Navigating the vibrant work landscape of the UAE means understanding your rights and responsibilities as an employee. Things move fast here, and staying informed is key! The cornerstone of employment relations in the private sector is Federal Decree Law No. 33 of 2021, often called the "New Labour Law" . This law, effective since February 2022, shapes the work environment for most private sector employees, whether UAE nationals or expatriates . There are a few exceptions, like government workers and domestic staff . This guide breaks down the essentials: your core rights, standard working hours, how overtime pay works, and other crucial entitlements under this law . Fundamental Employee Rights Under UAE Law
The UAE Labour Law places a strong emphasis on fairness and respect in the workplace . A core principle is non-discrimination; employers cannot treat you unfairly based on race, colour, sex, religion, national or social origin, or disability . This extends to pay – the law mandates equal pay for women performing the same work or work of equal value as men . You also have the right to work free from coercion; forced labour is strictly prohibited . The law offers robust protection against workplace harassment, including sexual harassment, bullying, or any form of violence from anyone at work . Your employer must pay your wages on time, as agreed in your contract, usually in UAE Dirhams unless you've agreed otherwise . Deductions from your salary are tightly controlled and generally need your written okay . Beyond pay, you're entitled to a safe work environment, various types of leave (like annual, sick, maternity, and parental leave), and compensation if you suffer a work-related injury . Importantly, you have the right to report any issues or violations confidentially to the Ministry of Human Resources and Emiratisation (MoHRE) . Standard Working Hours & Mandatory Breaks
Understanding your work schedule is crucial. The standard maximum working hours are capped at 8 hours per day or 48 hours per week . You cannot be asked to work for more than five consecutive hours without a break . These breaks must add up to at least one hour in total per day and are generally unpaid . What about your commute? Usually, the time spent travelling between home and work doesn't count as working hours, though some exceptions might apply based on specific regulations . During the holy month of Ramadan, working hours are reduced by two hours daily for all employees observing the fast . It's also worth noting that certain sectors, like hotels, cafes, or retail, might have arrangements allowing up to 9 hours of work per day before overtime rules kick in, as permitted by regulations . Always check your contract for your specific hours . Understanding Overtime: Rules & Calculation
Sometimes, work demands more than the standard hours. Any time worked beyond your normal 8 hours a day or 48 hours a week is considered overtime . While employers can ask you to work overtime, there are limits. Generally, you shouldn't work more than two extra hours per day . Furthermore, your total working time, including any overtime, cannot exceed 144 hours over a three-week period . Here’s the really important part: overtime pay is calculated based only on your basic salary, not your total package including allowances . How much extra do you get? For overtime worked during normal daytime hours: You receive your basic hourly wage plus an extra 25% premium for those hours . For overtime worked at night (between 10 PM and 4 AM): The premium increases to 50% of your basic hourly wage . However, this higher night rate doesn't apply if you work in shifts . To figure out your hourly basic wage, you typically divide your monthly basic salary by 30 days, then divide that daily figure by 8 hours . Keep in mind that certain senior management or supervisory roles might be exempt from these overtime rules . Your Right to a Weekly Rest Day
Everyone needs a break! The law guarantees you at least one paid weekly rest day . The specific day isn't mandated as Friday anymore under the new law; it will be specified in your employment contract or company regulations . What if you're asked to work on your designated rest day? Your employer must either give you another day off in compensation or pay you your basic salary for the hours worked plus an additional 50% premium . You generally cannot be required to work more than two consecutive rest days, unless you are a daily wage worker . End of Service Gratuity Explained
When your time with an employer comes to an end, you might be entitled to an End of Service Benefit, commonly known as gratuity . This is a payment mandated by law for foreign workers in the private sector, recognizing their service . To be eligible, you need to have completed at least one full year of continuous service with the employer . Any periods of unpaid leave don't count towards this service calculation . The gratuity amount hinges entirely on your last basic salary before leaving – allowances for housing, transport, etc., are not included . The calculation works in tiers based on your service length : For your first five years: You get 21 days' basic salary for each year.
For every year after the fifth year: You get 30 days' basic salary for each year.
If you've worked part of a year after completing your first full year, gratuity is calculated proportionally for that fraction . There's a cap, though: the total gratuity cannot exceed the equivalent of two years' total wages . A major positive change in the New Labour Law is that you no longer lose your gratuity if you are dismissed under Article 44 (for serious misconduct) or if you resign . As long as you've completed one year, you're entitled to the full calculated amount . Your employer must pay all your final dues, including gratuity, within 14 days of your employment ending . Some employers might offer alternative savings or investment schemes instead of traditional gratuity . Navigating Employment Changes: Probation, Resignation & Termination
Employment relationships can change. The law sets clear rules for probation periods, resignations, and terminations . Employers can set a probation period of up to six months when you start a new job . During this time, if the employer decides to terminate your employment, they must give you at least 14 days' written notice . If you decide to resign during probation to join another company within the UAE, you need to give 30 days' written notice . If you resign during probation to leave the UAE entirely, 14 days' written notice is required . Once you're past probation, if you choose to resign, you must provide written notice as stated in your contract. This notice period must be between 30 and 90 days . You're expected to work and will be paid during this notice period . If you don't serve the notice, you might owe compensation to your employer . Employers can also terminate employment after probation, but they need a 'legitimate reason' (like redundancy or poor performance after warnings) and must provide the same written notice period specified in the contract (30-90 days) . During this notice period, you continue to work and get paid, and you're entitled to one unpaid day off per week to look for another job (with prior notification) . If the employer doesn't give proper notice, they owe you compensation . Firing someone unfairly, perhaps for filing a complaint, is considered arbitrary dismissal and could lead to extra compensation (up to 3 months' wages) awarded by the court . In very serious cases, termination can happen without notice. Article 44 lists grounds for employer dismissal without notice (summary dismissal), such as submitting fake documents, causing major financial loss, serious safety violations, assault, revealing company secrets, or long unexplained absences . An investigation is usually required . Importantly, even with Article 44 dismissal, you still receive your gratuity . Similarly, Article 45 allows an employee to leave without notice under specific circumstances, like the employer breaching the contract after MoHRE notification, assault by the employer, or grave workplace danger . Key Takeaways & Knowing Your Rights
So, what are the essentials to remember? Your employment contract is king – read it carefully to understand your role, salary breakdown (basic vs. total), working hours, and notice period . Always distinguish between your basic salary and total pay, as basic salary is used for calculating overtime and gratuity . Know your notice period obligations, whether resigning or being terminated . Understand how overtime is calculated and when it applies . Be aware of your gratuity entitlement after one year of service . The New Labour Law has shifted towards fixed-term contracts for everyone and strengthened protections against discrimination and harassment . If you face issues or need clarification, the Ministry of Human Resources and Emiratisation (MoHRE) is the authority to approach . Take the time to review your contract and stay updated on your rights and duties – it empowers you in your professional journey in the UAE .