Federal Law No. 33 of 2021 on Labour Relations (the “New UAE Labour Law”) will enter into force on 2 February 2022. This is the most significant change of its kind since the introduction of the existing Labour Code in 1980. The UAE`s new Labour Code aims to improve regulations for different categories of work (e.g. temporary and part-time work), better protect workers and introduce more flexibility in the workplace. If a worker leaves the country and then returns within three months to start a new job, the new employer would have to pay the former employer the visa and labor costs incurred, he said. Federal Law No. 8 of 1980, also known as the Labour Code as amended, regulates the labour rights of private sector employees. It applies to all employees working in the UAE, whether they are UAE nationals or expatriates.
However, certain categories of employees are exempt from the law and may need to follow other regulations. Learn more about labour laws and regulations in the private sector. The Ministry of Human Resources and Emiratization, formerly known as the Ministry of Labour, is responsible for overseeing industrial relations and enforcing workers` rights for the private sector. Employees do not have to pay legal fees if they file claims against employers for compensation of less than AED 100,000. If the amount is greater than AED 100,000, legal fees will apply. Federal Act No. 8 of 1980, also known as the Labour Code, regulates the rights of workers in the private sector. The amended labour laws, first introduced by the government in November last year, offer options not previously available and strengthen workers` rights. The federal judiciary comprises the Federal Court in Abu Dhabi, which consists of five judges and a Chief Justice appointed by the Federal Council, the Court of Appeal and the courts of first instance of each emirate. Dubai and Ras Al Khaimah have their own judicial systems, which are not subordinate to the Federal Court of Justice. The courts of first instance have the general jurisdiction of their emirate, including the civil court, the criminal court and the Sharia court. The Court of Appeal, or second level of litigation, allows the parties to appeal against decisions of the court of first instance based on factual or legal grounds.
The final level of litigation is the Federal Supreme Court of Abu Dhabi or the Court of Cassation of Dubai and Ras Al Khaimah; All decisions of the Supreme Court and the Court of Cassation are final without further appeal. Not only are dates a staple in the local diet, but they also contribute 60% of the fruit and vegetable trade in the region, with over forty different varieties grown and harvested locally. Date syrup is served with dessert dishes like cardamom and saffron pancakes called chebab and legeimat, a mixture of fried dough of butter, milk, sugar, flour, cardamom and saffron. Articles 91 to 101 describe measures to protect the safety and health of workers. Under the UAE`s amended laws, many private sector workers will switch from permanent contracts to rolling fixed-term contracts. Stephen Lock/The National Note: On February 2, 2022, the Federal Private Sector Labour Relations Regulation Act No. 33 of 2021 replaced the current Federal Act No. 8 of 1980 and its amendments. “Section 45 increased the grounds for immediate termination of the employee,” said Dr.
Elhais. The exchange of business cards and the execution of hand gestures should be reserved for the right hand, since the left hand is considered impure because it is used for personal hygiene purposes. When sitting, you should also be careful not to cross your legs, as it is considered an insult to point your feet at another person in the room or show the soles of your shoes. While visitors and expats are not required to adhere to traditional clothing, they must adhere to local standards of modesty. Women should always dress conservatively, preferably with high necklines and sleeves that cover the shoulders to a minimum. Loose pants or a skirt with hem below the knee are recommended. Emirati women traditionally wear an abaya, a loose black dress that covers almost the entire body except for the hands, face and feet. A niqab, a special piece of cloth that covers the entire head and face, including the nose and mouth, leaving only the eyes free, is worn with the abaya. The hijab, a headscarf often worn in place of the abaya, is a less restrictive method for a Muslim woman to show modesty while allowing her to strip her face bare. Among the younger generation of Emirati women, adapted abayas are often worn, although the original design was designed to prevent a physical form from being revealed.
Abayas are often embroidered in bright colors on the sleeves and are often designed by some of the greatest couturiers such as Dior, Pierre Cardin and Channel. All Muslim marriages must be contracted before a Sharia court. Non-Muslim residents can hold their wedding in a church, court, or other venue with a marriage license. This often ends at the embassy of their home country. Rules and regulations vary by nationality, so one should first consult with their embassy to find out if they need an affidavit and declaration of marriage to register the marriage. Residents and nationals getting married in the UAE must complete a marriage blood test certificate to identify risks such as infectious diseases or genetic disorders that can lead to complications for a couple when they start starting their own family. Ministerial Decree No. (765) of 2015 of 27 September 2015 on the rules and conditions for termination of employment relationships clarifies the provisions on dismissal for open-ended and fixed-term contracts. Immigration authorities regularly require foreigners applying for residence permits to indicate their religious affiliation in their applications. Although the Department of the Interior states that the information is only collected for the purpose of demographic statistical analysis, the U.S. State Department`s 2011 Global Religious Freedom Report notes that there are reports of minorities who fear that their religious affiliation could negatively affect their legal status and have therefore falsely identified themselves as Sunni or Christian.
Previously, groups that declared their true religion on government applications were denied residence permits and visa applications, forcing them to leave the country. The kafala system was introduced in the UAE in 1971 as a temporary guest worker program. Since its launch, the system has presented a number of challenges for policy makers in the UAE and has raised concerns in the international community about possible labour and human rights violations by the programme. Similar violations within one year may be punishable by double punishment for the violation. Ministerial Decree No. (766) of 2015 on the Rules and Conditions for the Issuance of a Work Permit to an Employee by a New Employer, issued on 27 September 2015, clarifies and expands the circumstances under which an employee cannot face a ban on working in the UAE. In addition to gender roles, the UAE is divided into two broad social categories; The first category is nationals or Muwatneen, and the second are foreign workers called expatriates or Wafedeen. Among nationals, there are four main social classes, which are as follows: ruling families, which occupy the highest positions in society in terms of politics and prestige, the merchant class, which is usually international traders, the new middle class, composed of professionals, and finally low-income groups or the working class. The changes introduced by Federal Decree No. 33 of 2021 were signed into law by President Sheikh Khalifa in November.
The issue of alcohol consumption in the UAE is complex. Although the UAE tolerates non-Muslims as long as they do not cause problems, legal action is taken as soon as they become even slightly recalcitrant. Non-Muslim residents must apply for a license to consume or purchase alcohol, valid only in the emirate they have applied for, with heavy fines imposed on those who disobey. Although tourists are also required by law to have a license to consume alcohol, the police rarely enforce it. In the UAE, there is zero tolerance for being under the influence of drinking and driving. The consumption of a single alcoholic beverage before driving a motor vehicle is considered to exceed the legal limit. In addition, prosecution can be brought against anyone who shows signs of poisoning in public. Muslims are prohibited from buying and consuming alcohol under any circumstances. If the illness prevents the worker from performing his work, the employer shall pay compensation in accordance with section 145. If the worker remains permanently incapacitated as a result of the accident or illness, he shall receive appropriate compensation on the basis of the percentages laid down in Annex 2 made by the competent authorities when assessing the degree of invalidity of a worker. The working week in the UAE consists of a maximum of eight hours per day and forty-eight hours per week.
Employees may not work more than five consecutive hours a day without time for rest, meals and prayer. Commuting, rest and meal breaks are not calculated as working time. Working hours may be increased to nine hours per day for employees of companies, hotels, canteens and guards. The ministry has also determined how workers can take their prescribed breaks for employees who work in factories that work day and night, or for work that requires continuous presence for technical or economic reasons.
