Dubai, being a business hub, has been making significant amendments to its labour law to provide a better working environment for the workers. As the city has 200 different nationalities and is preferred by foreigners to migrate, the law forbids discrimination providing a peaceful and friendly environment for everyone. The new article 121 UAE labour law is a tiny treat for labours working in the emirate.
The new labour law, which came into effect on February 02, 2022, is a struggle by UAE government bodies to provide employers with a safe place to work with nationals and foreigners enjoying equal rights. Furthermore, every employer is bound to follow the rules as the law is strict in the UAE, and violation can lead to heavy penalties or imprisonment.
In this article, we will discuss the new labour laws and how it provides flexibility and combat discrimination providing a safe environment for all.
Termination And Notice Period In The Light Of Article 121 Uae Labour Law
As both parties (employee and employer) agree upon the decision of the notice period, the employer cannot terminate the notice period. He either has to fulfil the required time or pay the compensation payment. However, the situation can be reversed if the employer terminates the notice period with a written statement.
Furthermore, if the employer violates the laws mentioned in article no 121 of the new labour law or if the employer assaults the workers, they can quit without completing the notice period. Below are some important points of the new labour law discussed in detail.
1. Length Of The Notice Period
According to article 121, the length of the notice period is fixed to 30 days. However, both workers and employers can increase the duration by mutual cooperation but cannot decrease the serving period.
2. Consequences Of Not Completing The Decided Notice Period?
According to law, if the employer fails to serve the required notice period or cancels the contract without notice, he will be forbidden to work in the UAE for a year. The employer has to submit the claim officially to the Ministry of Human Resources and Emiratisation. If the employee does not accept the allegation, he can submit an appeal in court.
3. Departing Without Notice Period
The works can depart without a notice period if only the employer does not honour the contract or in case of facing assault by the employer or any representative of the company.
4. Forced Labour
After the notice period, the employer cannot force the employee to work. The worker is free to go after completing the notice period, and the employer must clear the pending dues if any.
5. Condition For Temporary Suspension
Unlike previous law, the new labour law allows temporary suspension of the employee on several conditions:
In case of a disciplinary investigation, the employer can suspend the employee for thirty days by paying half of their salary. However, if the employee is not found guilty by the judicial authority, he must get back to work, and the pending wages must be cleared.
Employment Contract According To The New Labour Law
The new labour law terminates the unlimited working contract, and employees can be hired with a 3-year contract only. The employers are given a one-year duration to change contracts and by adding new conditions.
Furthermore, employers can now offer a part-time paid job to children aged 15 years. However, they need to follow the procedure. They must get signed permission from parents and a health fitness certificate. The job must not be dangerous and does not cross the deadline of 7 pm. In case of a violation from the employer’s side, employees can challenge the employer in court by hiring a lawyer from a well-reputed law firm like Davidson and co for consultation and procedure.
Leave Types Added In New Labour Law.
Apart from hiring and termination contracts, the new labour law has given relief by adding new leaves.
1. Compassionate Leave
Employers will get a compassionate leave of five days in case of the death of a spouse and a three-day leave for the death of parents, children, siblings, grandparents, or grandchild.
2. Parental Leave
Employees can avail of five days of parental leave in the first six months of childbirth either intermittently or consecutively.
3. Study Leave
Students can get 10 days’ leave in case of examination, provided they have been working with the company for two years.
4. Maternity Leave
According to the previous labour law, the mother used to receive 45 days’ leave. However, as per the new labour law, the leaves have been extended to 60 days with 45 days’ full pay leaves and 15 days with half pay.
The Bottom Line
The amendments in the UAE labour law are an effort to make the UAE employment market attractive for foreigners and invite talent from around the world.