UAE Labor Law: Employer and Employee Rights Explained

Introduction

This paper is divided into two parts. Part one highlights the responsibilities and rights of employers operating within the UAE. The second part highlights the rights of employees, including expatriates, working within the UAE.

Employer Rights and Duties Under UAE Labor Law

In all records, contracts, files, statements, and documents, the Arabic language must be used. Its use is also compulsory for instructions and circulars issued within the organization by employers to employees. If any foreign language is present in such materials, Arabic shall prevail over all other texts (Labor Law, 2001).

The amounts paid to employees or any beneficiaries under the law shall be based on the value of the employer's movable and immovable property. Additionally, payment to employees must be made immediately after the settlement of legal expenses, sums due to the public treasury, and Sharia alimony owed to a spouse and children (Labor Law, 2001).

Employers are responsible for adhering to provisions relating to communal labor disagreements as set out in this article. Specifically: (1) if an employer, employee, or any beneficiary files a claim relating to a violation of rights under this law, the claim must be submitted to the relevant Labor Department; and (2) the concerned parties retain the right to pursue whatever steps they consider necessary to resolve the dispute amicably.

If an amicable agreement is not reached, the Labor Department must refer the dispute to the competent court within two weeks from the date the request was submitted. The case referred to the courts must be accompanied by a memorandum providing a synopsis of the dispute, evidence from both parties, and the Department's remarks (Labor Law, 2001). The court is then required to set a hearing date within three days of receiving the application, and both parties must attend. The court may also request that a representative from the Department of Labor be appointed to elaborate on the submitted memorandum (Labor Law, 2001).

Under the law, no claim for rights will be entertained after the lapse of one year from the date of its maturity (Labor Law, 2001).

Employers may hire unemployed nationals but must notify the Labor Department of this decision in writing within fifteen days of employment. The notice must include the employee's name, age, date of assuming duties, the type of work assigned, and the serial number of the registration certificate (Labor Law, 2001).

Under the law, it is prohibited for a licensed agent to seek any commission from a worker, regardless of whether such commission was collected before or after the employee's hiring. An agent may not seek any commission or compensation in exchange for arranging employment, nor may he recover any expenses from the worker except those determined or approved by the Ministry of Labor and Social Affairs (Labor Law, 2001).

Before hiring a juvenile, the employer must obtain a birth certificate, a medical certificate issued by an authorized medical officer, and a written consent form signed by the juvenile's guardian (Labor Law, 2001).

Employers are required to maintain a proper register at the workplace containing the name of the juvenile employee, the guardian's name, place of residence, date of employment, and the job title under which the juvenile is employed (Labor Law, 2001).

If an employer delegates another party to carry out any part of his essential work, that delegated party becomes exclusively accountable for anything owed to workers performing the supplementary work under the requirements of this law (Labor Law, 2001).

It is illegal for employers to hold the passports of any employees working for them. This has been confirmed by a decision rendered by the Court of Cassation. However, in cases where a position of trust is involved, an employer may be permitted to retain an employee's passport (HRW, 2006).

Protections for Migrant and Expatriate Employees

The law grants both employers and employees the ability to terminate an employment contract without any obligation to compensate the other party under specific circumstances. These include situations in which the employee has committed an error that resulted in a financial loss for the employer, violated workplace security rules, failed to carry out responsibilities as specified in the contract, disclosed employer secrets, been found guilty of a crime involving honor, honesty, or public ethics, or been found drunk or under the influence of drugs. Similarly, an employer may terminate without compensation if he has not fulfilled his duties under the employment contract or the law.

In the event of an unfair termination by either party, the other party has the legal right to demand reimbursement for damages caused (HRW, 2006).

In order to better protect individuals employed in the UAE as migrant workers, it is essential that the UAE government sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This convention, initiated in 1993, addresses standards governing the welfare and human rights of both documented and undocumented migrants, and includes obligations on both sending and receiving states (Keane and McGeehan, 2008).

Until a sufficient level of international pressure compels the UAE to ratify the Migrant Workers' Convention, the state remains obligated to uphold international human rights standards under the three treaties it has already ratified. It should be noted that the UAE has not signed or ratified two core human rights treaties: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which date from 1966.

The UAE has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (1965), joining in 1974. It has also joined the Convention on the Rights of the Child (1989), under which it has submitted one report, and the International Convention on the Elimination of Discrimination Against Women (1979), under which it has not yet submitted a report. While the right to vote and stand in elections is restricted to citizens, human rights protections apply to all persons. States parties are obligated to ensure equality between citizens and non-citizens in the enjoyment of these rights to the extent recognized under international law (Keane and McGeehan, 2008).

Conclusion

Labor disputes can make both parties suffer, whether directly or indirectly. Nevertheless, workers most often sustain direct losses, being the weaker party in the employment relationship. At the Labor Department stage, a complaint generally takes approximately two to six weeks to process, depending on the complexity of the case and the availability of the parties. If the dispute is not resolved at that stage, it is referred to the courts.