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Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021 Regarding the Regulation of Employment Relationships

Federal Decree Law No. (21) of 2023 Amending Certain Provisions of Federal Decree Law No. (9) of 2022 Concerning Domestic Workers

Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relationship

  • How can workers’ status be corrected and regularized in conjunction with the issuance of the decree-law?

    Employers must regularize the status of their workers, and convert indefinite employment contracts to fixed term employment contracts, in accordance with the conditions, controls and procedures set forth in the Decree-Law.

  • What is the action to be taken in the event of a dispute between the worker and the employer?

    The Ministry applies transparent procedures that guarantee both parties right to file a labour complaint. These procedures are as follows:

    • If the employer, worker or any eligible beneficiary thereof disputes over any of the rights accrued to either of them under this Decree-Law, then either of them may submit a petition to that effect to the Ministry which shall examine the petition and take the necessary actions to settle the dispute between them amicably.
    • 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 petition, along with a memorandum including an abstract of the dispute, the arguments of both parties and the Ministry’s recommendation.
    • Every worker whose complaint is referred to the court shall promptly register his case and regularize his/her status in the State. The Minister may issue the necessary resolutions regulating the status of the worker and the establishment after referring the complaint to the court.
    • The worker shall have the right to claim two months’ wages if he/she continues to work throughout the hearing of the labour dispute before the court. In such case, the Ministry may require the employer to pay that wage or refer the complaint in this regard to the court.
  • How is the end-of-service benefits calculated for other patterns of employment?

    The end of service benefits for workers working in part-time or job-sharing patterns and not on a full-time basis shall be calculated pursuant to the following:

    • The number of working hours set out in the employment contract per year divided by the number of working hours in the full-time contract per year multiplied by 100 equal to the percentage multiplied by the value of the end of service benefit for the full-time employment contract.
    • The end of service benefits shall not apply in the case of temporary employment if its duration is less than one year.
  • How is the end-of-service benefits calculated for a full-time worker?

    - The national worker shall be entitled to end of service benefits at the end of his service, in accordance with the legislation regulating the pensions and social securities in the State.

    - The full-time foreign worker, who completed a year or more in continuous service, shall be entitled to end of service benefits at the end of his service, calculated according to the basic wage as per the following:

    • A wage of (21) twenty one days for each year of the first five years of service;
    • A wage of (30) thirty days for each year exceeding such period.
  • The law provides that no other work permit shall be granted for a period of one year from the date of the absence from work if the foreign worker leaves work for an illegitimate reason before the end of the contract period. Are there any workers excluded from this provision?

    Yes. Worker who can obtain another work permit are:

    • The worker whose visa is sponsored by his relatives.
    • The worker who requests a new work permit at the same establishment.
    • The worker who has professional, skill or knowledge levels that are needed in the State.
    • Golden visa holders.
    • Any professional categories according to the needs of the labour market in the State, as determined by a resolution from the Minister in accordance with the workers’ classification approved by the Cabinet.
  • When should the employer notify the Ministry of the worker's absence from work?

    The employer shall notify the Ministry of the worker’s absence from work if the absence period exceeds 7 consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him/her.

  • When is the worker entitled to join another employer after the expiry of his/her contract?

    • If the contract term agreed upon between the parties ends and is not renewed.
    • If the contract is terminated during its validity in accordance with Article (42) and Article (45) of the Decree-Law.
    • If the employer terminates the contract without a reason attributed to the worker.
  • What are the cases in which the termination of the worker's service is unlawful or unfair?

    If the termination of the worker’s service is due to his filing a serious complaint with the Ministry or filing a lawsuit against the employer that has been proven true, the employer shall be required to pay a fair compensation to the worker estimated by the competent court if it is proven that the dismissal is unlawful. The amount of compensation is determined by taking into account the type of work, the extent of damage caused to the worker and the length of his/her service. In all cases, the amount of compensation shall not exceed the wage of the worker for a period of (3) three months, calculated according to the last wage he/she was receiving.

  • What are the cases of termination of the employment contract?

    The new labour law and its executive regulations specify a number of cases in which an employment contract may be terminated, including:

    • The written agreement of both parties upon its termination.
    • Expiry of the term specified in the contract, unless it is extended or renewed as per the provisions hereof.
    • Based on the wish of either party, provided that the provisions hereof regarding termination of the employment contract and the notice period agreed upon in the contract are observed.
    • The employer’s death if the subject of the contract is related to its entity.
    • The worker’s death or full permanent inability to work, as proven by a certificate issued by the medical entity.
    • A final judgment issued against the worker by a freedom- restricting penalty for a period of not less than (3) three months.
    • Closing the establishment permanently, in accordance with the legislation in force in the State.
    • The bankruptcy or insolvency of the employer, or any economic or exceptional reasons that prevent the continuation of the project, in accordance with the conditions, rules and procedures specified by the Implementing Regulation and the legislation in force in the State.
    • The worker’s failure to fulfill the conditions for renewing the work permit for any reason beyond the control of the employer.
  • What are the criteria for imposing disciplinary sanctions?

    • The extent of breach of confidentiality of data and information related to work.
    • The impact of the breach on the health and safety of the worker or workers in the establishment.
    • The financial impact of the breach.
    • The impact of the breach on the reputation of the establishment and its employees as a result of the breach.
    • If the worker exploiters the authority entrusted to him/her in committing the breach.
    • The frequency of the breaches of all kinds by the worker.
    • The existence of a penal or moral aspect in the committed breach.
  • What are the obligations of the employer in case the worker suffers a work injury?

    - In the event that the worker suffers a work injury, the employer shall pay the costs of treatment of the worker until the latter recovers and is able to return to work or his/her disability is established, subject to the following conditions and rules:

    • The worker shall be treated in one of the governmental or private healthcare facilities.
    • The cost of treatment shall continue to be paid until the worker recovers or his/her disability is established.
    • The treatment shall include the hospital stay, surgical procedures, costs of X-rays and medical tests as well as the purchase of medications and rehabilitation equipment and the provision of artificial and prosthetic limbs and devices for those whose disability is established.
    • The cost of treatment shall include the transportation costs incurred by the worker's treatment.

    - If the work injury or occupational disease prevents the worker from performing his/her job duties, the employer shall pay to the worker an amount equivalent of his/her full wage throughout the treatment period or for (6) six months, whichever is less. If the treatment period exceeds (6) six months, the worker shall obtain half wage for another (6) six months, or until the worker is cured or his/her disability or death is proven, whichever is earlier.

    - If the work injury or occupational disease led to the death of the worker, his family shall be entitled to compensation equal to the basic wage of the worker for (24) twenty four months, provided that the compensation amount is not less than AED 18,000 (eighteen thousand UAE Dirham) and not more than AED 200,000 (two hundred thousand UAE Dirham). Compensation amount is calculated according to the basic wage that the worker was receiving before his/her death and the compensation is distributed among the eligible beneficiaries of the deceased worker according to the Implementing Regulation hereof, while preserving the rights of the deceased’s family in the end of service benefits and any other financial entitlements payable to the worker.

  • What is parental leave?

    It is a leave of (5) five working days, for the worker (whether the father or the mother) who bestowed with a newborn and needs to take care of his/her child. The worker is entitled to this leave for consecutive or intermittent days within a period of (6) six months from the date of the child’s birth.

  • What is the length of sick leave?

    After the expiry of the probationary period, the worker shall be entitled to a sick leave of no more than (90) ninety consecutive or intermittent days for each year, provided that it is calculated as follows:

    • The first fifteen days (15) with full pay.
    • The following thirty (30) days with half pay.
    • Without pay for any period thereafter.
  • Is it permissible to carry forward the worker's annual leave? And on what basis is the cash allowance thereof is calculated?

    The worker may carry forward not more than half of the annual leave to the following year, or he/she may agree with the employer to receive a cash allowance in lieu of the annual leave balance according to the wage he/she receives at the time of his/her entitlement to the leave. If the worker’s service ends, he/she shall be paid a cash allowance for the balance of his/her due annual leaves according to the basic wage.

  • How does a part-time worker obtain his/her annual leave?

    The part-time worker is entitled to an annual leave according to the actual working hours spent in the service of the employer. The duration of the leave is determined based on 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 holidays, with a minimum of five working days per year for annual leave. In calculating these accrued leaves, the part of the day shall be considered a full day, according to the following:

    • The percentage shall be equal to the ratio of the employee's work under a part-time contract to the employee’s work under a full-time contract.
    • The actual working hours shall be equal to a maximum of (8) eight working hours per day.
    • The number of working hours of the employee under a part-time contract shall be equal to the number of the hours contracted.
    • The calculation 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.
  • What are the procedures to be taken if the employer refuses to enable the worker to perform his/her job duties?

    • The employer shall be required to pay the worker's agreed wage.
    • If the refusal to enable the worker to perform his/her job is due to circumstances beyond the control of the employer, the employer shall inform the worker of the same while ensuring the payment of his/her wages.
    • If the worker wishes to leave the job, he/she must notify the employer of the same. In all cases, the worker may file a labour complaint in accordance with the applicable legal regulations.
    • In case of a complaint by the worker, the Ministry may communicate with the employer and give him a grace period to enable the worker to perform his/her work. In the event of non-response, the Ministry may cancel the worker's work permit and allow him/her to move to another establishment without prejudice to his/her rights with the employer.
  • Can the employer deduct any amount from the worker's wage?

    The new labour law and its executive regulations affirm the worker's right to receive his/her wages on the scheduled date and in the agreed-upon amount, as long as the worker performs his/her job duties and fulfills his/her legal obligations. However, there are limited cases where employer may deduct any amount from the worker's wage. These cases are:

    • Redemption of loans granted to the worker, within the maximum limit of the monthly deduction percentage from the worker’s wage stipulated in this Article, after obtaining the worker’s written consent and without any interest;
    • Redemption of the amounts paid to the worker in excess of his entitlements, provided that the amount deducted does not exceed (20%) twenty percent of the wage;
    • Amounts deducted for the purposes of calculating the contributions in bonuses, retirement pensions and insurances plans according to the legislation in force in the State;
    • Worker’s contributions to the Employees' Provident Fund at the establishment or the loans payable to the Fund approved by the Ministry;
    • Installments for any social security plans or any other benefits or services provided by the employer and approved by the Ministry, provided that the worker has agreed in writing to participate in the plan;
    • Amounts deducted from the worker due to violations he/she commits, according to the regulation of penalties in force at the establishment and approved by the Ministry, provided that the deduction shall not exceed five percent (5%) of the wage;
    • Debts due pursuant to a court judgment, without exceeding one quarter of the wage payable to the worker, except for the alimony awarded by the court, where more than one quarter of the wage may be deducted. In case of multiple debts, the amounts to be paid shall be distributed as per the entitlement categories;
    • Amounts necessary to rectify the damage caused by the worker, as a result of his/her mistake or violation of the employer’s instructions, which led to the destruction, demolition or loss of tools, machines, products or materials owned by the employer, provided that the deducted amounts shall not exceed five days (5) of the wage per month. It is not permissible to deduct an amount greater than that except with the approval of the competent court.
    • If there are many reasons for deduction or withholding from the wage, in all cases the percentage of deduction and/or withholding may not exceed fifty percent (50%) of the wage.
  • Does the employer have the right to ask the worker to work for additional working hours?

    Yes, the employer may ask the worker to work for additional working hours beyond the regular working hours, provided that such additional working hours shall not exceed two (2) hours per day, unless the work is necessary to prevent the occurrence of a gross loss or a serious accident or to eliminate or mitigate its effects. In all cases, the total working hours shall not exceed one hundred and forty-four (144) hours every (3) three weeks.

  • Is the time spent by the worker in moving from his/her place of residence to the work place counted within the working hours?

    The periods spent by the worker in moving between his/her place of residence and the work place are not counted within the working hours, except in the following cases:

    • The period the worker spends in the means of transportation in case of bad climate conditions and complying with the warnings of the National Center of Meteorology regarding climate changes and fluctuations.
    • In case of a traffic accident or emergency breakdown where the means of transportation is provided by the employer.
    • The existence of an express agreement between the parties to the contract.
  • What are the controls for setting internal regulations in establishments?

    The new labour law and its executive regulations stipulate a set of regulatory controls for internal regulations, as follows:

    • The internal regulations shall not contradict the provisions and rules stipulated in the Decree-Law, the provisions of this Resolution and the legal regulations.
    • Internal regulations shall include the list of penalties that may be imposed on violating workers, and the terms and conditions for their application.
    • Internal regulations shall include the daily working hours, weekly holidays, public holidays, and the necessary measures and precautions to be taken into account to avoid work injuries and fire hazards.
    • Internal regulations shall include the system, criteria and controls for promotions and rewards.
    • The employer must inform the worker of the regulations of this article by any available means, and make him/her aware of them in the language he/she understands.
  • What is the period during which an employer may assign a worker to perform another job that is fundamentally different from his/her original job?

    The maximum period for assigning such kind of job to the worker is ninety days (90) per year.

  • What are the requirements for applying the non-competition clause?

    The new labour law and its executive regulations enable employers to keep their business secrets without affecting the interests of the establishment and the rights of the worker. In this regard, a number of controls are defined to implement the non-competition clause, including:

    • The geographical scope of application of the non-competition condition.
    • The term of the condition, provided that it shall not exceed two years from the date of expiry of the contract.
    • The nature of the work, so that it shall not cause serious harm the legitimate interests of the employer.

    In case of a dispute over the non-competition clause and the same cannot be settled amicably, the matter shall be referred to the competent court. The burden of proof of damage rests with the employer. In additions, the non-competition clause shall not apply if the reason for terminating the contract is due to the employer or its breach of its legal or contractual obligations. The parties may also agree in writing not to implement the non-competition clause after the termination of the work contract.

  • Can the worker terminate the contract and join another employer during the probationary period?

    Yes, but the worker must notify the original employer of this by a written notice of no less than one month from the date of his/her desire to terminate the contract, and the new employer shall be required to compensate the original employer with the costs of recruitment or contracting with the worker, unless otherwise agreed. In the event of non-compliance with the above, the worker shall pay the employer a compensation equal to the worker's wage for the full or remaining period of the notice period.

  • What are the requirements for changing the employment contract from one mode to another?

    The law and its executive regulations allow the parties to the employment relationship to change the contract type, subject to the following:

    • Consent of both the worker and the employer.
    • Discharge all dues arising from the first contract.
    • Follow the procedures set by the Ministry.
  • What are the types of work permit?

    The new labour law and its executive regulations allowed the establishments to employ the worker according to 12 types of work permits, and facilitated the procedures for transferring workers from one establishment to another in a way that meets the establishment's needs of workforce, whether by recruiting them from outside the country or contracting with those inside the country, and thus investing local and global energies and talents. Types of work permits include:

    • Work Permit (recruiting a worker from outside the country): This permit allows establishments registered with the Ministry to bring in a worker from outside the country.
    • Transfer Work Permit: Under this permit, the non-national worker may be transferred to and from an establishment registered in the Ministry.
    • Family-Sponsored Permit: This permit allows those who are under the sponsorship of their families to work in an establishment registered with the Ministry.
    • Temporary Work Permit: Under this permit, a worker is employed for a job whose nature of execution or completion requires a specified period in one of the establishments registered in the Ministry.
    • Mission Work Permit: This permit is issued to an establishment registered in the Ministry wishing to recruit in a worker from abroad to complete a temporary work or a specific project for a fixed period.
    • Part-Time Work Permit: This permit allows establishments registered with the Ministry to employ a worker under a part-time contract so that his/her working hours or working days are less than his/her full-time counterparts. A worker may work for more than one employer after obtaining a permit to that effect from the Ministry.
    • Juvenile Work Permit: Under this permit, a person who has reached the age of 15 and has not exceeded 18 years may be employed in an establishment registered with the Ministry.
    • Student Training and Employment Permit: This permit allows an establishment registered with the Ministry to train or employ a student in the State who has reached the age of 15, according to certain controls and conditions that ensure an appropriate training and work environment.
    • UAE/GCC Nationals Work permit: This type of permit allows an establishment registered with the Ministry to employ UAE or GCC nationals.
    • Golden Visa Work Permit: This permit is granted when an establishment registered with the Ministry applies to employ a holder of golden residency visa.
    • Trainee Citizen Work Permit: This permit is granted to an establishment registered with the Ministry that wishes to train a citizen according to a recognized scientific qualification.
    • Freelancing Work Permit: This permit is granted to individuals wishing to engage in freelance work independently (based on their own residency in the case of foreign individuals) without being sponsored by a specific entity or employer in the State and without the need for a valid employment contract through which the individual will earn a direct income by offering his or her services for a specified period of time or by performing a task or providing a specific service, whether to individuals or entities. In such case, the natural person may not be considered in no way an employee of such individuals or entities.
  • What are the requirements for employment of juveniles?

    The new labour law and its executive regulations seek to ensure a safe and decent work environment for working juveniles. A set of requirements have been defined in this regard, as follows:

    • Written consent of the parent or guardian.
    • Certificate of medical fitness for the required work issued by the competent medical authority.
    • The actual working hours shall not exceed six hours per day, with one or more periods of rest, the total of which shall not be less than one hour, provided that the juvenile worker shall not work for more than four consecutive hours.
    • The juvenile worker shall not be employed during the period from seven pm until seven am.
    • The juvenile worker may not be engaged in dangerous or hard works or in work that is by nature capable of causing harm to his health, safety or morals. Such works shall be determined by a resolution of the Minister in coordination with the concerned authorities.
    • The juvenile worker may not assigned overtime work, or kept in the workplace beyond the working times set for him, or asked to work on off days or official holidays

The Federal Decree-Law No. (14) of 2022 amending some provisions of Decree-Law No. (33) of 2021 Regulating Labor Relations

Unemployment Insurance Scheme

General

Regulating Labor Disputes and Complaints Procedures

Regulating Labor Inspection Procedures

  • What are the regulations required from a labour inspector when performing their duty?

    There are a set of regulations a labour inspector is required to follow when performing their duty:

    • Notifying the employer or the representative of the employer, of their presence, unless the inspection task being performed requires otherwise, and in all cases, he/she is obligated to introduce themselves when entering the establishment.
    • Respecting the law, performing their work ethically and with honesty. Committing to not share any confidential information or industrial inventions or other secrets which he/she comes to know by virtue of their job, even if they no longer perform this job.
    • Retaining any complaints that they receive with the utmost confidentiality, and not to disclose them to the employer, or the representative or any other person who is not legally competent.
    • Ensuring complete impartiality and not having any direct interests in the establishments they inspect.
    • Cooperating with workers and employers alike and complying with the principles and work ethics determined in the Professional Work Conduct document for government employees.
    • Working in accordance with the rules set in the operating manual issued by the Undersecretary for Human Resources Affairs in this regard, and completing their duties within the specified time.
  • What are the rights and authorities of a labour inspector?

    The labour inspector has the following rights:

    • Entering any establishment subject to the provisions of Decree-Law No. (33) Of the year 2021 regulating labor relations at any time for the purpose of inspection.
    • Summoning the employer of the establishment or their representative at the headquarters, labor accommodation, or the Ministry. The Inspector may also request the presence of any worker in the establishment, either in person or through virtual means.
    • Conduct any investigation necessary to ensure the employers compliance in fulfilling their legal obligations, and has the right to question the employer or the employees individually or in the presence of witnesses.
    • Examine the documents and data that must retained by an employer or any other documents related to the work and has the right to obtain an extract from them if necessary.
    • Obligating an employer to provide any data or information related to their obligations in implementing the provisions of the Decree Law, the Executive Regulations and the relevant Ministerial Decrees.
    • Taking samples of materials used or circulated in industrial processes and other works subject to inspection, which are believed to have a harmful effect on the health or safety of workers, to determine the extent of this effect and to take appropriate measures. The inspector has the right to request medical examinations to be conducted for the workers in the establishment.. Medical laboratory examinations to ensure the appropriateness of working conditions and their impact on the health and prevention level of the work are also within the right of an inspector.
    • Ensure the availability of informative posters, as regulated by the law, in the workplace and in labor accommodations, in a language the worker understands.
    • Inform the relevant authorities at the Ministry of any shortcomings in the rules or provisions regulating the work relationship and suggest what is necessary to amend them.
    • Inform the governmental authorities, whether at the federal and/or local levels, each according to their mandates, regarding detected violations.

Wages Protection System (WPS) for Establishments

Establishment Classification

  • What is considered a High Risk Establishment?

    1. Default in payment of employees’ wages in establishments employing more than 50 workers, in accordance with the stipulated deadlines and procedures contained in Ministerial Resolution No. (43) of 2022 concerning Wages Protection System.
    2. If multiple cases of labor stoppage or collective labor dispute occur during the last (12) months, due to the establishment’s breach of its legal or contractual obligations.
    3. If the percentage of labor complaints referred by the Ministry to the judicial authorities reaches (30%) or more of the total number of workers registered in the establishment, due to the establishment’s breach of its legal or contractual obligations.
    4. If the number of expired work permits exceeds (30%) of the total number of workers registered in the establishment, and the establishment fails to renew it within the stipulated deadline specified by Cabinet Resolution No. 21 of 2020 concerning Service Fees and Administrative Fines at the Ministry of Human Resources & Emiratisation.
    5. If reports of work stoppage exceeds (30%) of the total number of workers registered in the establishment.
  • How to lift the status of High Risk of the establishment?

    The high-risk status shall be lifted once violations contained in the preceding Article referred to in Ministerial Resolution No.(208) of 2022 concerning Criteria for Identifying High-Risk Establishments are remedied and any liabilities resulting therefrom are settled.

    In order to lift the high risk status by reason of work stoppage reports exceeding (30%) of the total number of workers registered in the establishment, the establishment’s record shall not contain any work stoppage incidents for 12 months.

  • What is the Workforce Planning Policy through promoting cultural and demographic diversity?

    The Workforce Planning Policy is a strong impetus for proactive efforts aimed at enhancing the UAE’s global competitiveness as a resilient, open, and diversified labour market that embraces global talents, offering fair and equal opportunities in the private sector. This underlines the values that distinguish the UAE, namely tolerance, cultural, and demographic diversity.

    The Workforce Planning Policy seeks to develop the market’s business environment without violating the employers’ freedom to choose the talents and competencies they wish to employ, while setting new fees for services that are essentially linked to the choices made by the employers.

  • What do you mean by the policy of cultural and demographic diversity in the UAE?

    As you know, the UAE has attracted workers from different cultures of the world, which is something we are proud of – in light of the human values that prevail in our society, especially tolerance and acceptance of the other cultures. Through the policy of cultural and demographic diversity, we aim to translate the social and cultural diversity of the UAE and make it an integral part of the core values of the companies in the private sector. This will be done by diversifying cultural backgrounds of their employees and offering equal employment opportunities while empowering UAE citizens as per the applicable percentages of Emiratisation.

  • Will the new fees be applied during the transition period?

    The application of the new classification will keep pace with the updates made on service fees for work permits and transfer fees

    The Ministry will be keen to support the companies eligible for the transitional period, which include 50 or more workers, in their transformation journey in line with the new decision on cultural and demographic diversity.

  • Will the classification impact companies’ financial and operational performance?

    The decision will have a positive impact on the performance of companies as it pushes them to adhere to best practices that support workers’ rights, stimulates the launch of innovation projects and supporting the SME sector, and encourages business in new sectors with promising opportunities, especially since it excludes companies from the Tier 3 classification if they operate in priority sectors.

    The classification also increases fairness and equal opportunities in the labour market, enhances the attractiveness of the private sector for high-level national competencies, and advances training, research and development programs, integrating with the laws and regulations aimed at upgrading the labour market that were recently announced, such as the insurance system and adjustments to Emiratisation rates that intersect with the objectives of the Nafis program. 

  • What are the violations that classify companies in the high-risk category?

    A facility with 50 employees or more is classified as high risk in the following cases:

    • Late payment of workers’ wages
    • More than one worker suspension case in the past 12 months
    • Labour complaints referred by the ministry to the judicial authorities at a rate of 30% or more of the total registered workers
    • Expired work permits of more than 30% of the total registered workers which were not renewed according to the total number of registered workers
    • Reports of work absence of 30% of the total registered workers in the facility
  • What are the reasons behind restructuring the corporate classification system at this specific time?

    Cabinet Resolution No. 18 of 2022 responds to clients’ requests on simplifying processes and developing the classification ecosystem. This, in turn, is aimed at bolstering the entrepreneurship and investment, while augmenting the UAE labour market’s competitiveness and attractiveness for global talent and protecting the workers.

    The resolution is in line with the UAE’s plans for the next 50 years, positioning the nation as "a capital for talent, companies, investments, and the future."

    The classification law is also aligned with the resolutions taken to boost the Emiratisation levels, while linking requirements with benefits through an unprecedented incentive package.

    The package includes reducing the Ministry of Human Resources and Emiratisation’s fees by up to 80% for private sector companies that achieve major accomplishments in hiring and training citizens, therefore attaining first category classification.

  • What is the mechanism for new establishment’s classification?

    New establishments, regardless of its size will be classified under category (2), subject to their compliance with the policy of cultural diversity and skilled workers when issuing work permits. Establishments will be classified under category (3) if found to be in violation of the provisions contained in the decree-law regarding the regulation of labor relations and its executive regulations and ministerial decisions issued pursuant to the decision of the Minister of Human Resources and Emiratisation, or due to non-compliance with the policy of cultural diversity and skilled workers.

  • How does the establishment move from one category to another?

    The classification category of the establishment shall be upgraded and downgraded based on its achievement of the requirements for its respective category.

  • Can the establishment be classified under category (1) automatically?

    The establishment will be classified under Category (1) only by submitting an application, subject to approval by the Ministry.

  • What are the criteria for classifying establishments under Category (1)?

    Establishments will be classified under Category (1), subject to their compliance with the provisions contained in the decree-law regarding the regulation of labor relations and its executive regulations and ministerial decisions issued pursuant to the decision of the Minister of Human Resources and Emiratisation regarding work permits, employment contracts for UAE citizens and non-citizens, Wages Protection System, in addition to achieving one of the following criteria:

    • Increasing its Emiratization percentage annually in accordance with the decisions of the Council of Ministers, at a rate not less than 3 times the target.
    • Cooperating with the UAE Nationals Competitiveness Council (Nafis) in recruiting and training not less than 500 citizens each year.
    • Classified as SMEs that are members in youth support organizations at the local or federal level or of an innovative nature.
    • Training Institutes and Recruitment Agencies supporting the implementation of cultural diversity and skilled workers policy in the labor market in the country.
    • One of the targeted economic sectors and activities determined by the Council of Ministers based on the proposal of the Minister of Human Resources and Emiratisation.
    • (Zone Corp) establishments.
  • What are the criteria for classifying establishments under Category (2)?

    Establishments will be classified under Category (2), subject to their compliance with the provisions contained in the decree-law regarding the regulation of labor relations and its executive regulations and ministerial decisions issued pursuant to the decision of the Minister of Human Resources and Emiratisation regarding work permits, employment contracts for UAE citizens and non- citizens, Wages Protection System in addition to implementing cultural diversity and skilled workers policy.

  • What are the criteria for classifying establishments under Category (3)?

    Establishments shall be classified under category (3) according to the following criteria:

    • All establishments found to be in violation of the provisions contained in Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations and its executive regulations.
    • Establishments who does not achieve cultural diversity and skilled workers percentage.
  • Are there levels within the system of establishment’s classification?

    There are no levels within the categories, thus, Category (2) was modified and the previous levels (A-B-C-D) were removed.

  • What are the advantages of cooperating with the Emirati Competitiveness Council (Nafis) in terms of establishment classification?

    Cabinet Resolution (18) of 2022 stipulated in Article (2) that establishments shall be classified under Category (1), subject to its total compliance with all provisions related to the decree-law regarding the regulation of labor relations and its executive regulations and all decisions issued by the Ministry of Human Resources and Emiratisation, work permits, employment contracts for citizens and non-citizens, and the wage protection system, at a rate of 100%, in addition to one of the criteria mentioned in the article, including cooperation with the UAE Nationals Competitiveness Council (Nafis Program) in recruiting and training at least 500 citizen annually.

  • How many winners does the Workforce Category have?

    The Category has three winners for each of the three subcategories, with a total of 12 winners.

Grievance Committee

Licensing and Regulating the Work of Recruitment Agencies

  • What is the definition of mediation activity?

    Creating a middle ground between the parties to the employment relationship and their representatives; negotiate on their behalf the terms of the labor contract, in order to establish an employment relationship, without the agency becoming a party thereto.

  • What is the definition of temporary employment and outsourcing activity?

    Recruiting a worker with the intention of making him/ her available to work with a third party, and the worker’s relationship becomes direct with the Agency that outsourced his/her services to a third party (the Beneficiary).

  • Who is the Beneficiary?

    Any natural or legal person to whom the worker is assigned and under his/her supervision according to the temporary employment and outsourcing system, whether for a specific period of time or to perform a certain task or to provide a specific service.

  • What is an Agency?

    Any individual establishment or a legal personality that engages in an activity related to mediation or temporary employment and outsourcing to provide the services of one or more workers for a specified period of time or to perform a task or to provide a specific service to the beneficiary.

  • Are there fees for obtaining a new license or renewing the license?

    According to Cabinet Resolution No. 21 of 2020 regarding service fees, the Mediation Agency license is issued for a period of one year for a fee of AED 25,000/- and it is renewed against a fee of AED12,500/-. As for the Temporary Employment Agency license, the license is issued for a fee of AED50,000/- and it is renewed against a fee of AED 25,000/-. The amount of fee for combining the two activities as indicated in the paragraph or for renewing them together is not mentioned in the table.

  • What are the procedures for issuing a temporary employment agency, outsourcing or mediation license?

    1. Submit an application through the channels specified by the Ministry.
    2. Fulfilling the requirements necessary for the issuance of the license.
    3. Payment of the required guarantees and insurances.
    4. Payment of the prescribed fees.
    5. Any other procedures issued pursuant to a decision of the Minister or his authorized representative.
  • What are the cases in which the Ministry may suspend or revoke the agency's license?

    The Ministry may cancel the agency's license in the following cases:

    1. Lack/ absence of one of the requirements on which the license was issued.
    2. If the agency commits any act that involves a form of forced labor or human trafficking.
    3. Failure to pay workers’ wages
    4. Violation to any other conditions approved by the Ministry.
    5. Violation of any of the rules contained in the decree-law and its bylaw concerning employment agencies, or the provisions of Ministerial Resolution No. 51 of 2022 regarding licensing and regulating the work of employment agencies.
  • Is there a fine in case of non-renewal of the license?

    If the agency license expires and has not been renewed within 30 days, it will be considered as unlawful practice of the activity, and will be subjected to legally prescribed fines of AED 50,000/- per case.

Special Programs Department

  • What are the types of remote working?

    -       Part-time working: an employee can divide his work time between the main workplace and remote workplace in equal or different percentages. This may be days in the week, weeks in the month or months in the year.

    -       Full-time working: this is for the jobs that can be performed on full-time basis from outside the office.

  • How to apply remote working system at the organization?

    The remote working system provided by MOHRE to employers gives them the chance to hire national workforce with no need to their appearance in the office, whether from home or a remote working center on part-time and full-time basis.

  • Application Mechanism of Remote Working System:

    • Applying remote working systems based on the working policy in the UAE and MOHRE's policy and guide.
    • Determining the jobs that are suitable for the remote working system.
    • Encouraging national citizens to use the remote working system.
    • Considering the employees' applications for the remote working system.
    • Assessing the abilities of every remote working system applicant.
    • Providing MOHRE with the results of implementation of remote working systems on a periodical basis.
    • Training remote-working employees for their quality assurance.
    • Providing tools and systems for employees for success of remote working.
  • Want to join?

    If you have determined your organization's needs of employees and created remote working jobs that are compliant with the program terms and conditions, you can insert vacancies and look for qualified cadres via your page in the Tawteen Gate www.tawteen.gov.ae, or call a recruitment consultant at 80066473.

  • What are applicable conditions when applying the remote working system?

    Remote working employment requires:

     

    Employer:

    Workplace: the employer needs to determine appropriate and permissible workplaces and environments for remote working.

    Working Hours: working hours may differ from approved hours at the employer's offices. Working hours are determined as per the operating needs and nature of tasks.

    Work Supplies: the employer shall provide all items necessary for an employee to do his job, including electronic tools, hardware, etc. and procure or pay for hardware maintenance.

    Security: the employee needs to take all security requirements into consideration, determine responsibilities in case of any security breach while the employee is outside the workplace, and establish necessary penalties for violation of any security restrictions.

    Privacy: the employee needs to clarify the limits of remote-worker privacy policy, whether there are any follow-up programs to be installed on the employees' devices, and whether there are any other restrictions or limitations related to employee's privacy.

    Health and Safety: the organization should adhere to health and safety requirements when determining or approving the remote workplace.

    Easy Communication: the employer should ensure access to remote-working employers for:

    • All their colleagues in work, management/leadership.
    • Information and systems required to do their duties.
    • Video conversation systems and documentation system to streamline their consolidation into operating procedures.

     

    Performance Management: the employer should establish guidelines concerning remote-working employee performance assessment against their colleagues working at work offices.

     

    Development and Training Opportunities: the employer should provide the same training and development opportunities for remote-working employees.

     

    A remote-working employee should adhere to the following:

    • To adhere to remote workplaces and hours agreed on with the employer.
    • To keep and maintain the tools and devices, in his possession, request necessary maintenance or change the same, whenever necessary.
    • Not to use tools and devices, in his possession, other than for operating needs.
    • To comply with the agreed security requirements, report any security breach, once it occurs, and follow the employer's instructions in this concern.
    • To review and comply with the remote-working employee privacy policy.
    • To make use of available communication means to ensure continuous liaison with supervisors and colleagues as per operating requirements.

     

    Remote Employee/Job seeker:

    v  To review the operating systems policy, guide, rights and responsibilities on its employees.

    v  To work in accordance with the remote-working laws adopted by the employer.

    v  An employee must adhere to security requirements.

    v  An employee must handle any challenges or hardships ensuing from remote working arrangements.

    v  The employee shall be accessible to his colleagues or employer during working hours.

    v  The employee shall keep the devices and tools furnished to him.

    In case of any complaint, resort will be made to MOHRE for dispute resolution

Work Permits, Contracts and Job Offer Forms

  • What is a National Student Employment Contract?

    Generally, a National Student Employment Contract is concluded between an employer and a student enrolled in one of the programs approved and supported by the Emirati Cadre Competitiveness Council "NAFIS", under a set of professions and specialties determined by the Ministry. It is a full-time position with a salary of at least 4,000 dirhams per month. After graduation, the national student must be employed at the same institution for a period not less than the study period, in a profession within the same specialty, in accordance with the employment contract applicable to nationals within the private sector.

  • What is the duration of the National Student Employment Contract?

    The Contract duration is one year, renewable with the agreement of the employer and the national student until graduation.

  • Does a National Student Employment Contract qualify as an Emiratization requirement for the establishment?

    In accordance with Cabinet Resolution No. (1/7) of 2021 and its amendments, the national student employment contract is included in the Emiratisation percentage required by the establishment.

  • Is there a sector that targets National Student Employment Contracts?

    Currently, employment contracts are available to national students seeking employment in the health care industry.

  • For the purpose of obtaining an employment contract, what documents must a national student submit?

    1. A clear, colored photo with a white background
    2. A copy of the Emirates ID card
    3. The approved employment contract form, which includes the signatures of both parties (the employer and the national student.
    4. Certificate of continuity of education at an accredited educational institution.
  • What are the obligations of the establishment?

    • Provide the national student with a work permit in accordance with the form prescribed by the Ministry.
    • The profession specified in the employment contract must correspond to the specialization of the appointed student within the list of professional groups and specialized occupational categories established by the Ministry.
    • Payment of the monthly wage specified in the employment contract, provided that it does not fall below 4,000 dirhams and is paid through the Wages Protection System.
    • Register the student with an approved pension fund in the country and maintain regular contributions in accordance with the applicable rules and regulations.
    • Train the national student in the same academic specialization and profession specified in the employment contract within the list of professional groups and specialized occupational categories established by the Ministry.
    • A national student's employment contract must be amended to an employment contract for a national employee upon graduation in accordance with the Ministry's approved forms, and the salary of the national student must also be adjusted in accordance with the establishment's regulations for the same profession. After the amendment, the term of the employment contract shall not be less than the period of study during the employment contract of the national student within the same area of specialization.
    • Any other requirements deemed necessary by the Ministry.
  • What are the obligations of the national student?

    • It is important not to make any changes to the agreed academic specialization without the approval of the Ministry and employer.
    • Successful completion of the academic program at the educational institution accredited by the Ministry.
    • Observe the agreed training dates, controls, and conditions.
    • Assure the confidentiality of work secrets acquired during the training period.
    • Accept employment with the employer after successfully completing a degree in the same field of specialization for a period equal to that of a national student's employment contract.
    • Any other requirements deemed necessary by the Ministry.
  • Can you explain the consequences that establishments might encounter if they violate the provisions of Ministerial Resolution No. (240) of 2023 regarding the implementation of employment contracts for national students?

    Establishments will be required to pay contributions in accordance with Cabinet Resolution No. (1/7) of 2021, its amendments, and the decisions issued in implementation thereof.

  • Which consequences will be imposed on national students who violate the provisions of Ministerial Resolution No. (240) of 2023 regarding the implementation of employment contracts for national students?

    Students will be required to reimburse the establishment for all amounts they received from the establishment during the term of their employment contract.

  • Is there a resolution that governs the employment contract of a national student?

    Ministerial Resolution No. (240) of 2023 on the introduction of employment contracts for national students.

  • What are the eligibility requirements for obtaining an employment contract for a national student?

    National students enrolled in programs approved and supported by the UAE Cadres Competitiveness Council ("NAFIS"). The contracts are currently available to citizens participating in the NAFIS cadre development program for the medical and health sectors.

  • What is an Employment Contract?

    Generally, an Employment Contract is an agreement between an employer and employee, under which the employee agrees to serve the employer and work under his supervision and guidance in exchange for a wage, as determined by the Executive Regulations of Federal Decree-Law No. (33) of 2021 relating to the Regulation of Labor Relations and its amendments.

  • Is there a deadline for the conversion of Employment Contracts?

    Unlimited Employment Contracts must be converted to Limited Employment Contracts by December 31, 2023

  • During the renewal process, will the contract period be automatically modified, or will it be necessary to submit an electronic renewal and amendment application?

    As long as there are no changes to the details of the employment contract, such as amending the salary amount, an electronic work permit renewal application is sufficient.

  • Can you please provide me with the details of the application that needs to be submitted in order to convert the employment contract?

    If your electronic work permit is valid, you may submit an application for amendment. In the case of an expired electronic work permit, you should submit an application for renewal.

  • Which types of employment contracts were available under the previous labor law?

    1. Unlimited Employment Contracts.
    2. Limited Employment Contracts (provided that the contract period does not exceed four years).
  • Which types of Employment Contracts are available under current labor law?

    Limited Employment Contracts (there is no maximum duration for the contract)

  • Under the new labor laws, what are the advantages of Limited Employment Contracts?

    Limited Employment Contracts have several advantages, including:

    • Achieving greater flexibility in the relationship between the worker and the employer in the labor market.
    • Attracting and retaining competent and talented employees.
    • The standardization of employment termination procedures contributes to the stability of the labor market.
    • Employees can transfer more easily when there are flexible notice periods for either party.
  • Do dependents under their families' sponsorship or golden visa holders need to have their employment contracts amended?

    Prior to December 31, 2023, all unlimited employment contracts must be amended to limited employment contracts.

  • Which decision governs the extension of the deadline for converting employment contracts?

    Ministerial Resolution No.27 of 2023 regarding the extension of the deadline for converting employment contracts.

  • Does a limited employment contract include a notice period?

    As part of the employment agreement, the parties may agree on a notice period during which the employment relationship may be terminated, provided that such a period does not exceed ninety days and must not be less than thirty days.

  • What are the employment types?

    • Full time: means working for one employer for the full daily working hours throughout the working days.
    • Part-time:  means working for an employer or employers for a specific number of working hours or specific working days
    • Temporary Work: means a work whose nature requires a specific period, or focuses on a specific work and ends with its completion.
    • Flexible work: means a work whose hours or working days change according to the volume of work and the economic and operational variables of the employer. The worker may work for the employer at different times according to work conditions and requirements.
    • Remote work: means all or part of the work is performed outside the workplace and the communication between the worker and the employer is made online instead of being physically present, whether the work is part-time or full-time.
    • Job sharing: means tasks and duties are divided between more than one worker to perform the tasks agreed upon in advance, and it is reflected in the amount of the wage due to each of them so that it is ratio and proportion. Workers will be dealt with according to the part-time rules.
  • How can I review the Employment Contract form?

    By visiting the Ministry's website.

  • How long is the golden visa work permit?

    Two Years

  • What are the obligations of the employer regarding employment contracts?

    • Use the approved contract form that conforms with the job offer when requesting the issuance of the work permit, more benefits may be added to the worker in the contract, it is also permissible to add appendixes to the contract in a manner that does not conflict with the provisions of the decree-law and its bylaw.
    • Maintain a copy of the employment contract and job offer of the worker in a digital or paper form, and keep for a period of not less than two years from the date of termination or expiration of the labor relationship.
    • Educate the worker of his rights and obligations contained in the contract.
  • What are the exceptional cases for issuing or renewing work permits?

    The employer is not considered late in renewing or issuing a work permit in any of the following cases:

    • The worker who left the country and has been outside the country for more than 6 months, or his/her residency expired while he/she was outside the country and his/her work permit expired after the date of departure.
    • The worker whose work permit has expired after being expelled by order, court ruling, or administrative decision from the competent authorities, for the period from the date of arrest or the date of deportation, whichever comes first
    • If the worker dies or suffers from a contiguous disease that prevents him/ her from work
    • The case of the worker whose work permit has expired or the Ministry referred his complaint to the court for the period from the date of referral, excluding any other periods prior to this referral.
    • The worker who left the country during the periods of changing status decided by the competent authorities
    • The imprisoned or detained worker whose work permit expired during his / her imprisonment or detention, for the period of imprisonment or detention.
    • In case of the death of the owner of the establishment that is solely managing it, for a maximum period of 3 months from the date of death until the appointment of a legal representative to manage the facility

Electronic Work Permits Quotas for Establishments

Nafis Program

Reduction and Installment of Fines

Worker Protection (Insurance System)

Domestic Workers

  • How and when is a dispute referred to a competent court?

    If the dispute is not resolved between the two parties within two weeks of the date of the complaint, the matter will be referred to the court of competent jurisdiction.

  • Can you provide an explanation of the procedures taken by the Ministry in the event of a dispute between the employer and the domestic worker?

    If a dispute between the employer and the domestic worker arises, the Ministry takes prompt and transparent action in accordance with the following procedures:

    1. The dispute shall be referred to the relevant department in the Ministry, or to any other authority specified by the Ministry. Upon receipt of the complaint, the concerned department shall summon the parties to the dispute using the address provided in the complaint file. If the address listed in the complaint file is not available, the address listed in the Ministry's records will be used.
    2. Upon hearing the statements of both parties, the legal advisor shall propose reconciliation in accordance with the applicable rules of the Ministry.
    3. If the parties to the dispute fail to reach an amicable settlement, the Ministry will refer the matter to the appropriate court within two weeks of receiving the complaint. In addition to the referral, a memorandum of the legal opinion should be included
    4. The complainant shall notify the Ministry of the latest developments in the case and the decision reached thereon.
  • What are the requirements for occupational health and safety?

    Under the executive regulations, there are a number of requirements for providing occupational care and safety for domestic workers, including:

    1. Domestic workers must be informed of the dangers associated with their profession and the precautions that need to be taken by the employer or his representative at the time of appointment. In addition, the employer must provide adequate means of protection for the worker against the hazards of occupational injuries and diseases. This includes protective equipment and clothing specifically designed for this purpose. The employer must take all reasonable measures in order to protect the domestic worker from occupational diseases and injuries.
    2. Domestic workers must comply with all instructions and orders related to workplace safety, adopt precautionary measures, and ensure that safety equipment and tools are maintained in good working condition. Furthermore, domestic workers shall not act in a manner that could compromise the enforcement of said instructions or misuse resources provided for the protection of their health and safety.
  • Are domestic workers allowed to work for the relatives of their employers?

    It is generally acceptable for domestic workers to work for relatives of the employer up to the second degree, provided that they have given their consent to do so.

  • Is it possible for a domestic worker to stop working without prior notice in certain circumstances?

    In accordance with the executive regulations, domestic workers were permitted to leave work without notice in two circumstances:

    1. Reduction in salary from the original salary agreed to in the employment contract.
    2. If the employer fails to fulfill his contractual obligations stipulated in the employment contract.
  • Is it permissible to assign any tasks to the domestic worker on the weekly rest day?

    If the employer chooses to assign any tasks to the worker on the weekly day of rest, the worker must be granted an alternative day off for rest or be paid cash in lieu of that day. The domestic worker may not be required to work for more than two consecutive days of rest in any two weeks, unless otherwise agreed upon.

  • What is the calculation for rest hours for domestic workers?

    It is required that domestic workers have a minimum of 12 hours of rest per day, eight of which must be consecutive. Moreover, the time spent by the domestic worker eating or resting shall not be counted as part of their actual working hours.

  • What are the cases in which the domestic worker is not granted a work permit until the lapse of one year after the date of his departure from the country?

    A domestic worker may not be granted a work permit until one year after the date of his departure from the country has passed, in the following cases: A domestic worker may not be granted a work permit until one year after the date of his departure from the country has passed, in the following cases: 

    1. If the absconding report is found to be accurate 
    2. In the event that the worker is found to be intoxicated or under the influence of drugs during working hours, regardless of whether he admits to it or if it is proven by the competent authorities 
    3. In the event that the worker has been awarded a final judgment by the competent court in respect of an offence prejudicing honor, honesty, or public morals 
    4. A domestic worker who commits an assault on his employer or his family, whether he admits it or if it is proven by the competent authorities. 
    5. If the domestic worker violates the sanctity of the workplace by taking photographs or videos and releasing them to the public by any means whether he admits it or if it is proven by the competent authorities. 
    6. If the domestic worker absents himself without a reasonable excuse for more than 15 intermittent days or for more than 10 consecutive days. 
  • What are the instances in which an absconding report is revoked?

    An absconding report may be canceled in the following circumstances: An absconding report may be canceled in the following circumstances: 

    1. In cases in which the domestic worker's absence from work does not exceed ten (10) consecutive days, if the period of ten (10) consecutive days since his/her leave expired has not expired, or in cases in which the absence from work is legally valid 
    2. In the event it can be proven that the domestic worker was present in the workplace or was on legally prescribed leave when the absconding report was filed, regardless of whether the employer was aware of this 
    3. The employer's approval to reinstate or terminate the employment relationship, following cancellation of the absconding report
    4. If the domestic worker returns to the domestic labor recruitment agency where they were recruited for the purpose of remaining or departing the country 
    5. Other cases in which there is evidence that the absconding report made against the domestic worker is inaccurate.  
  • When is the employer required to submit a worker’s absconding report?

    The employer must register a report in the event a domestic worker abandons work, within five days from such abandonment without a valid reason.

  • Will a domestic worker's work permit be canceled if the Ministry does not receive a response from the employer within 10 working days from the date the complaint filed by the worker?

    Yes, it will be canceled

  • What is the time limit for a domestic worker to cancel his original work permit after the final ruling in the labor complaint?

    The domestic worker can apply for the cancellation of the original work permit within 14 days of the final judgment in the labor case.

  • May a domestic worker whose complaint is referred to the court be granted a temporary work permit?

    Yes, a domestic worker may request a temporary work permit within 30 days from the date the complaint was referred to the judiciary only if the suspension or cessation of work occurs as a result of a labor complaint.

  • What is the time limit for a domestic worker to file his labour complaint with the competent court?

    The domestic worker must file the labour complaint with the competent court within 14 days of the date when the Ministry approves the referral to the judiciary.

  • What is the time limit during which the employer or the domestic worker can file complaint about the breach of the employment contract?

    The employer/domestic worker can file a complaint regarding the employment contract concluded between them during the term of the contract and up to three months after its termination for any reason whatsoever.

  • What are the cases in which a domestic worker can transfer his services to a new employer?

    • The domestic worker can transfer his services after the approval of the Ministry and by submitting an application through the approved channels in the following instances:

    1. Upon the expiry of employment contract.
    2. If it is proved by a court ruling that the employer has breached his obligations towards the domestic worker prior to the expiry of the employment contract.

    • If the employer agrees in writing, during the validity period of the contract, such transfer.

  • Can the employer hire a particular domestic worker by name that is not on the recruitment office's list?

    Recruiting offices may hire a specific domestic worker at the employer's request and with his consent and knowledge, and from outside of the list of domestic workers registered with the office. However, this request will prevent the employer from obtaining a two-year guarantee on the domestic worker.

  • Exactly what does temporary employment mean?

    The term "temporary employment" refers to the process whereby the domestic labor recruitment office employs a domestic worker in order to make him/her available to a third party (the beneficiary) in order to perform a particular occupation under the provisions of this Decree-Law, and the beneficiary shall supervise and manage the performance of such responsibilities. It should be noted that the domestic labor recruitment office is the employer in temporary employment, without affecting the obligations of domestic workers toward the natural person or his family who benefit from their services.

  • According to the Decree-Law, what is the probationary period?

    Both parties to the employment relationship benefit from the probationary period, as it serves as the employer's method of evaluating the domestic worker's performance, and at the same time, allows the domestic worker to familiarize himself with his responsibilities, duties, and workplace environment. The employment contract may be continued or terminated based on the outcome of the probationary period, in accordance with the provisions of this Decree-Law, its implementing regulations, and the implementing decisions.

  • What are the objectives of the Decree Law?

    The objectives of the Decree Law are as follows:

    • Regulation of labor relations with domestic workers in the state, and defining the responsibilities of the parties in a balanced and effective manner.
    • Maintaining a suitable working environment for domestic workers in accordance with applicable legislation and international agreements.
  • What are the best practices for recruiting or temporarily employing domestic workers?

    Obtaining a license from the Ministry of Human Resources and Emiratization is required before engaging in the recruitment or temporary employment of domestic labor, according to the requirements specified in the executive regulations of this Decree-Law and the Ministry's decisions.

  • Does the Decree-Law specify a minimum or maximum age for the recruitment or employment of domestic workers?

    Generally, the Decree Law prohibits the employment or recruitment of domestic workers under the age of 18 Gregorian years; however, it does not specify an upper age limit for domestic workers.

  • What are the forms of discrimination that domestic workers face? Can the recruitment office or employer be held legally liable for these practices?

    Specifically, the Decree-Law stipulates that 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:

    • 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.
    • Any form of sexual harassment perpetrated against a domestic worker, whether it is verbal or physical in nature.
    • Forced labor or any practice that constitutes human trafficking in accordance with applicable legislation and international agreements.
  • A domestic worker must undergo a medical examination before being allowed entry into the country. Who is responsible for arranging the medical examination?

    In accordance with the decree-law, the recruitment office was required to conduct the necessary medical examinations for the domestic worker within 30 days of his arrival in the country. As part of this process, it is imperative to ensure that the domestic worker is medically fit for the tasks he/she will be performing, in terms of physical, mental and psychological fitness, and does not suffer from a chronic or contagious disease based on the conditions determined by the approved medical authorities of the country, or has any health conditions which may limit the performance of the position.

  • Who is responsible for educating the domestic worker about the traditions and customs of the country in which they live?

    Recruitment offices are responsible for educating domestic workers about the customs and traditions of the country.

  • Who is responsible for informing domestic workers about their right to file labor complaints?

    The Decree-Law required that the recruitment office provide domestic workers with information on how to make complaints regarding alleged violations of their rights and freedoms to the appropriate authorities.

  • Are employers entitled to refuse to receive a domestic worker if the recruitment office violates the contract terms?

    The employer has the right to refuse to employ the recruited domestic worker if the recruitment office violates the terms of the contract.

  • Are employers required to provide domestic workers with copies of the employment contract?

    The employer must conclude an employment contract with the domestic worker and provide a copy of the contract to the employee, in accordance with the Ministry of Human Resources and Emiratisation guidelines.

  • Can the employment contract provisions be amended upon renewal?

    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 employment contract, the contract may be terminated prior to its expiration date.

  • Can a domestic worker take annual leave at any time?

    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.

  • In the course of the domestic worker's annual leave, does he/she have the right to a return ticket home?

    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.

  • Are domestic workers entitled to sick leave, and for how long?

    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:

      • The first fifteen days are paid in full.
      • The next thirty days at half pay.

    If the domestic worker's behavior contributed to the illness, no payment will be made during sick leave.

  • When you say that the domestic worker should not be subcontracted for another party, what do you mean by that?

    The domestic worker may not work for anyone other than the employer or beneficiary named in the employment contract, however, he/ she he may work for any of the employer's relatives up to the second degree with his/her consent.

  • Is it permitted for domestic workers to keep their passports?

    According to the Decree-Law, domestic workers are allowed to retain their identification documents.

  • Does the employer have the right to specify the time and place at which the domestic worker may use the mobile phone?

    Domestic workers must comply with the instructions provided by their employers regarding the implementation of the work, unless such instructions are in conflict with the contract, the law, public order, public morals, or that expose them to danger or legal liability.

  • Does the Decree-Law impose any obligations on the employer in terms of occupational health and safety?

    Domestic workers must be informed of the dangers associated with their profession and the precautions that need to be taken by the employer or his representative at the time of appointment. In addition, the employer must provide adequate means of protection for the worker against the hazards of occupational injuries and diseases. This includes protective equipment and clothing specifically designed for this purpose. The employer must take all reasonable measures in order to protect the domestic worker from occupational diseases and injuries.

  • When will the domestic worker be entitled to receive his / her wages?

    From the date the domestic worker enters the country, or from the date that his/her status is adjusted, the domestic worker is entitled to his/her wages.

  • Is it permissible for the employer to deduct from the domestic worker's salary?

    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.

    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.

  • Is it permissible for the employer to deduct more than a quarter of the wage if the amount of damage exceeds the remaining term of the employment contract of the domestic worker?

    The deduction may not exceed one quarter of the domestic worker's salary.

  • Are employers allowed to suspend the wages of domestic workers?

    In the event that a domestic worker is imprisoned in provisional detention, his/her wages will be suspended for the duration of his confinement.

  • Do domestic workers have the right to abandon their jobs at certain times?

    Domestic workers may leave their jobs in any of the following situations while maintaining their rights, provided that they inform the Ministry within two weeks of the occurrence, particularly if the employer fails to address the reasons for leaving the work:

      • Salary reduction from the salary stipulated in the employment contract.
      • In the event that the employer fails to fulfill his contractual obligations stipulated in the employment contract.

    In the event that the employer or his representative commits any act of assault, humiliation or any form of sexual assault against the domestic worker, he / she has the right to leave work without notice. At all times, the domestic worker must immediately report the assault to the competent authorities and notify the Ministry within three days of leaving the workplace.

    It is necessary for the domestic worker to return to the recruitment office that recruited him/her for housing, specify the means of communication to be used to contact him/her, and inform the Ministry accordingly.

    In the event that any of the cases listed in this Article arise, and without prejudice to the right of the domestic worker to retain his/her entitlements throughout the duration of their employment, a domestic worker may leave the country or transfer to another employer in accordance with the certain procedures and controls.

  • In the event of the death of the employer, can the domestic worker continue to work for the deceased employer's family?

    The employment contract expires upon the death of the employer; however, it may be continued by mutual agreement between the family and the domestic worker until the end of the contract's term.

  • What are the obligations of the employer and the worker upon termination of the contract, and when can the domestic worker and the employer terminate the contract?

    The employment contract may be unilaterally terminated by either party if the other party fails to fulfill its obligations. If the termination of the employment contract 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. 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:

    • 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.
    • Domestic workers who are recruited through domestic labor recruitment offices will be reimbursed by the office for the cost of returning them to their home countries.
  • Is it possible for domestic workers to move from one employer to another?

    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 applicable conditions and procedures.

  • Can the Ministry intervene if a dispute occurs between an employer and a domestic worker?

    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. Accordingly, the Ministry shall take all measures necessary to resolve the dispute amicably. The dispute shall be referred to the competent court if attempts to reach an amicable settlement fail.

  • What is the competent authority to consider and resolve disputes between the domestic workers and the recruitment offices?

    Domestic workers who encounter a dispute with a recruitment agency and are unable to resolve it amicably must refer the matter to the Ministry, which will take legal measures to resolve it, and in the absence of an amicable resolution, the dispute will be referred to the court.

  • Is it permissible for the inspector to enter the residence of the employer's family?

    In neither of the following two scenarios, inspectors may enter the residence of the employer's family without the permission of the owner, or with the permission of the Public Prosecution:

    • In the event that a complaint is made by either the employer or the domestic worker.
    • Existence of reasonable evidence of violation of the provisions of the Decree-Law, its implementing regulations, and the decisions issued in implementation thereto.
  • Can a complaint be filed after the employment relationship has ended?

    A lawsuit concerning any of the entitlements referred to under the provisions of this Decree-Law shall not be heard after the lapse of three months from the date of termination of the employment relationship.

  • What are the responsibilities of the domestic worker in regards to the judicial fees incurred in the registration of the lawsuit?

    All actions and applications filed by domestic workers are exempt from judicial fees. Actions of this nature will be expedited.

  • Is it permissible to hire a domestic worker who is sponsored by a third party?

    Employing a domestic worker sponsored by a third party is not permitted. The following offences will be subject to a fine of not less than 50 thousand dirhams and not more than 200 thousand dirhams:

    • Provides employment to a domestic worker without obtaining a work permit.
    • Employs or recruits a domestic worker and fails to provide him/her with employment.
  • Is it permissible to employ an illegal domestic worker for the purpose of carrying out a trial and changing their status afterwards?

    Employing an illegal worker for the purposes of trail and changing their status afterwards is not permitted. A fine of not less than 50 thousand dirhams and not more than 200 thousand dirhams will be imposed on anyone who uses work permits for domestic workers for purposes other than for which they were issued.

  • In the event that the employment contract contains a condition that is in conflict with the Decree-Law, does it invalidate the contract?

    Provisions contrary or in conflict with 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.

  • Is there a copy of the contract available in the worker's native language?

    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 implementation 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 besides the Arabic language is used. The Arabic text shall prevail in the event of a discrepancy.

  • Who is subject to the provisions of the executive regulations?

    The provisions of the executive regulations shall apply to contracts entered into prior to the implementation of the regulations or on the renewal of such contracts or residence permits.

  • In the event of non-payment of wages, will the employer's file be suspended?

    The employer's file will be suspended if the wages of the domestic worker are not paid for a period exceeding two months.

  • When and how should the employer's file be suspended?

    1. If the employer fails to comply with any of the contractual obligations stipulated by the law, this resolution, the decisions issued by the Ministry, or the contract entered into with the domestic worker.
    2. Non-payment of the agreed wage under the employment contract for a period of more than two months.
    3. If it is proven that the employer or his representative has assaulted, harassed, or contempt the domestic worker in any way.
    4. If the absconding report submitted by the employer against the worker is found to be false.

Occupational Health and Safety

  • What are an employers’ obligations in ensuring workers' safety, protection and healthcare?

    1. Preparing and maintaining records related to occupational health and safety and presenting them when requested by the relevant authorities.
    2. Considering the workplace and its risks, lighting, ventilation, noise, heat, stairs, fire and machinery, in addition to steam boilers, dangerous materials, lifting and pulling equipment and tools, excavation, demolition, construction and facilities.
    3. Providing suitable personal protective equipment free of charge for workers who may be exposed to any kind of danger.
    4. Providing health care for workers.
    5. Ensuring the safety of vehicles, and the health and safety of workers during transportation, and raising workers’ awareness about driving vehicles.
    6. Ensuring that the practice of industrial operations is not harmful to the health and safety of workers, and to perform harmful health operations in separate devices, and shield the workers form harmful radiation and to dispose of any harmful material.
    7. Providing appropriate measures of protection to protect workers from the dangers of work injuries, diseases, and the dangers of fire, that may result from the use of machines and other work tools, and to follow all other protection measures issued by the Ministry in this regard.
    8. Post detailed and clear instructions regarding the measures to prevent fires and protect workers from the dangers they may be exposed to while performing their work, methods of prevention and how to treat accidents that occur because of them, in an obvious and visible place in the workplace, provided that the instructions are in Arabic and another language that workers understand where necessary, and ensure the availability of warning signs in front of dangerous sites.
    9. Informing workers of occupational hazards related to the work they perform, such as the dangers of fire, machinery, falls, occupational diseases and others, before they start work.
    10. Outsourcing the supervision of first aid to a specialist in providing medical aid, and to provide in each first aid box all the necessary equipment.
    11. Provide the necessary means to prevent fire, as well as appropriate fire extinguishing equipment for the materials present in the facility and those used in industries.
    12. Taking the necessary measures to continuously ensure that the prevailing conditions in the workplace provide adequate protection for the health and safety of workers working in the establishment.
    13. Taking appropriate practical measures to prevent, reduce or eliminate health hazards in the workplace.
    14. Taking all necessary measures to protect workers from the dangers of falling, falling objects, flying parts, sharp objects, caustic or hot liquids, flammable or explosive substances or other substances having a harmful effect, and taking the necessary measures to protect workers from the dangers of compressed gases and electricity.
    15. Placing guiding signs in the machinery area or areas of various other operations indicating the nature of the necessary technical instructions, in the Arabic language and another language that the workers understand when necessary.
  • What are the workers’ obligations in relation to occupational health and safety?

    Workers have a set of obligations they must adhere to as follows:

    • The use of protective equipment and the clothes provided,
    • To follow and implement all the instructions of the employer aimed at protecting them from dangers,
    • Abstaining from taking any action that would obstruct these instructions,
    • Adhering to the orders and instructions related to work safety and security precautions, using the means of prevention and undertaking to take care of what is in their possession
    • Refrain from acting in any way that leads to the non-compliance of the aforementioned instructions or to the misuse the means designed to protect the health and safety of workers or to damage these means.
    • The employer retains the right within those stated in the Penalties Resolution, to take action against a worker that violates the provisions of this article.
  • When is an employer obligated to provide accommodation for their employees?

    Ministerial Resolution No. 44 of 2022 on Occupational Health and Safety and Labor Accommodation obligates establishments that employ 50 or more workers and receive a wage equivalent to 1,500 AED or lower, to provide labor accommodation for their workers and register in the Ministry’s approved systems, and to ensure the accuracy of the relevant data entered, provided that the accommodation complies with the requirements for Labour Accommodations stated under Cabinet Resolution No. (13) of 2009 relating to the Guide on General Standards for Joint Labour Accommodation and Related Services and Ministerial Decree No. 212 of 2014 relating to the Approved Guide on General Standards for Joint Labour Accommodation Intended for Less than 500 workers.

  • When must industrial establishments operating in the construction sector be required to appoint an occupational health and safety officer?

    Every industrial establishment, as well as establishments operating in the construction sector and employing no less than one hundred workers, must appoint an occupational health and safety officer, who shall be qualified for this purpose, and is entrusted with the tasks of preventing various dangers and supervising the implementation of the provisions related to this matter.

Emirates Labour Market Award

The Emiratization (Tawteen) Partners Club

Alternative End-of-Service Benefits System (Savings Scheme)

Collective Labor Dispute

Incentives for Small and Medium Enterprises Members of Youth Entrepreneurship Support Intituations

  • What is the definition of youth enterprise support institutions?

    Institutions, programs, funds, or other legal entities licensed by the competent authorities in the country supporting startup and growth of small and medium-size enterprises managed by citizens.

  • What is the definition of a small enterprise?

    An establishment owned and managed by a UAE national, a member of UAE-approved Youth Entrepreneurship Support Institutions, employing fifteen workers or less.

  • What is the definition of a medium enterprise?

    An establishment owned and managed by a UAE national, a member of UAE-approved Youth Entrepreneurship Support Institutions, the number of employees shall be more than sixteen workers and may not exceed 50 workers

  • Under the provisions of the Resolution, what will be the enterprise's category?

    Small and medium enterprises are classified under category (1).

  • For how long would the enterprise benefit from the classification?

    5 years from the date of first issuance of the license

  • What are the requirements for obtaining the benefits of Youth Entrepreneurship Support Program?

    1. The owner or the partner in the small or medium enterprise shall be a UAE national.
    2. The small or medium enterprise shall be a member of one of the UAE-approved Youth Entrepreneurship Support Institutions.
    3. The small or medium enterprise shall be managed by the owner himself or a national manager.
    4. The owner or the small or medium enterprise shall not be the owner or a partner in any registered establishment bearing any violations.
    5. The owner of the small or medium enterprise shall not be the owner, partner or the service agent of more than 5 small or medium enterprises.
  • What are the steps to become a member of the National Program for Small and Meduim Enterprises?

    1. Access the link to the program's website and obtain membership www.uaesme.ae
    2. Enter the media center - events section and download the subscription request through the following link https://www.uaesme.ae\Media
    3. Fill out the application with signature and send the attachments to the following e-mail: uaesme@economy.ae
  • What are the procedures/steps to obtain the service?

    1. Receipt of the application for membership in Hawafez Program SMEs - via e-mail.
    2. Review the application to ensure that all conditions are met
    3. In the event that the requirements outlined in the Resolution are met, the request will be forwarded via e-mail to the Assistant Undersecretary for Labor Affairs to change the category of the establishment.
    4. A Notification will be sent to the National Program for Small and Medium Enterprises and Enterprises via e-mail of the approval and change of category in order to notify the customer.
    5. If the inspection report is expired (6 months), a new report is requested from the inspection department.
    6. 6. In the event that the requirements outlined in the Resolution are not met, the National Program for Small and Medium Enterprises will be notified via e-mail of the reasons for rejection in order to notify the customer
  • What are the required documents to be submitted to the program?

    1. Application form for participation in Hawafez Program SMEs - members of National Program for Small and Medium Enterprises.
    2. A certificate of membership in one of the SMEs approved in the country
    3. Trade license issued by the Department of Economic Development.
    4. A copy of the EID issued by the Federal Authority for Identity and Citizenship
  • What are the cases in which the classification of small and medium enterprises is canceled and reclassified?

    1. Violation to any of the requirements mentioned in Ministerial Resolution No. (43) of 2022.
    2. If the small or medium enterprise defaults payment of workers due wages in accordance with Ministerial Resolution No. (43) of 2022 referred to.
    3. If the small or medium enterprise assigns its workers to third parties without obtaining a permit from the Ministry, if the enterprise employs workers from other establishments without obtaining a permit from the Ministry, or if it is proven to the Ministry that the relationship between the small or medium-size enterprise and its workers is fictitious.
    4. If the small or medium enterprise is sold or transferred to another person without notifying the Ministry or the Youth Entrepreneurship Support Institutions.
    5. If the Ministry discovers that the small or medium enterprise is not managed by its owner or a UAE national manager.
    6. If the number of workers in the enterprise exceeds 50.

Monitoring the Emiratisation Rate in the Private Sector

Work Injuries And Occupational Diseases

Administrative Suspension of an Establishment File

Licensing and Regulation of Domestic Workers Recruitment Offices

  • Are there any requirements for the temporary employment of domestic workers?

    A number of requirements must be met, including:

    1. Domestic labor recruitment offices must be licensed in accordance with the provisions of the law and it’s implementing regulations.
    2. Domestic workers who are employed on a temporary basis shall reside at the work site specified by the beneficiary unless otherwise agreed upon between the agency and the beneficiary.
    3. Agreement Contracts must be concluded by recruitment offices and beneficiaries according to forms prepared by the Ministry, and copies must be provided to domestic workers according to the Ministry's procedures
  • What is the timeframe for the recruitment agency to refund the employer the amounts specified in the executive regulations if the worker returns to the office or reports to have stopped working?

    No later than two weeks after the worker returns to the domestic labor recruitment office, or two weeks from the date he or she is reported absent from work.

  • Are there any circumstances in which the recruitment agency is required to reimburse the employer for the paid recruitment fees?

    1. If the domestic worker demonstrates incompetence and poor conduct during the probationary period
    2. If the domestic worker terminates the contract or abandons employment for reasons other than those stipulated in Article (10) herein.
    3. If the employer terminates the contract due to non-compliance with the initial agreement or the contract between the employer and the recruitment office.
  • What are the obligations of Domestic Labor Recruitment Agencies towards employers?

    Under the executive regulations, Domestic Labor Recruitment Agencies are required to fulfill the following obligations towards employers:

    1. Enter into a contract with the employer or beneficiary that specifies the obligations related to the recruitment and employment of the domestic worker, in accordance with the Ministry's approved form.
    2. Recruitment of the domestic worker in accordance with the Initial Agreement.
  • What are the responsibilities of Domestic Labor Recruitment Agencies towards the Ministry?

    As specified in the executive regulations, Domestic Labor Recruitment Agencies have the following obligations towards the Ministry:

    1. Be responsible for maintaining the confidentiality of all information acquired through the course of his activities, and refrain from disclosing such information without prior approval from the Ministry.
    2. Maintain compliance with the fee schedule set by the Ministry for domestic workers' recruitment offices in return for the services they provide to the employer or beneficiary, and refrain from collecting any additional fees.
    3. Ensure compliance with government service fees set by the Council of Ministers, and refrain from collecting any additional fees
    4. Provide all services associated with domestic workers, including those outlined in the Ministry's service packages at the Ministry's approved rates.
    5. Ensure that the systems and programs specified by the Ministry are used.
    6. The employment contracts concluded must be in accordance with the Ministry's approved forms.
    7. Maintain records in accordance with the Ministry's requirements.
    8. Establish a database in accordance with the Ministry's models and standards, containing all information about the employers with whom the office has been in contact, their addresses, and the types of domestic workers they have recruited. The database must be maintained for a period of no less than 10 years.
    9. The office may not make its workers available for recruitment by an employer whose file has been suspended in the Ministry's system, except in the case of temporary employment subject to the Ministry’s approval.
  • What are the obligations of Domestic Labor Recruitment Agencies toward Foreign Recruitment Agencies?

    Under the executive regulations, Domestic Labor Recruitment Agencies are required to fulfill the following obligations towards foreign recruitment agencies:

    1. Observe the requirements and controls contained in the Memorandum of Understanding signed between the Ministry and the country in which the agency is located, and provide the Ministry with information on the number and details of domestic workers assigned to the office.
    2. Enter into an initial agreement with recruitment agencies abroad that describes the requirements, specifications, and qualifications for domestic workers as well as the responsibilities and duties of the employer.
    3. Ban dealing with any recruitment agency, office or person, or any unlicensed entity outside the country. The Ministry may, for whatever reasons it deems appropriate, prevent an office from dealing with recruitment agencies or entities outside of the country.
  • Is there a requirement for certain certificates in certain professions?

    It is necessary for domestic workers to obtain an academic certification or an official certificate from a governmental agency in professions that require specialization, such as nursing and driving.

  • What are the obligations of Domestic Labor Recruitment Agencies before bringing the Domestic Worker to the country?

    As outlined in the executive regulations, Domestic Labor Recruitment Agencies are required to comply with the following obligations:

    1. Ensure that the domestic worker undergoes the necessary medical examination.
    2. Ensure that the domestic worker is aware of all the qualifications and experience requirements of the employer.
    3. A certificate of experience must be available in the profession required, such as nursing and driving.
    4. Get the domestic worker to review the job offer that conforms to the employment contract to be concluded between the worker and the employer, and get his / her signature on the document.
    5. Provide the Ministry with a certificate stating that the domestic worker does not have a criminal record and is of good conduct in the cases specified.
    6. Provide evidence that the office operates in coordination with officially accredited agencies in the country where domestic workers are recruited.
    7. Assert that the office is directly responsible for the payment of any commissions associated with the arrival of the worker and the completion of the employment contract, and that this will not be charged to the worker.
  • In the event that the activities of mediation and temporary operation are combined, does each activity require a separate license?

    Yes, a separate license for each activity is required if the activities of mediation and temporary operation are to be combined.

  • Can the activities of mediation and temporary employment of domestic workers be combined?

    The combination of the activities of mediating the recruitment and temporary employment of domestic workers was permitted by the executive regulations.

  • What are the licensing requirements for Domestic Labor Recruitment Agencies?

    The requirements for obtaining a license to operate a Domestic Labor Recruitment business are as follows:

    1. Neither a sole proprietor nor any partner in a legal person may be found guilty of an offense against honour, breach of trust, human trafficking, or one of the crimes defined by the decree law, unless the individual has been rehabilitated, if he has been imprisoned, or after one year has passed if he has been fined.
    2. Legal persons and sole proprietorships are required to provide a bank guarantee of not less than AED 500,000 (five hundred thousand dirhams) during the term of the license, which shall be automatically renewed or replaced by an insurance scheme in accordance with the producers set by the Ministry. Depending on the risk factor, the Ministry may request an increase in the bank guarantee value. If the recruitment agency fails to fulfill its obligations, fails to comply with the instructions and the decision issued thereunder, or fails to pay any fines imposed, the Ministry may allocate a portion of the guarantee or insurance for the purposes of resolving any arrears or payments due to the Ministry, the employer, or domestic worker. The recruitment agency must, in any event, complete the guarantee amount within 30 days of the shortage occurring.
    3. Applicants must submit credit reports reflecting their financial standing, regardless of whether they are individuals, institutions, or partners in legal entities, provided that the credit report is issued by a competent authority.
    4. When combining the activities of mediating labor recruitment with temporary employment of domestic workers, separate licenses must be obtained in accordance with the conditions, requirements, and fees applicable to each activity.
  • What is the definition of a Recruitment Office?

    A licensed office to practice the activity of mediation to recruit workers, in response to employers requests, or by means of temporary employment of workers according to the provisions of Federal Law No. 10 of 2017 concerning domestic workers.

  • What is the activity of recruitment offices (mediation and temporary employment)?

    Mediation for the Recruitment of Domestic Workers

    The activities of employment agencies include mediation to bring the two parties or their representatives together to negotiate the terms of the employment contract with the aim of establishing an employment relationship without the agency becoming a party.

    Temporary Employment of Domestic Workers

    This activity means employing a worker with the intention of placing him at the disposal of a third party (the Beneficiary) to perform tasks and duties subject to the provisions of the law, whereby the performance of work shall be under the supervision and management of the beneficiary.

  • Are there any additional services provided by recruitment agencies?

    Typing Services

    A license issued by the Departments of Economic Development shall include typing services for domestic workers transactions when the activity (typing services) is included in the license, and you will receive a letter confirming the said service.

    • Using the Ministry's electronic system for typing, receiving, and sending applications.
    • Provide domestic workers in accordance with the employer's requirements.
    • Additional services (medical examination, identification card, airport pickup, delivery to employer’s office)
    • Offer customers guidance in regards to the nationalities and professions available for domestic worker recruitment.
    • Provide a pre-interview service for the worker before joining work.
    • Train and prepare the worker for work
    • Provide accommodation for categories of domestic workers
  • To obtain a license for a domestic workers recruitment agency, what conditions must the applicant meet?

    • The Applicant must be 21 years of age
    • Must have full legal capacity
    • Must be of good conduct and character
    • The Applicant therefor may not be an employee of the Ministry in relevant operational sectors or a first or second degree relative of such employee, including husband and wife provided that the legal representative of the legal person submits a written acknowledgment thereof.
  • How do domestic workers recruitment agencies get a license? What are the requirements and documents required?

    • The applicant must provide the Ministry with a bank guarantee with a value not less than AED500,000/- throughout the period of validity of the permit. The bank guarantee must be automatically renewed during the period of validity of the permit.
    • A Credit report of the applicant issued by a competent authority (Al Etihad Credit Bureau)
    • Domestic Workers Recruitment agencies must submit a pledge to provide quality services to customers.
    • Passport copy
    • EID copy
    • Certificate of Good Conduct / Police Clearance Certificate valid for 3 months from the date of issue.
    • Statement of Account (Bank Statement) for the last 6 months.
    • Property Report (real estate) issued by an official authority
    • Fill out the application form of the recruitment agency license

    Site terms and requirements (premises)

    • An office with a clearly defined address for practicing recruitment business
    • A suitable area to include (Reception - Service Delivery counters - Mediation Services and Temporary Employment desks- Labor training office - Labor waiting room - Cashier)
    • Photographs of the site from inside and outside
    • Lease agreement specifying the area of the property, including a No Objection Certificate from the landlord
    • Site Map
  • Before operating a Recruitment Agency, is it necessary to provide accommodation for domestic workers?

    The recruitment agency is required to provide accommodation for domestic workers before operating the office.

  • What are the requirements for opening branches for domestic workers recruitment agency?

    The office may open branches in the same emirate where it is licensed to operate, or in any other emirate in accordance with the following requirements:

    • Adhere to all requirements and conditions of the license and licensee stated in the license requirements and documents.
    • Observe the requirements of local licensing authorities
    • Approval of the Ministry following evaluation and review of the bank guarantee or insurance amount in relation to the size of the recruitment activity, and the amount of a bank guarantee may be determined separately for each branch of the recruitment office.
  • In order for the Ministry to operate its recruitment office, what are the procedures and the necessary period that must be observed by the license holder after the license approval?

    Within three months of the license approval, the licensee must fulfill the following requirements:

    • Complete the commercial license process and notify the Ministry accordingly.
    • Provide the Ministry with a copy of the office/site Lease Agreement.
    • Obtain an establishment card from the Federal Authority for Citizenship and Identity.
    • Obtain an establishment card from the MOHRE
    • Request E-dirham device from Commercial Bank of Dubai
    • Ensure compliance with the specifications of the external board and submit a photograph of it to the Ministry for approval
    • Complete the decoration and technical works in the center within 3 months
    • Issue the electronic bank guarantee, and submit the original copy of the “Letter of Guarantee” to the administration.
    • Appointment of a UAE-national manager
    • Appointing a customer happiness consultant for "citizens"
    • Send a copy of the domestic worker’s accommodation lease contract and register the accommodation in MOHRE labor housing system.
  • What are the obligations of recruitment agencies towards the Ministry?

    • It is mandatory that employment contracts be drafted in accordance with the forms and rates prepared by the Ministry, and if any obligations are omitted from the contract, the office will be liable for the consequences.
    • Maintain absolute confidentiality regarding all data and information obtained during the course of its activities, and refrain from using, publishing, or disclosing it to third parties without the Ministry’s approval.
    • The licensee is required to provide the Ministry with the following data and information:
    • Details of all his employees in the Ministry's system and relevant systems
    • Detailed information regarding all contracts concluded at the center according to the approved models and rates.
    • Maintain a record of all contracts and transactions with customers in the electronic systems approved by the Ministry.
    • Ensure that the Ministry receives details of association contracts with supply offices and a description of recruitment costs based on the nationality and gender of the hired worker.
    • Comply with government service fees determined by the Council of Ministers.
    • No additional charges are to be collected for providing government services to customers.
    • Provide all domestic workers services and packages defined by the Ministry.
    • Workers may not be provided to employers whose files are suspended in the Ministry's system, except for temporary employment approved by the Ministry.
    • Comply with all terms of the Service Level Agreement concluded with the Ministry in order to achieve the highest quality of service.
    • In order for a recruitment office to obtain a license from the Ministry, it must register in the Ministry’s electronic system for recruitment offices and adhere to all the prescribed conditions and procedures.
  • What are the obligations of recruitment offices towards recruitment agencies (outside the country)?

    • Comply with the conditions and controls contained in the Memorandum Of Understanding signed by the Ministry with the sending states, and to inform the Ministry of the work orders assigned to the office.
    • The office may not interacting with any individual, or with any entity, both within and outside the country, for the purposes of conducting the licensed business, unless it is licensed to carry out the work in accordance with the applicable legislations in the sending state or in the UAE.
    • Despite having a legal license to operate, the Ministry may prohibit the office from dealing with a person or entity for any reason it deems appropriate.
  • What are the requirements for renewing the licensing of domestic workers recruitment offices?

    • Annual license renewal shall be completed after the payment of the prescribed fee, provided that all license requirements are met.
    • Application for renewal must be submitted two months prior to the expiry date of the license.
    • Following the review of all renewal requirements, the Ministry shall approve the renewal application.
  • What is the validity period of the license?

    One year.

  • Is there a fee associated with obtaining a new license or renewing a license?

    The license includes two activities for the recruitment of domestic workers (mediation and temporary employment), and the approval includes both activities.

    The fee for a domestic recruitment office licensing is DHs. 75,000, which includes the fees for the following activities:

    • Mediation activity for domestic workers DHs. 25,000
    • Temporary Employment activity DHs. 50,000

    The fee for renewing the license of recruitment offices is DHs. 37,500, which includes the fees for the following activities:

    • Renewal of mediation agencies license is DHs. 12,500
    • Renewal of temporary employment agencies license is DHs.25,000
  • What is the penalty for not renewing the license?

    Submit the application and the required documents through the following e-mail (domestic.workers@mohre.gov.ae).

  • What is the penalty for not renewing the license?

    An office whose license has expired and has not been renewed within 30 days or more is considered to be practicing the activity without a license, and fines prescribed by law will apply.

  • What are the circumstances in which the Ministry may suspend or revoke the licensing of the recruitment office?

    The Minister may revoke the license of an office or temporarily suspend it, in any of the following cases:

    • Failure to meet any of the conditions upon which his license is issued, including submitted pledges and statements or if the Office fails to adhere to the new decisions issued by the Ministry.
    • If any of the documents or data submitted for licensing purposes are found to be false.
    • If the Office violates the provisions of this Resolution, the regulations and instructions pertaining thereto, or related legislation applicable in the Ministry.
    • If the Office commits any act involving some form of forced labor or human trafficking.
  • What are the obligations of the licensee towards the Ministry when the license is cancelled?

    • Notify the Ministry at least 90 days before the cancellation date
    • The licensee must pledge to fulfill all obligations arising from the license, provided that the description of the pledge expresses that the Ministry reserves the right to deduct the amount of the bank guarantee in the event of non-payment of the licensee's obligations from the bank guarantee without the licensee objecting to this action.
    • A statement explaining how the licensee will settle his obligations and rights after the cancellation of the license.
    • A statement indicating the number of contracts concluded and visas granted, however the required manpower was not recruited.
    • A statement indicating the number of employees and the office's obligations towards them in the wake of the cancellation.
    • Any documents required by the Ministry.

The Violations and Administrative Penalties related to UAE Cadres Competitiveness Council Initiatives and Programs

Vocational Guidance Department

  • What are the provided vocational guidance services?

    Vocational guidance services are provided to national human resources to enable them to work for the private sector by providing individual and group guidance services for job seekers and school and university students to qualify them for the private sector requirements, including efficiencies, skills and use of a variety of guidance tools to enlighten job seekers on their self-abilities and professional preferences to make the best choice of appropriate professions in the labor market.

  • Who is the target of guidance services?

    National job seekers/school and university/educational institutions students.

  • How can I, a job seeker, apply for vocational guidance services?

    Individual guidance and orientation services are provided to job seekers at Customer Happiness Centers (Tawteen) once they are registered in the Tawteen Gate. This service is automatically rendered to all job seekers.

    Job seekers can contact professional guides at Customer Happiness Centers (Tawteen) if they need professional consultancies related to the labor market and how to overcome challenges to get the appropriate job.

    Vocational guidance service is mandatorily provided to certain segments of job seekers if the job seeker is in the fourth category of the database.  

  • What is the fourth category of the database and who are in it?

    It is a category in the Tawteen database, including the job seekers who shall receive vocational guidance services mandatorily and are moved to it for many reasons: refusing 3 appropriate job opportunities / refusing appropriate employment offer / non-attendance of training programs / non-attendance in employment days.

  • What is the objective of individual guidance for the fourth category job seekers?

    These are individual guidance sessions that are provided at Customer Happiness Centers in several emirates and appointed with the professional guide to raise his awareness and guide him on the challenges countering the picking of a job opportunity in the private sector. When the guidance program is done, the job seeker is ready for work and nomination for jobs.

  • Is a job seeker nominated for jobs when they are classified in the fourth category of the database?

    Nomination for jobs is only made after completing the guidance program designed by the professional guide in charge.

  • How can educational institutions (universities – schools) use the vocational guidance services?

    Educational institutions (schools and universities) can contact MOHRE Vocational Guidance Department for cooperation in group guidance workshops for the students of these institutions to enlighten them on the private sector's requirements, including skills and crafts and help them explore their preferences, abilities and skills that qualify them to choose the specialties fit to them.

Wage Protection System (WPS) for Domestic Workers

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