shall be equal to the number of the hours contracted. 4. The mathematical equation shall consist of the number of working hours under the employee’s part -time contract per year divided by the number of working hours under the full -time contract per year multiplied by 100 equal to the percentage . Article (19) Carrying Forward Annual Leave s or Receiving Cash Allowance Ther eof Subject to the provisions of Clauses (8) and (9) of Article (29) of the D ecree - Law : 1. The worker may carry forward not more than half of the annual leave to the following year, or he may agree with the employer to receive a cash allowance there of, according to the wage he receives at the time of his entitlement to the leave. 2. If the worker’s service ends , he shall be paid a cash allowance for the balance of h is legally due annual leave , according to the basic wage. Article (20) Non -entitlement to Wage s during Sick Leave Resulting from Worker’s Misconduct Subject to the provisions of Article (31) of the Decree -Law : 1. The worker shall not be entitled to a wage during sick leave : a. If the disease r esulted from the worker’s misconduct, such as his consumption of alcohol or drugs . b. If the worker violated the safety instructions in accordance with the legislation in force in the State , such as the i nstructions related to cris es and disasters , traffic regulations or any safety procedures and rules set out in the establishment’s regulations that the worker was informed of and he has acknowledged his understanding there of and compliance therewith. 2. A report from the con cerned authorities in the State proving that the disease resulted from the worker's misconduct is a prerequisite for the implementation of the provision of Paragraph (a) of this Article . Article (21) Various Leaves 12 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation Subject to the provisions of Article (32) of the Decree -Law : 1. The worker may be granted a study leave to sit for exam s, provided that he has obtained an admission from one of the institutes or colleges accredited in the State indicating the type of study, the s peciali sation and the duration of the study. The establishment may request proof of the dates of his sitting for the exams . 2. The national worker shall be entitled to a sabbatical leave to perform national and reserve service, in accordance with the laws and regulations in force in the State. 3. The worker shall be entitled to a bereavement leave starting from the date of the death, provided that he submits proof of death after returning to work . 4. The wo rker shall be entitled to parental leave as stipulated in the Decree - Law, provided that he submits proof of the birth of his child . 5. The bereavement leave, parental leave, annual leave and unpaid l eave may be combined. Article (22) Safety, Protection and Health Care of Workers Subject to the provisions of Article (36) of the Decree -Law : 1. Every employer shall : a. Provide the necessary means of prevention to protect workers from the risks of injuries and occupational diseases that may occur during work ing hours , as well as fire hazards and other risks that may result from the use of machines and other work tools. The employer shall likewise implement all other means of prevention prescribed by the Ministry in this regard. b. Put in a visible place at the workplace detailed and clear instructions on the means of preventing fire s and protecting workers from the risks they may be exposed to while on duty , the methods of preventing them and the manner of dealing with accidents caused by them , provided that the instructions are in Arabic and in another language that the workers understand when necessary . The employer shall likewise put warning signs on the approach to the hazardous areas. c. Inform his workers prior to the commencement of the workers’ duty of the risks of the ir occupation , such as fire hazards, machines , risks of falls, occupational diseases and others. d. Entrust first-aid supervision to a medical aid specialist, and provide all the necessary supplies in each first aid kit. e. Provide the necessary means to prevent fires as well as the appropriate extinguishers for the type of materials found at the establishment and the materials used in the means of production . f. Take the necessary measures to continually ensure that the conditions in the workplace provide adequate health and safety protection s for the workers working at the establishment. g. Tak e the appropriate practical measures to prevent, reduce or eliminate health hazards in the workplace. h. Take the necessary precautions to protect the workers from the risks of falls, falling objects, flying shards , sharp objects, caustic or hot liquid s, flammable or explosive materials or any other materials with a harmful 13 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation effect, and take the necessary precauti ons to protect the workers from hazards of compressed gases and electricity. i. Put signs at the location of machines and other relevant operations showing necessary technical instructions in Arabic and in another language that the workers understand when appropriate . 2. The worker shall use the protective equipment and the clothes he is provided with . He shall follow all the employer’s instructions aimed at protecting him self from risks and shall refrain from any act that wo uld interfere with those instructions. He shall follow all orders and instructions relat ing to work safety and security precautions and shall use the means of prevention and undertake to take ca re of those means of prevention in his possession. He shall be prohibited from any act that results in a failure to follow the aforementioned instructions or in the mis use, damage or destruction of the means of prevention provided to protect t he health and safety of workers. The employer may set out regulation s outlining penalties for every worker who violates the provisions of this Clause . 3. The Ministry shall coordinate with the authoriti es concerned with public health and the c are and occupational safety of workers, according to the following: a. Monitoring the employer's compliance with respect to the provision of health insurance for workers , in accordance with the legislation in force in the State. b. Coordinating with the competent local and federal authorities regarding the health and safet y of the workers. c. Continually verifying the standards and requirements developed at federal and local level s in relation to the health and safety of workers and work injuries , and ensuring the workers’ obligation to comply therewith . d. Monitoring , inspecting and applying administrative penalties to establishments that violate occupational health and safety regulations . e. Circulating resolutions issued by the public h ealth authorities regarding the health and safety of workers. Article (23) Work Injuries Subject to the provisions of Articles (37) and (38) of the Decree -Law : 1. In the event that the worker suffers a work injury or an occupational disease, the employer shall pay the costs of treatment for the worker pursuant to the following conditions and rules : a. The worker shall be treated in one of the governmental or private healthcare facilit ies. b. The cost of treatment shall continue to be paid until the worker recovers or his disability is established . c. The treatment shall include the hospital stay, surgical procedures, costs of X-rays and medical analyses as well as the purchase of medication s and rehabi litation equipment and the pr ovision of artificial and prosthetic limbs and devices for those whose disability is established . d. The cost of treatment shall include the transportation costs incurred for the worker's treatment. 14 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 2. The worker shall follow the orders and instructions relat ing to work security and s afety precautions and he shall use the means of prevention and undertake to take care of those in his possession. The worker sh all be prohibited from any act that results in the failure to follow the instructions or in the misuse , damage or destruction of the means designed to protect the health and safety of workers . 3. The worker shall not be entitled to compensation for a work injury if it is established through the competent authorities that the injury resulted from a deliberate violation of preventive instructions put in visible places at the workplace, provided that the employer complies with the following rules: a. Making the worker aware of the detailed instructions on the means of preventing fir es, and protecting him from the risks he may be exposed to while on duty , in Arabic and in another language that the worker understands when appropriate. b. Informing the worker prior to commencement of his employment of the risks of his occupation and requiring him to use the prescribed means of prevention as well as providing the appropriate personal protective equipment for workers and train ing them to use such equipment . c. Training the worker on the safety methods set out in the instructions on worker protec tion. d. Educating the worker, upon his employment , about the risks of his occupation and the means of protection he is required to use, and placing detailed written instr uctions in this regard at the workplace. 4. If a work injury or an occupational disease leads to the death of the worker, the compensation shall be paid to his eligible beneficiaries in accordance with the legislation in force in the State , or as determined by the worker prior to his death. Artic le (24) Rules for Imposing Disciplinary Sanctions on Workers Subject to the provisions of Article (39) of the Decree -Law and Article (14) of this Resolution: 1. Discipli nary sancti ons shall be imposed on workers that take into account what is appropriate according to the gravity and seriousness of the committed violation, in accordance with the following criteria: a. The extent of the breach of confidentiality of work -related data and infor mation . b. The impact of the violation on the health and safety of the worker(s) at the establishment . c. The financial impact of the violation. d. The impact of the violation on the reputation of the establishment and its workers as a result of the committed viola tion. e. The violating worker’s abuse of the power vested in him . f. The rate of recurrence by the worker of all kinds of violations . g. The existence of a penal or moral side to the committed violation. 2. The employer shall draw up a schedule of penalties clarifying each of the disciplinary sanctions set out in Article (39) of the Decree -Law. 3. None of the penalties set out in Article (39) of the Decree -Law may be imposed on the worker except after informing him in writing of the charges 15 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation against him, hearing his statements, investigating his defence and recording the foregoing in a report to be deposited in his private file and annotated with the penalty at its end . The worker shall be notified in writing of the penalties imposed thereon, the type and amount thereof , the grounds for their imposition and the penalty he will face in case of recurrence . 4. The worker may not be accused of a disciplinary violation that was detected more than (30) thirty days ago, and no disciplinary sanction may be imposed more than (60) days after the date of completing the investigation of the violation and establishing it against the worker. 5. Without prejudice to the worker’s right to file a labour complaint, he shall have the right to file a grievance claim with the management of the establishment against any penalty imposed a gainst him. T he grievance claim against the penalty shall be filed with the management of the establishment and the worker shall not be harmed by filing it . The employer shall notify the worker of the outcome of his grievance. 6. Subject to Article (14) of this Resolution, every employer who employs 50 or more workers shall put in a visible place - or make available through any other appropriate mechanism - a system for compla ints and grievance claims accessible to the workers. Said system shall stipulate that the worker has the right to file his complaint or grievance claim with the employer or his representative, and to have his grievance claim answered in writing within a specific period. Article (25) Case of Employment Contract Termination on Account of Employer’s Bankruptcy or Insolvency Subject to the provisions of Federal Decree -Law No. (9) of 2016 on Bankruptcy, Federal Decree -Law No. (19) of 2019 on Insolvency and the provision s of Clause (8) of Article (42) of the Decree -Law : 1. The employment contract shall be terminated in any of the following cases : a. Issuance of a court ruling adjudicat ing the employer’s b ankruptcy or insolvency, in accordance with the legislation in force in the State in this regard . b. Issuance of a decision by the concerned authorities to the effect that the employer is unable to continue his activity for exceptional economic reasons beyond his control . 2. The Ministry may, sua sponte , cancel the worker's work permit based on the judicial ruling adjudicating the employer’s bankruptcy , and it may issue him a new permit pursuant to the rules established in this regard . Article (26) Rules o n Grave Danger Subject to Clause (3) of Article (45) of the Decree -Law, the following circumstances shall apply in respect of grave danger at the workplace that allows the worker to leave work without warning : 1. Presence of a possible source of ignition . 2. Exposure to electrical wires connected to an electrical source that can cause electric shock or death . 16 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation 3. Presence of hazardous chemicals that may cause diseases . 4. Unusual temperatures that cause burns . 5. Exposure to loud noises that cause permanent hearing damage. 6. Radiation that may cause cancer or blindness . 7. Biological hazards that may cause diseases . Article (27) Transfer of Workers Subject to the provisions of Article (49) of the Decree -Law : 1. In the event of termination of the employment contract in accordance with the provisions of the Decree -Law and this Resolution, the worker may transfer to another employer under the following conditions and cases : a. If the contract term agreed up on betwee n the parties ends and is not renewed . b. If the contract is terminated during its term in accordance with Article (42) and Article (45) of the Decree -Law . c. If the employer terminates the contract without a reason attributed to the worker . 2. The Minister may issue a resolution determining the mechanisms for the transfer of the worker that is set out in this Article . Article (28) Rules for Reporting Unexpected Work Abandonment Subject to the provisions of Article (50) of the Decree -Law : 1. The employer shall notify the Ministry of the worker’s unexpected work abandonment pursuant to the fol lowing rules and procedures : a. The absence from work shall have exceed ed 7 consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him . b. The absence from work form shall be completed pursuant to the procedures set by the Ministry . 2. If the foreign worker leaves work for an illegitimate reason before the end of the contract term, he shall not be issued another work permit for a period of one year from the date of absence from work , with the exception of : a. The worker who hold s a family -sponsored residenc y visa. b. The worker who applies for a new work permit at the same establishment . c. The worker who has professional qualifications , skill s or knowledge levels t hat the S tate needs . d. Golden visa holders . e. Any professional categories according to the needs of th e labour market in the State that are determined by resolution of the Minister in accordance with the workers’ classification approved by the Cabinet. 3. The Minis ter may issue a resolution specifying the mechanisms for reporting unexpected work abandonment according to the digital system in place at the Ministry. Article (29) Rules for Deduction s from End of Service Benefits of Workers 17 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation Subject to the provisions of Clause (7) of Article (51) of the Decree -Law : 1. The employer may deduct from the worker’s end of servi ce benefit any amounts that are due legally or by judicial ruling, pursuant to the following conditions and procedures : a. The a mounts owed by the worker to recover loans or overpayment . b. To recover the amounts that w ere supposed to be paid by the workers as a contribution to the end of service , retirement pension s or insurance , in accordance with the legislation in force in the State . c. As amounts deducted from the worker for violations he commits according to the regulation of penalties applicable at the establishment and approved by the Ministry . d. As debts owed in implementation of a court ruling issued against the worker. e. As amounts for repairing damage caused by the worker, due to his fault or to his violation of the employer’s instructions and that led to the damage, destruction or loss of tools, machines, products or materials owned by the employer. 2. The employer shall have followed the procedures set out in the Decree - Law and in this Resolution when the deducted amounts involve violations committed by the worker or are a result of damage caused by his fault, and not more than (3) three months shall have lapsed from the due date of such amounts u nless otherwise agreed. Article (30) End of Service Benefits for Workers in other Types of Employment Subject to the provisions of Article (52) of the Decree -Law, the end of service benefit s due to workers working in part -time or job -sharing types and not on a full -time basis shall be calculated pursuant to the following mechanism : 1. The number of working hours set out i n the employment contract per year divided by the number of working hours in the full -time contract p er year multiplied by 100 equal to the percentage on which the end of service benefit should be calculated, then, this percentage should be multiplied by the value of the end of service benefit due for the full -time employment contract . 2. The end of service benefit shall not apply in the case of temporary employment i f its duration is less than one year . Article (31) Individual Labour Disputes Subject to the provisions of Article (54) of the Decree -Law : 1. If the employer, worker or any eligible beneficiary thereof disputes any of the rights accrued to either of them under the Decree -Law, he shall submit a complaint to that effect to the Ministry which shall examine the complaint and take the necessary measures to settle the dispute between them amicably. 2. If an amicable settlement is not possible, the Ministry shall refer the dispute to the competent court within (14) fourteen days from the date of submission of the complaint , along with a memorandum including an 18 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation abstract of the dispute, the arguments of both parties and the Ministry’s recommendation. 3. Every worker whose complaint is referred to the judiciary shall promptly register his case and change his residency status . The Minister may issue the necessary resolutions regulating the status of the worker and the establishment after referring the complaint to the judiciary . 4. The worker shall have the right to claim two months’ wages if he continues to work for the employer while the referred labour dispute is in the court , in which case the Ministry may require the employer to pay that wage or refer the complaint in this regard to the judiciary. Article (32) Collective Labour Disputes Subject to the provisions of Article (56) of the Decree -Law : 1. If a dispute arises between the employer and all the establishment’s workers or a group thereof, and the parties fail to settle it amicably, the complainant shall file a complaint pursuant to the following rules and procedures : a. The complaint shall be filed through the channels specified by the Ministry . b. The type and amount of the claim s shall be stated . c. The complaint shall be filed within two weeks from the date of the dispute . 2. The Ministry may address the concerned authorities to impose a provisional seizure on the establishment to guarantee the workers’ r ights . 3. The Ministry may liquidate the bank guarantee or insurance allocated to the workers without the employer’s approval in the event that the workers’ allegation is substantiated , or it may take any other actions or mea sures to ensure payment of the w orkers’ entitlements . 4. The Mi nistry shall settle the dispute pursuant t o the procedures determined by resolution of the Minister. If a settlement is not possible for any reason whatsoever or on account of the parties’ non -compliance with the settlement agreed upon, the dispute shall be referred to the Collective Labour Disputes Committee. 5. The Collective Labour Disputes Committees that are formed by a Cabinet resolution based on the Minister’s proposal shall settle the disputes referred thereto, and their decision shall be final and sealed with the executory formula seal by the competent court. Article (33) Work Inspection Procedures Subject to the provisions of Article (57) of the Decree -Law : 1. Labour inspection s shall be carried out by competent inspectors from the Ministry’s officials , who shall be vested with the following powers and competencies : a. Monitoring the proper implementation of the provisions of the Decree - Law, this Resolution, and the Legal Resolutions , especially with regard s to the work ing conditi ons, the wages and the protection of the workers while on duty. 19 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation b. Providing employers and workers with information and technical guidelines that enable them to apply the best methods for the implemen tation of the provisions of the Decree -Law and this Resolution . 2. Incidents committed in violation of the provisions of the Decree -Law, this Resolution and the Legal Regulations shall be reported pursuant to the following procedures: a. If during an inspection the inspector verifies the existe nce of a violation of the Decree -Law or the regulations or resolutions issued in implementation thereof, he shall draw up a report to establish the violation and shall submit the report to the competent authority to take the necessary actions against the violator. b. The labo ur inspector may, when need ed, request competent administrative or security authorities to provide necessary assistance. c. Violati ons shall be detected and established by the inspectors using the mechanisms, systems , channels and forms determined by the Ministry. d. Employers and their representatives shall provide the labo ur inspectors with the necessary facilities and data to perform their duty, and shall respond to their summonses or send a representative if requested to do so. 3. The Minister may issue the necessary mechanisms to regulate the work of the inspectors and the inspection procedures. Article (34) Administrative Penalties Subject to the provisions of Articles (58), (59), (60), (61), (62) , (63) and (64) of the Decree -Law, and in the event of the violation of the obligations stipulated in the Decree -Law and this Resolution, the Ministry shall be vested with the powers to impose the administrative penalties as stated in Article (3) of Federal Law No. (14) of 2016 referred to in the Decree -Law. Article (35) Procedures for Grievance Against the Ministry’s Resolutions Subject to the provisions of Article (69) of the De cree-Law, both parties to the employment relationship may appeal against the Ministry’s resolutions pursuant to the following procedures: 1. The petition shall be filed through the channels specified by the Ministry with its Grievance Committee within (30) thirty days from the date of becoming aware of the resolution. 2. The petition shall include all supporting data and documents. Article (36) Emergency Circumstances Subject to the provisions of the Decree -Law and this Resolution : 1. In extraordinary emergency situations, as determined by a Cabinet resolution, work measures that are commensurate with the circumstances of those cases may be applied, taking into account the interests of all the parties to the labour relationship. Such measures shall include without being limited to the following: a. Applying the remote work system . b. Granting the worker paid leave . 20 Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal Decree -Law No. (33) of 2021 regarding the Regulation of Employment Relationships THIS is Not an official translation c. Granting the worker unpaid leave . d. Reducing the worker's wage . 2. Without prejudice to the provisions of C lause (1) of this Article, the Minister shall issue the necessary resolutions for the application of the appropriate work measures in light of the extraordinary and emergency situations . Article (37) The Minister shall issue the necessary resolutions for the implementation of this Resolution. Article (38) Every provision that contradicts or conflicts with the provisions of this Resolution shall be abrogated. Article (39) This Resolution shall be published in the Official Gazette and it shall come into force as of 02 February 2022 . Mohammed bin Rashid Al Maktoum The Prime Minister ______________________ Issued by Us: On: / / 1443 H. Corresponding to : / / 2022
This is not an official translation Federal Decree -Law No. 13 of 2022 Concerning Unemployment Insurance Scheme We, Mohamed Bin Zayed Al Nahyan, President of the United Arab Emirates - Having perused the Constitution - Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries and powers of the Ministers and amendments thereof - Federal Law No.(2) of 2001 concerning Social Security and amendments thereof - Federal Decree -Law No.(14) of 2018 concerning the Central Bank and the Regulation of Financial Institutions and Activities - Federal Law No. (6) of 2007 concerning Insurance Activities and amendments thereof - Federal Decree -Law No.(33) of 2021 concerning Regulation of Labor Relations - As proposed by the Minister of Human Resources and Emiratisation and approved by the UAE Cabinet Promulgated the following Decree -Law : Article 1 Definitions For the purposes of implementing the provisions of this Decree -law, the following terms and expressions shall have the meanings opposite thereto unless the context requires otherwise : State : United Arab Emirates Ministry : Ministry of Human Resources and Emiratisation This is not an official translation Minister : Minister of Human Resources and Emiratisation Central Bank : Central Bank of United Arab Emirates Unemployment Insurance Scheme : A form of insurance that provides a financial support for a limited period of time in the event of unemployment in exchange for a portion of the worker's/employee's contributions in accordance with this Decree -Law and pursuant to the decisi ons of the UAE Ca binet in this regard. Insured : Workers / employees of the private sector, state government, or federal government who participate in the scheme in accordance with this Decree -Law and pursuant to the decisi ons of the UAE Cabinet in this regard Worker / employee : A natural person working in the private sector or federal government sector. Unemployment : A situation of unemployment resulting from the termination of employment by the insured's employer in accordance with the provisions of this Decree -Law and the decisi ons of the UAE Cabinet in this regard . Compensation : Amount payable to the insured in the event of his unemployment in accordance with the provisions of this decree and the decisi ons of the UAE Cabinet in this regard. Private Sector : Institutions, companies, establishments, and other entities wholly owned by individuals or owned jointly with the federal or local government . Institutions and corporations wholly owned by the federal or local This is not an official translation governments, unless otherwise provided by t heir incorporation laws Federal Government Sector : Any ministry established in accordance with Federal Law No. 1 of 1972 regarding the competencies of ministries and powers of the Ministers and amendments thereof , also included any federal authorities, institutions or regulatory bodies affiliated with the federal government . Service Providers : Insurers licensed by the Central Bank that comply with the requirements for the provision of unemployment insurance , released by the UAE Cabinet following consultation with the Central Bank or any other government entity assigned to provide unemployment insurance services . Article 2 Objectives of the Decree -Law The following objectives are intended to be achieved by this Decree -Law:  Providing the insured with income for a limited period of time during the period of his unemployment until an alternative employment opportunity becomes available in accordance with the provisions of this decree -law.  Enhancement of Emirati cadres' competit iveness on the labor market and the provision of social protection to ensure their continued decent living until an alternative employment opportunity become available .  Achieving a competitive knowledge economy by attracting and retaining the best international talent from skilled workers . Article 3 Scope of Application This is not an official translation 1. All workers, with the exception of the following categories, are covered by this Decree -Law: a) Investors ( Business owners who own the entire business and manage it themselves ) b) Domest ic Workers c) Contractual workers/employees on a temporary basis d) Juveniles under the age of 18 e) Pension -receiving retirees who have joined a new employer 2. Upon the Minister's proposal, the UAE Cabinet may amend the scope of application of this Decree -Law . Article 4 Introduction of Unemployment Insurance Scheme Under the provisions of this Decree -Law, unemployment insurance scheme shall be instituted in the State , which provides a limited cash benefit to the insured in the event of his /her unemployment . Upon the proposal of the Minister, the UAE Cabinet shall layout the process, function, and application of the scheme, as well as the value of the monthly subs cription payable by the insured, in addition to setting any requirements , procedures or imposing penalties if necessary . Article 5 Eligibility Requirements and Suspension of Compensation In order to be eligible for compensation , the insured must meet the following conditions: 1. There must be a minimum subscription period of (12) twelve consecutive months for the insured in the scheme. This is not an official translation 2. The insured may not be dismissed for disciplinary reasons under the Labor Relations Law and the Human Resources Law of the federal government in addition to any applicable legislation . 3. The insured shall not be entitled to compensation if there has been fraud or deceit involved in his /her claim or if the establishment where he /she works is fictitious. If such a situation arises, the establishment and the insured shall be subject to the penalties and fines stipulated in the Labor Relations Regulation Law and any applicable legislation . 4. During the period of compensation entitlement, the payment of compensation shall cease if a worker/employee is hired by another employer. 5. Upon the Minister's proposal, the UAE Cabinet may amend the conditions for compensation eligibility. Article 6 Compensation Amount and Duration 1. A monthly compensation of 60 percent of the contribution salary is provided for a period of three months from the date of unemployment up to a maximum of Dhs.20,000 (twenty thousand dirhams). 2. An compensation period of 3 months is available for each claim; provided that the coverage period does not exceed (12) twelve months during the insured's employment in the UAE labor market. 3. Additional benefits may be negotiated between the insured and the service provider . 4. Without prejudice to the provisions of Clause s 1 and 2 of this Article , upon the proposal of the Minister and in consultation with the relevant authorities, the UAE Cabinet may amend the rates, values, and periods specified in this article in order to maximize the benefits to the insured . This is not an official translation 5. Compensation payments made under this Decree -Law shall not prejudice any other statutory compensation or entitlements available to the insured. Article 7 Executive Decisions For the purposes of implementing the provisions of this decree -law, the UAE Cabi net shall issue the necessary decisions . Article 8 Publication and Application of the Decree -Law This Decree -Law shall be published in the Official Gazette and shall come into force on the date following its publication. The original is signed by His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the United Arab Emirates Promulgated by us at the Presidential Palace - Abu Dhabi On 19th of Safar 1444 A.H Corresponding to 15th of September 2022 A.D
"2021 33Federal Decree-Law No. (33) of 2021Federal Decree-Law No. (33) of 2021\nRegarding the Regula(...TRUNCATED)
"This document was translated to English through a third party. The ministry is not responsible for (...TRUNCATED)
"This document was translated to English through a third party. The ministry is not responsible for (...TRUNCATED)
"This is not an official translation MINISTERIAL RESOLUTION NO. (663) OF 2022 \nREGARDING COMPLI(...TRUNCATED)
README.md exists but content is empty. Use the Edit dataset card button to edit it.
Downloads last month
40
Edit dataset card