Federal Law No 33 of 2021 Labor Law

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Gigi! doayi) CLigs | G&S UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Federal Decree-Law No. (33) £2021 On the Regulation of Labor Relations ‘We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates, = After perusal of the Constitution; = Federal Law No. (1) of 1972 on the Mandates of Minisries and Authorities of Ministers, as amended; ~ Federal Law No. (6) of 1973 on Entry and Residence of Foreigners, as amended = Federal Law No, (8) of 1980 on the Regulation of Labor Relations, as amended; ~ Federal Law No. (3) of 1987 Promulgating Penal Code, as amended; = Federal Law No. (10) of 1992 Promulgating Law of Evidence in Civil Transections, as amended; = Federal Law No. (11) of 1992 on Civil Procedures, as amended; + Federal Law No. (35) of 1992 Promulgating Penal Procedures Code, as amended; + Federal Law No. (7) of 1999 concerning Pension and Secial Security, as amended; = Federal Law No. (29) of 2006 concerning the Rights of People with Special Needs, as amended; = Federal Decree-Law No. (2) of 2015 on Combating Discrimination and Hatred, as amended ~ Federal Law No. (13) of 2016 on Judicial Fees in Federal Cours Federal Law No, (14) of 2016 on Violations and Administrative Sanctions in the Federal. Government; + Federal Law No. (13) of 2020 on Public Health; Feat tat eerie etre ata Cah ae errae aire aa pentenstae eee ee ‘Akin STolsa7a7ee006s | Mob: 187188 089.6260 | Emit nlosioinguniquetartation.com ‘eat EYERTDAY ue Ow UNIQUE LEGAL TRANSLATION | “i In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates + Based on what have been presented by the Miniser of Human Resources & [Emiratization, and the approval of the Cabinet, Promulgated the following Federal Decree-Law: ARTICLE (1) DEFINITIONS: In application of the provisions of this Decree-Law, the following words and expressions shall have the meanings aseribed to each of them, unless the context otherwise requires: UAE + The United Arab Emirats Ministry + The Ministry of Human Resources & Emiratization. Minister + The Minister of Human Resources & Emiratization Private Sector + Companies fms, establishments or any other entities ‘owned by individuals, in whole or in conjunction with Federal or Local Government, and companies and firms wholly owned by the Federal or Local Government, unless their constituting acts prescribe that they shall be governed by the provisions of another law. Establishment + Any economic, technical, industrial or commercial ‘unit or other category approved in the UAE, where ‘Workers are employed, the objectives of which are to produce or market commodities or to provide services and which is licensed by ipetent authorities. Faia gp te ay amar GyigiUGl Boas Lio, | UNIQUE LEGAL TRANSLATION Isv In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Employer + Any natural or juridical person who employs one of ‘more Workers in consideration of Wage. Worker + Any natural person whois authorized by the Ministry to work for an Establishment licensed in the UAE, ‘under the supervision and control of the Employer. Juvenile + Any person who has attained 15 years of age but has ‘ot atained the age of 18 Work, Any human effort, be it intellectual, technical or physical, performed pursuant to the various Work ‘models, Work Permit ‘A document issued by the Ministry, whereby the natural person is authorized to work for a licensed Establishment. ‘Any Agreement entered into between an Employer ‘and a Worker under which the latter undertakes to ‘work in the service of the Employer and under his ‘management or control, against a Wage payable to him by the Employer, in accordance with the contract templates specified by the Executive Regulations of this Decree-Law. Employment Contract Probationary ‘The period required by the Employer, which enables the Employer to monitor the performance of the ‘Worker and enables the Worker to familiarize himself with his job functions and work environment, and based on which the Employment Contract is >) BS ba UNIQUE LEGAL TRANSLATION | @& Py igi doayil Liq In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates continued or terminated pursuant to the provisions hereof. Notice Period + The Notice Period specified in the Employment Contract, which must be observed by the parties tothe contract in case either of them intends to terminate the Employment Contract. Basic Wage + The wage stipulated in the Employment Contract and given to the Worker in return for his Work under the Employment Contract, whether on monthly, weekly, daily, hourly or piecemeal basis. The Wage shall exclude any other allowances or benefits in kind. Wage ‘The Basic Wage plus allowances, whether in cash or in kind, prescribed for the Worker under the Employment Contract ot this Decree-Law. These may include: any benefits in kind provided by the Employer to the Worker or their equivalent in cash, if they are prescribed as part of the Wage in the Employment Contractor the Establishment bylaws, or allowances given to the Worker in return for any effort exerted, or hazards encountered in the course of performance of his Work, or for any other reasons, or cost of living allowance, a percentage of sales or a percentage of profits paid in return for anything ‘marketed, produced or callected by the Worker. 6 official working day specified by decisions Working Day Decree-Law. v GrigilGl gayi ELigs obi UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Workplace +: The Workplace which is agreed upon in the Employment Contract, or where the Worker performs the agreed duties and services for the Employer. Continuous Service + An uninterrupted servies with the same Employer or his legal successor, frorn the service commencement date Daily Worker Any Worker who receives a daily Wage. Work Injury Any of the occupational diseases listed in the schedule issued by Cabinet’s resolution, or any other injury during the performance of Work or as a result thereof. A Work Injury shall include any accident ‘occurring to the Worker on his way 10 ot back from his work, provided that the ip to or from the ‘Workplace is made directly, without delay, default or diversion from the normal route. Medical Institution ‘Any federal or local governmental entity concemed ith health affairs, or eny private health institution licensed for the provisioa of healthcare services in the UAE. Family ‘The spouse and sons and daughters. Individual Labor Disputes: Any difference arising between the Employer and one Worker, in relation to this Decree-Law and its ‘Regulations ard implementing decisions. =a Tee C244 otsvama7eaooes | Monsen Eat Freon" GrigilO)l doasiU CLigs | Gy iG UNIQUE LEGAL TRANSLATION tas In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Collective Labor Disputes: Any difference arising between the Employer and his Workers and concernisg a common interest of all ‘Workers, or group of them. ARTICLE @2) OBJECTIVES ‘This Decree-Law aims to: 1, Ensure the efficiency of the labor market in the UAE, which contributes to the attraction and retention of the best future talents and skills, provides an attractive business environment for Employers, and helps both parties to participate in pursuing the UAE's national development goals. 2. Regulate the labor relations and determine the respective rights and obligations of the parties to this legal relationship ina balanced way. 3. Enhance flexibility and sustainability of the UAE's labor market by ensuring the protection of the parties to, development of, and exceptional circumstances ‘encountered by, the work relationship that would have an impact thereon, 4. support and rehabilitate capacities and skills of Workers in the Private Sector, in such a way as to promote manpower's efficiency and productivity in the UAE's labor market. 5. Provide protection for both parties to the work relationship, and enable them to obiain their rights within this Decree-Law. totsten3eaeoss | Mao s9n UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE @) SCOPE OF APPLICATION 1. The provisions ofthis Decree-Law shal apply to all Establishments, Employers and Workers in the Private Sector in the UAE. 2. The provisions ofthis Decree-Law shal not apply to: 8. employees of federal and local government entities, b. members ofthe armed forces, police and security. domestic workers. 3. The Cabinet may, upon proposal of the Minister, exempt any category from all oF 18 ofthis Decree-Law, and specify the legisiation applicable thereto. ARTICLE (4) Equality; Non-Diserimination 1. It shall be prohibited to discriminate against persons on the ground of race, color, sex religion, national origin, ethnic origin or disability, in such a way as to weaken equal opportunities or impair equal access to, or con.inuation of, or enjoyment of rights associated with, emptoyment. An Employer shal not discriminate in respect cof Works involving the same job duties. 2. Rules and procedures that would enhance the contribution of UAE citizens in the labor market shall not be regarded as discrimination. 3. Without prejudice to the rights prescribed for female Workers under this Decree- Law, female Workers shall be subject to all provis ‘Workers without any discrimination, aie so ia mal eee ee eee eer eee Cl Ca a | Essie | ee Agioilill dosti clio, | @ IB IG/ UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 4. Women shall receive the sume Wage as men for the same Work, or for a Work of equal value. Procedures, conirols and standards for assessment of Work of equal ‘value shall be established by decision of the Cabinet, upon the proposal of the Minister ARTICLE (6) EMPLOYMENT OF JUVENILES 4, Itshall be prohibited to employ any person who has nc attained the age of 15. A Juvenile’s employment is conditional upon the following: ‘8. Avwritten consent from the Juvenile’s parent or guardian, 'b. A cenificate of medical fitness for the required Work issued by the Medical Institution, The actual hours of work shall not exceed (6) six hows a day and shall be intercepted by one or more breaks, which shall amount in aggregate to one hour. Such break(s) shall be arranged such that no Juvenile shall work for ‘more than (4) four consecutive hours. 4. AJJuvenile may not be asked to work from 7 PM lo 7 AM. A Juvenile shall not be employed on any hazardous or hard Work or on any ‘Works that are by nature detrimental to healt, safety or morals. Such Works shall be specified by decision of the Minister a tion with the concerned entities. ea eee ee eee Cah Frat alent rons toa GrigiLAtl doayi CLs LS UNIQUE LEGAL TRANSLATION & In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates £ A Juvenile shall not be asked to work overtime, and shall not be kept at Workplace afier the working hours or employed on rest days or official holidays, ‘The Executive Regulations of this Decree-Law shall determine the Juvenile ‘employment regulations and procedures to be observed by Employers, the Works prohibited to Juveniles and controls for exemption of entities aiming to provide a professional training to Juveniles, including chatty, education and raining institutions, from certain provisions of this Article ARTICLE (6) RECRUITMENT AND EMPLOYMENT OF WORKERS 1. No Work may be performed in the UAE, and no Worker may be recruited or employed by any Employer without obtaining the Work Permit from the Ministry, jin accordance with the provisions of this Decree-Law and its Exect Regulations, 2. The Executive Regulations of this Decree-Law shall determine the conditions, controls, types of Work Permits and the procedures for the grant, renewal and ‘cancellation thereof, 3, It shall be prohibited to practice recruitment activity or mediate in recruiting or employing Workers without license by the Ministy, in accordance with the conditions and procedures specified by the Executive Regulations of this Decree- Law. 4. An Employer shall not charge the Worker or collect f recruitment and employment costs, Reo nanan | iecmenee | cement ai In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan President of the United Arab Emirates 5S. ‘The Minister shall, after coordination with the concemed entities in the UAE, issue the decisions regulating Works in respect of which it is prohibited to recruit and employ Workers, and the requirements thereof. ARTICLE (7) MODELS OF WORK 1, The models of Work contracted for shall be as follows: ‘4. Full-time: working for one Employer forthe fll hours of work throughout the Working Days. Part 1e Work: working for one or more Employers fora specific number of hours or Working Days. c. ‘Temporary Work: a work which is carried out within a specitic period of time, ‘or which involves a specific task and ends with is completion 4d. Flexible Work: a work which involves a changing working hours or Working Days, depending on the workflow and economiz and operational changes of the Employer. The Worker may work for an Employer at flexible working hours, depending on the cizcumslances and requitemenis of Work. e. Any other models specified by the Executive Regulations ofthis Decree-Law. 2. The Executive Regulations shall specify the conditions and requitements of models ‘of Work, and the obligations of both Workers and Emrloye raat dy teannedoy into aioe Thoty ate ta carctaes of Tha sao aeesars Tol:samazeaaoes | hon 9) 16260. | Emax hfeatn@urige-tonlaten corm cai AERDAY GrigilOIl dorsi CLigs | Gy RH UNIQUE LEGAL TRANSLATION & In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE @) EMPLOYMENT CONTRACT 1. The Employer shall enter into an Employment Contract with the Worker, according to the agreed model of Work. the Employment Contrect shall be made in duplicate, ‘on copy to be given to the Employer and the other 0 the Worker, in accordance withthe templates specified by the Executive Regulations ofthis Decree-Law, 2. The Worker, or his representative, may prove the Employment Contract, the Wage and any other rights he is entitled to under the provisiens of this Decree-Law and its Executive Regulations and implementing resolutions by any means of proof. 3. The Employment Contract shall be concluded for a definite period of time, which does not exceed (3) three years. The Employment Contract may be extended ot renewed once or more than onee, for an equal ora shoxter term. In the case of extension or renewal of the Contract, the inital term or the renewed term shall be an extension to the intial term and shall be added thereto when calculating the period of Continuaus Service. 5. Where the parties continue to perform the Contract after the expiration of its inital term or the completion of the agreed Work without explicit agreement, the inital Contract shall be deemed to have been extended on the same conditions by ‘implication. 6. Subject to paragraph (3) above, the Executive Regulations ofthis Decree-Law shall etermine the templates of Employment Contract according t0 the approved skill levels, and the provisions of change of contract from a model to another, and the registration thereof inthe Ministry. Grig i GUI GoayiU CLigs UNIQUE LEGAL TRANSLATION @B In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE () PROBATIONARY PERIOD 1. The Employer may employ the Worker on probation ‘ora period not exceeding (6) six months from the service commencement date. The Employer may terminate the ‘Worker during such period by giving the Worker (14) fourteen days" prior written notice, 2. A Worker may not be placed more than once on probation with the same Employ ‘Where a Worker successfully completes the Probationary Period and continues in employment, the Employment Contract shall become effective according 10 its ‘terms, and the suid period shall be calculated as pat of his period of service. ‘A Worker who wants to move on to another Employer in the UAE during the Probationary Period shall notify his current Employer in writing at least (1) one ‘month before the date on which he intends to termiaate the Contract, and unless agreed otherwise the new Employer shall compensate the first Employer for recruitment or contract costs. 4. A foreign Wotker wishing to terminate the Employment Contract during. the Probationary Period inorder to lave the UAE shall tty his Employer in writing atleast (14) fourien days prio to date determined for termination of the Contract. the Worker wants to retum tothe UAE and obtain «new Work Permit within (3) three months from the date of his departure, the ew Employer shall pay the compensation stipulated in paragraph (3) above, ulsss agreed otherwise by the ‘Worker and the original Employes. 'S. I either party terminates the Employment Contract without complying with the provisions of this Article, he shall pay the other a compensation equal.to the ‘Worker's Wage due forthe Notice Period, or the remainder therecl /% ono" ‘eseneniaurenzena Tess’ I” nase so bo 2 Retin Naistendiecaoss | Moatemescagsste | tmatbtaalainsunete-ronsisoncom oma Grigil Gl Goayi ELiq: | @ Ea UNIQUE LEGAL TRANSLATION @ as Iv In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 6. A foreign Worker who leaves the UAE without complying with the provisions of this Anticle shall not be granted a Work Permit to work in the UAE fora period of (1) one year from the date of his departure 7. The Ministry may exempt certain job categories, skill levels, or manpower from the snon-grant of Work Permit stipalaied in paragraph (4) and (6) above, in accordance with the controls and procedures set by the Executive Regulations of this Decree- Law. ARTICLE (10) NON-COMPETE CLAUSE 1. Where the Worker performs a Work which gives him access to Employer's customers or business secrets, the Employer may make a provision in the Employment Contract that the Worker shall not compete with, or be engaged in any business which competes with him in the same Sector afler the expiry of the Contract. Such clause shall specify the place, time and type of Work to the extent necessary {0 protect the legitimate business interess, and the non-competiion period shall not exceed (2) two years aftr the expiration of the Contract. 2 This clause shall be void in the case of tenmination of the Employment Contract by ‘the Employer in violation of the provisions hereof. 3. Anaction filed by an Employer for Worker’s breach of the provisions ofthis Arte shall not be heard after the lapse of (1) one year ‘tom the date on which the Violation is discovered. 4. The Executive Regulations shall prescribe the provisions regulating this Article, the skill levels or positions that may be exempted from the provision of paragraph (1) above, in accordance with the conditions and controls st by the Regul Ho(94 DECREELAW cw aLCULATON OF A808 LATO a Ey |" or receeaaer costae ign u In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (11) ENTRUSTING CERTAIN EMPLOYER'S. WORKS TO ANOTHER PARTY If an Employer entrusts another Employer with the performance of any of his basic ‘works, or any part thereof, the latter shall be solely liable forall entitlements of Workers engaged in such entrusted work in accordance with the pravisions of this Decree-Law, unless agreed otherwise by the partes ARTICLE (12) ASSIGNMENT OF ANOTHER WORK TO THE WORKER 1. A Worker may not be assigned another Work which is substantially different from the Work agreed upon in the Employment Contract, unless such an assignment is necessary or aims 10 avoid an accident or rectify the consequences thereof, provided thatthe assignment is temporary as specified by the Executive Regulations of this Decree-Law. 2. An Employer may, in cases other than those stated in paragraph (1) above, entrust the Worker with a Work that is not agreed upon in the Employment Contract, with the writen consent of the Worker. 3. Where the Worker is required to perform a Work that is not agreed upon in the Employment Contract, or 10 change his place of residence, all resulting costs, including the relocation and accommodation costs, shall be borne by the Employer. EDEN. DECAF LAW O81 ReCULATON OF 808 A Le oS ve Sonia etgener mememecumena es C2] GigiLUI Goajyi CLigs © UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (13) OBLIGATIONS OF EMPLOYER ‘The Employer shall: L Maintain Worker files and records pursuant to the conditions, controls and procedures issued by decision of the Ministry, provided that such files and records are kept for a period of not less than (2) two years following the date of end of setvice of the Worker. Not seize the official documents of the Worker, o force him to leave the UAE after the end of the work relationship. ut in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant (0 the controls set by the Executive Regulations of this Decree-Law. Provide an appropriate accommodation licensed by the competent entities for the Worker in accordance with the rules, conditions and slandards applicable in the UAE, or pay him a housing allowance in cash or include the same in the Wage. Invest in developing skills of his Workers, and proce the minimum training and ‘empowerment tools and programmes according to the provisions of this Decree- Law and its Executive Regulations. Provide the necessary means of protection for Workers to protect them from the risks of Work Injuries and occupational diseases that can occur at work, ensure the provision of advice and guidance regulations, provide the appropriate training for ‘Workers to avoid such risks, and undertake a periodic assessment to ensure that all parties 1 the Work observe the security and safety requirements, in accordance with the provisions of this Decree-Law and its Executive Regulatigns-aad the relevant legislation in force. Arig iI doayiU CLig UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nabyan President of the United Arab Emirates 10, nL. 2. Fe 14, pst tio ae Soe ee eee reel Cae Take whatever necessary to ensure that the Worker is aware of his rights and obligations at Work, using the means and methods appropriate to the nature of work and Workers. Bear healthcare costs in accordance withthe legislation in force in the UAE. Bear the cost o in force. surances, contributions and securities specified by the legislation Not allow the Worker to be employed by others ualess in compliance with the provisions of this Decree-Law, Provide the Worker, upon the latter's request at the expiry of the Employment Coniract, with a free of charge end of service certificate, which shall specify the service commencement and end dates, the total period of service, the position or the nature of work performed, the last Wage, and cause of end of the Employment Contact, provided that the certificate does not include anything which might harm the reputation of the Worker or reduce his opportunites of finding a jb. Bear the cost of the worker's repatriation to his point of hire or to any other point that was mutually agreed upon, unless the Worker joins another Employer, or the ‘Employment Contract is terminated for reasons due tthe Worker; in which case, the costs shall be borne by the latter. Provide a safe and appropriate working environment. Any other obligations prescribed by the provisions of this Decree-Law and iss Executive Regulations or by decisions ofthe Cabinet or any other Ieusation in force in the UAE. In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan Presi ant of the United Arab Emirates ARTICLE (14) FORCED LABOR PROHIBITED; OTHER PROHIBITIONS ‘An Employer may not use any means susceptible of obliging or forcing the Worker, or threatening him with any penalty, to work for him, or forcing him to do a work or eliver a service against his will 1 shall be prohibited \o exercise sexual harassment, bullying or any verbal, physical ‘or mental violence against the Worker by his Employer, manager or co-workers, ARTICLE (5) ENTITLEMENTS OF WORKER UPON DEATH In the event of the Worker's death, the Employer shall pay the Worker's Family any ‘Wages or entitlements due to the Worker in addition othe severance pay due to the Worker according to the provisions of this Deaee-Law and its Executive Regulations, within a period not exceeding (10) ten days from the date of death or the date on which the Employer becomes aware ofthe Worker's death. ‘Subject to the provision of paragraph (1) above, the Worker shall designate in ‘writing someone from his Family to receive his entitlements in the event of death. ‘The Employer shall bear all costs for processing and transporting the remains of the demised Worker to his home country or place of residence, if his Family requests ‘The Ministry shall, in coordination with the concemed entities, put in place a GrigiLGI doayil ELigs re UNIQUE LEGAL TRANSLATION HAs In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (16) OBLIGATIONS OF WORKER ‘The Worker shall: 1. Perform the Work himself under the supervision and control of the Employer, or his representative, and as specified in the contract, and not assign the Work to any other Worker or person, 2. Display good behavior and conduct and observe professional honesty and integrity. 3. Maintain the means of production and working tools in his possession, and maintain the same by taking the necessary actions fo store them atthe appropriate places. 4. Keep confidential all information and data acquired by him in the course of his ‘employment, and not divulge business secrets, and return anything in his possession to his Employer atthe end of service. ‘5. Not keep in his personal capacity any hard or soft papers or documents in relation to the business secrets without permission of the Employer, or his representative. 6. Implement safety and occupational health instructions set by the Establishment in accordance with the legislation in force or the Work regulations and instructions. 7. Work during the approved Working Days and working hours specified in the Employment Contraci, and communicate and respond effectively to complete the ‘Works assigned to him efficiently. 8 Work diligently and constantly t0 develop his professiopal_and job skills, and Improve his performance to the Employer. Pe eee FEOFEAL DECHEELAM ON IE REGULATION OF A808 LATIONS Se eee Pe CrigilSl doayil) Liq: ttc! UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan President of the United Arab Emirates 9, Not work for others in violation of the provisions of this Decree-Law and other relevant legislation in force. 10. Evacuate the accommodation provided to him by the Employer, within a petiod not exceeding (30) thirty days from the end of his service. However, the Worker may say in the accommodation after the expiration of such period, ifthe Employer agrees thereto, provided that the Worker bears the cost of accommodation, or 8 ‘may be agreed upon in waiting with the Employer. 11, Any other obligations set by the provisions of this Decree-Law and its Executive [Regulations or any other legislation in force in the UAE. ARTICLE (17) WORKING HOURS 1. The maximum ordinary working hours shall be (8) cight working hours a day oF (48) forty-eight working hours a week. 2. The Cabinet may, upon proposal of the Minister and in coordination with the concerned entities, increase or decrease the daily working hours for certain {economic sectors or certain categories of Workers, in addition to the working times, breaks and hours when work is prohibited for certain categories of workers, according to the manpower classification set by the Executive Regulations of this Decree-Law. 3. The periods spent by the Worker from the place of residence tothe Workplace shall ‘not be calculated within the working hours, except for certain categories of workers 4, ‘The Executive Regulations of this Decree-Law st the holy month of Ramadan. ety nee siccneae T amen Toa cet ianes | signee | aicieeersemeen ahaa! In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 5. If the Worker is not a Full-time Worker, the original Employer, or any other Employer employing the Worker under the provisions of this Decree-Law may not require the Worker to work for him more than the hours agreed upon in the Employment Contraci, unless with his written consent. 6. Ifthe Worker wants to perform Work remotely, wheter inside or ouside the UAB, ‘nd with the consent of the Employer, the Employer may stipulate specific working hours ARTICLE (18) CONSECUTIVE WORKING HOURS ‘The Worker may not work over (5) five consecutive hours without one or mare breaks which shall amount in aggregate to not less than one hour, provided that such break(s) shall not be calculated as part of the working hours. Working hours and breaks in the Establishment shall be regulated by shifts, or for certain categories depending on their nature - such as on-site positions - and as per the manpower classification specified in the Executive Regulations ofthis Decree-Law. ARTICLE (19) OVERTIME 1. The Employer may employ the Worker for additional working hours, provided that they do not exceed (2) two hours a day, and the Worser may not work more than such hours unless according t0 the procedures and conditions specified by the Executive Regulations of this Decree-Law. In any event, the Jotal working hours Shall ot exceed (144) one hundred fry-Fur hour in) (/ inet reaceerieersomcensn f— | S BenBe” In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 2. If the work circumstances require that the Worker be employed for hours exceeding, the ordinary working hours, such extended time shall be deemed overtime for which the Worker shall be paid his Basic Wage for his normal hours of work plus @ supplement of atleast (25%) twenty five percent of that Wage. 3. If the work circumstances require that the Worker be employed for extra hours ‘between 10 PM and 4 AM, the Worker shall be paid his Basic Wage for his normal hours of work plus a supplement of atleast (50%) filly per cent ofthat wage. This ‘paragraph shall not apply to Workers by shifts. 4. If the work circumstances require that the Worker be employed on the rest day specified in the Employment Contract, or the internal work regulations he shall be compensated with a substitute rest day, or be paid his basic wage for his normal hours of work plus @ supplement of a least (50%) fifty per cent ofthat wage. 5. The Worker may not be employed more than two corsecutive rest days, except for the daily worker. ARTICLE (20) EXEMPTED CATEGORIES OF WORKERS ‘The Executive Regulations of this Decree-Law shall determine the categories of workers that can be exempted from the provisions relating to working hours stated herein. ARTICLE @1) WEEKLY REST DAYS ‘A Worker shall be granted at least (1) one paid weekly rest day as specified by the In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE @2) DETERMINATION OF AMOUNT OR TYPE OF WAGE ‘AND THE PAYMENT THEREOF 1. Amount of type of Wage shall be determined in the Employment Contract. If such amount or type is not determined in the Employment Contract, the competent court shall determine the same as a labor dispute. 2. The Employer shall pay his Workers their Wages in due time according to the Ministry’s approved systems and as per the conditions, controls and procedures set by the Executive Regulations ofthis Decree-Law. ‘Wages shall be paid in UAE Dithams. The Wage may be paid in another currency if the parties so agree in the Employment Contract. ARTICLE (23) ‘METHOD OF CALCULATION OF WAGE FOR PIECEMEAL PAID WORKERS ‘The daily wage of piecemeal paid Workers shall be calculated on the bass ofthe average ‘Wage received by the Worker forthe actual days worked within (6) six months preceding the request or action in relation to any matter relating tothe Wage. ARTICLE (24) ‘TRANSFER OF WORKER FROM MONTHLY PAID CATEGORY TO ANOTHER ‘A Worker may be transferred from a monthly paid category to a eekly, hourly or piecemeal paid category, ifthe Worker so agrees in writing - judice to the DHEA ESSA Ce EGAN. ae apse ey amt ‘Sa ienettfnstto iy teanaraby hii Ee cuees | Genes | cee ts Si In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates rights which have accrued to the Worker during the period of time he was paid on ‘monthly basis. ARTICLE (25) DEDUCTION FROM THE WAGE 1, No deduction shall be made from the Wage of the Worker unless in the following a Recovery of loans granted to the Worker, up to the maximam monthly deduction from the Worker's Wage stipulated in this Article, after the written ‘consent of the Worker, without any interes. 'b. — Reinstiution of overpayments made to the Worker, provided that no more than (20%) twenty percent is deducted from the Wage. Payments deducted for the calculation of contrbution 10 schemes, pensions and insurances, pursuant tothe legislation in force in the UAB. 4. Worker's contributions to a provident fund in tte Establishment or the loans due to the fund, as approved by the Ministry. Payments towards any social project, privileges or other services provided by the Employer and agreed by the Ministry, proviced that the Worker agrees in ‘writing to contribute thereto. £, Sums deducted from the Worker against violtions committed under the Establishment's sanctions bylaws approved by te Ministry, up to (5%) five percent of the Wage. Salas vel aa ‘oat Yet:19n aeé2 Yous Thao ¥a70 5887." "emak aed |_Emaxintascangunigis-woniton sar Sah GrigiLGl dos yil) ELiqs UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 8. Debis due as a result of court order, up to one quarter of the Worker's Wage, ‘ther than the awarded alimony, where it shall be permissible to deduct more than one quarter of the Wage. In case of multiple debis, the amounts required to be paid shall be distributed on pririty bat h. Amounts necessary for repair of any harm caused by the Worker, as result of his error or violation of Employer's instructions, and resulting in loss or estruction of, or damage to any tools, equipment, products or material belonging © the Emplayer, provided that no more than (5) five days are deducted per month, and no amount in excess of this shall be deducted unless ‘with approval ofthe competent court. If the reasons requiring deduction from salary are multiple, then, deduction may in no event exceed (50%) filly percent ofthe Wage. ARTICLE @6) ENABLING THE WORKER TO PERFORM HIS WORK ‘The Wage shall be paid in return for Work performed, and the Employer shall enable the Worker to perform his work; otherwise, the Employer shall pay him the full Wage agreed upon, ‘The Executive Regulations shall determine the procedures under which the Worker ‘can leave the job if he is not permitted to perform the Work agreed upon in the Employment Contract. ete Cah | tratinaiangun-tonaatin com a) ~~... WW Yo Aig doayi CLigs | GZ GS faucrias UNIQUE LEGAL TRANSLATION @ iS In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE 27) MINIMUM WAGE, ‘The Cabinet may, upon proposal of the Minister and after coordination with the concerned entities, issue a decision determining the minimum Wage for Workers, or any ‘category thereat. ARTICLE (28) OFFICIAL HOLIDAYS; WORKING ON OFFICIAL HOLIDAYS 1. The Worker shall be entitled to official leave with full pay in public holidays determined by decision of the Cabinet. 2 Should the work circumstances require that the Worker be employed on holidays, the Worker shall be compensated with a substitute rest day for each day worked, or ‘be paid his Wage for normal working days plus a supplement of at least (50%) fifty percent of his Basic Wage for that day. ARTICLE @29) ANNUAL LEAVE ‘Without prejudice to the rights accruing to the Worker prior to the entry into force of this Decree-Law, the Worker shal be entitled to a paid annual leave of not less than: (30) thirty days a year for each year of service. aa eticaniassageee | Mowserise fecgeee | ese a Cah SR aicondiesome | MOG: tonseosoeses 1 tmahomengeage wonacioncon ‘Saxch |S ABROM Fern tte—e aag Gs meal ‘ou oni een 3 e22 268, et:tan aaseases | Mon varies asses | tmarivoduomganau Teticam'37ea0006 | Mohs071869006200_ | tat nsiomeromete Khali In the Name of Allah, the Most Graceful, the Most Beneficent lifa bin Zayed Al Nahyan President of the United Arab Emirates b. (2) two days per month, where the period of service is more than (6) six ‘months and less than (1) one year. & Alleave for the fractions of the last year of service, in the event of end of his service before the use of his annual leave balancs. Part-time Worker shall be entitled to an annual leave according to the actual hours spent by the Warker in the service of the Employer; sich period to be determined in Employment Contract, as specified by the Executive Regulations of this Decree- Law, ‘The Employer may agree fo grant the Worker a leave ftom his annual leave balance during the Probationary Period, and the Worker reserves his right to compensation for the outstanding annual leave balance, if he does not successfully complete the Probationary Period, ‘The Worker shall use his leave in the year of entitlement. The Employer may fix the dates of leave according to the work requirements and in agreement with the ‘Worker, or rotate leaves among Workers for the smooth progress of work, and shall notify the Worker of the date of his leave atleast 1) one month before the same. ‘A Worker may, with the consent of the Employer and based on the Establishment bylaws, cary over his annual leave balance or days thereof fo the next year “The Worker shall be entitled to be paid in respect ofthe period of annual leave. Days off prescribed by law or agreement shall be counted in, and considered as part of the annual leave if they fall within the dates of annual leave, unless the Employment Contract or the Establishment bylaws 2rovide for something more beneficial to the Worker. staan useneaais 7 hy Sierra oan ta saree fs sa7t90 2528575 "1. ma nfowunigue Cah rY...........LU Uw Coy CigilGl doasi Clio: | G IS Citra] UNIQUE LEGAL TRANSLATION | ‘ue In the Name of Allah, the Most Graceful, the Most Beneficent ‘Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 8. The Employer may not prevent the Worker from using his accrued annual leave for ‘more than (2) two years, unless the Worker wants to carry it over or be paid in lew ‘of leave according to the Establishment bylaws and as specified by the Executive Regulations of this Dectee-Law. 9. A Worker shall be entitled to be paid for his days of lave if he leaves Work before the use thereof, irrespective of the length thereot, forthe period for which he did not use his leave, The Worker shall be entitled to the leave pay for the fractions of the year in proportion to the period of service, and the sare is calculated on the basis of the Basic Wage. 10. The Executive Regulations of this Decree-Law shall determine the rules and conditions regulating the leaves and payment thereof, ARTICLE G0) MATERNITY LEAVE, 1. A female Worker shall be entitled to a maternity leave of (60) sixty days as follows: The first (45) forty-five days with fll pay b. The next (15) fifteen days with half pay. 2. A female Worker who exhausts her maternity leave may absent from work without pay for no more than (45) forty five successive or interrupted days, if such absence is due to illness occurring to her or her child asa result of pregnancy or delivery and preventing her to report to work. Such illness shall be proved by a medical Certificate issued by the Medical Institution, and such period shall not be counted in the period of service for which the female Worker is entitled to severance pay or subscription (othe pension system according tothe legislation in force-ia the UAE. Sree tb eeabrld ammerel taerncete aera fi Ooo Tou 997 20227668 Tob GrigiLAJI Aoayil) ELigs UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan President of the United Arab Emirates =e ‘A female Worker shall be eniled to the maternity leave stated in paragraph (1) hove, if delivery takes place after (6) six months of pregnancy or above, whether te child is stillborn or bor alive then died. ‘A female Worker who delivers a sick child ora child with special needs “People of Determination” whose health condition requires a continuous escort based on a ‘medical report from the Medical Institution shall be entitled to 30 thirty days’ leave ‘with fll pay commencing fom the expiry of the maternity leave, such period to be extended for other (30) thirty days. ‘The Employer shall grant the female Worker a matemity leave where she requests so at any time starting from the last day of the month preceding the month of delivery, as evidenced by a centficate from the Medicsl Institution. A female Worker obtaining the maternity leave or the absence from work referred to inthis Article shall not lose her right o other leaves. If a female Worker works for another Employer during the petiod of leave stated ia this Article, her Employer may deprive her of her Wage for the period of leave, oF recover any Wages paid to her. 1 shall not be permissible to terminate, or give notice to a female Worker by reason of pregnancy or for having obtained maternity leave or absence from work pursuant to the provisions of this Article ‘A female Worker shall be entitled, after reporting tuck to work from maternity leave and for a period not exceeding (6) months following the date of delivery, 10 fone or two breaks per day to nurse her child, provided that such period does not exceed one hour. r Jalan i ogeltoattr th teenmaby hs tm eles Tab onan ine conecnas isha wannaton ‘ovonusral-vsmaezaTgse 1 Nasa. “a7 Biba Tot sera ise see | Mob tors te S668 | tmat necubasuni in Stolctenazecooss | Mon.:temesoassate | tox htealangurees Grig iI doasiU CLigy | ES UNIQUE LEGAL TRANSLATION i In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (1) SICK LEAVES 1. A Worker who contracts an illness that is not a Work Injury shall report his iliness to his Employer, or his representative, within a maximum of (3) three Working Days and shall Submit a medical report about his concition from the Medical Institution 2. Aworker shall aot be entitled to any pai However, the Employer may grant him an unpaid sick leave, based on a met report issued by the Medical Institution stating that the leave is necessary. sick leave during the Probationary Period. 1 3. A Worker who completes his Probationary Period stall be entitled to a sick leave not exceeding (90) ninety days, successive or otherwise, in respect of each year of serviee, to be calculated as follows: a The first (15) fifteen days with full pay. b. The next (30) thiny days with half pay. © Subsequent period without pay. 4. No Wage shall be paid for the sick leave if the illness results from the Worker's misconduct, according to cases determined by the Executive Regulations of this Decree-Law. 5. The Employer may dismiss the Worker if he fails to report to work, after exhaust his sick leave referred to in this Article, and the Worker shall reserve all his ‘entitlements pursuant to the provisions of this Dectee-Law and its Executive Regulations. Tet:vanaveooss | Mokssevisesevesse | tmatoatangungte-vorsiotoncorm tat BEROAT ey CigilSIl Gosyils CLigs obiwv fica UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (32) OTHER LEAVES ‘A Worker shall be entitled to paid leave inthe following cases: a. (5) five days bereavement leave for death of the spouse, and (3) three days bereavement leave for death of a parent, child, sibling, grandchild or ‘grandparent, commencing from the date of death, . Paternal leave for (5) five Working Days for the Worker (Father of mother) ‘who got a child, in order to take cate of his child, Such leave shall be taken successively or otherwise during the period of (6) six months following the date of birth ofthe child. © Any other leaves specified by the Cabinet. 2. A Worker alfiliated with, or attending educational institution in the UAE may be granted a study leave for (10) ten Working Days per year in order 10 examinations, provided that he has completed atleast (2) two years of service with his Employer. 3. An Emirati Worker shall be entitled to paid sabbatical leave for national or reserve ‘service, pursuant to the legislation in fore in the UAE. 4. A proof shall be submitted from the concerned entities for leaves referred to inthis “Article, 5. ‘The Executive Regulations shall determine the provisions on the grant and regulation of leaves referred to inthis Article. ‘Scam fccana aaron’ 1” on vesomzsays "| "anak fopaniqueositgnem ame Sein _ et v8713 704000 zt |_ Enel intcleingunefi-voreloton som ‘co—ak_ YON eatery ats ree and Cay GrigiLAI dorsi) Clio, AS} UNIQUE LEGAL TRANSLATION las} In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nabyan President of the United Arab Emirates ARTICLE (3) UNPAID LEAVE, 1, The Worker may, after the consent of the Employer, takes an unpaid leave, other than leaves referred to herein. 2. Leave referred to in the paragraph above shall not be counted in the period of service of the Worker with the Employer and within the Pension System according to the relevant legislation in force. ARTICLE G4) FAILING TO REPORT TO WORK AFTER LEAVE ‘A Worker who does not report to work after the end of his leave without good cause shall ‘ot be entitled to his Wage throughout the period of his absence after the end of leave, ARTICLE G5) COMMENCEMENT OF NOTICE PERIOD IN CASE OF ‘TERMINATION OF CONTRACT DURING LEAVE If either party wants to terminate the contract during the period of leave in accordance with the provisions of this Decree-Law and its Executive Regulations, then the Notice Period agreed upon in the Employment Contract shell commence only on the day following the date on which the Worker returns from leave, unless agreed otherwise by the parties. ARTICLE G6) OCCUPATIONAL SAFETY AND CARE Establishments shall observe the provisions of Federal Law No. (13) of 2020 on Public Health and all its implementing resolutions, and any is ips aig aL aii ra ny Sy : Tat:797 43565888 | Mob. 9738: | Emo if dobaginicve-rarsiaten cont —; \ ae Tecitansveaooas | Mob | that nfm oration cor Benoa! ——— TS Ye igi! doaji Liq: batcana| UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan President of the United Arab Emirates respect. The Executive Regulations of this Decree-Law shall determine the role of the Ministry and the provisions relating to safety, protection and healthcare of Workers. ARTICLE G7) COMPENSATION FOR WORK INJURIES AND OCCUPATIONAL DISEASES 1. There shall be determined, by decision of the Cabinet, upon proposal of the Minister ‘nd in coordination with the concerned entities, the Work Injuries and occupational diseases, the conditions and procedures to be followed in the event of occurrence of any of the foregoing, the obligations of the Employer 'n this respect and the amount of compensation due to the Worker in the event of permanent total disability or permanent partial disability, and compensation duc to his Family in the event of his death and the rules of distribution of compensation and amount thereof, 2. Ifa Worker suffers a Work Injury of occupational disease, the Employer shall: a. Bear the Worker's treatment costs until he recavers and reports to duly or proves his disability, in accordance with the conditions, controls and procedures set by the Executive Regulations ofthis Decree-Law. b. If the Work Injury or the occupational disease prevents the Worker from performing his Work, the Employer shall pay the Worker his full Wage for the period of treatment or for a term of (6) months, whichever is lesser. If the ‘reatment period exceeds (6) months, the Worke: shall be paid the half Wage for the subsequent (6) months or until he recovers, proves his disability or dies, whoever is earlier. 3. Ifthe Worker dies as a result of Work Injury or occxpational disease, his Family shall be entitled to compensation equal to the Basic Wage of the Worker for (24) twenty-four months, provided thatthe compensation less than AED 18,000 (UAE Dihams Eighteen Thousand) and AED 200,000 Cay era! ~~... Gzigilil doa oui Los | UNIQUE LEGAL TRANSLATION a In the Name of Allah, the Most Graceful, the Most Beneffeent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates (UAE Dithams Two Hundred Thousand). Compensation amount shall be calculated ‘nthe basis ofthe Basic Wage received by the Worker before his death and shall be distributed to his successors as specified by the Executive Regulations of this Decree-Law. The Family shall reserve the righis to severance pay, and any other financial enittements due to the Worker. ARTICLE (8) ‘CASES OF NON-ENTITLEMENT OF WORKER ‘TO WORK INJURY COMPENSATION [A Worker shall not be entitled to compensation for Work Injury, ifthe investigations of ‘he competent suthorites reveal ha any f the following evens ocurred 1. Incase of deliberate selF-injury.. 2. If injury occurs under the influence of alcohol, drugs or other psychotropic substances. 3. If the injury is the direct result ofa deliberate violatior of precautionary instructions posted in visible places atthe Workplace, as specified by the Executive Regulations of this Decree-Lavs. 4. Ifthe injury isthe direct result of the Worker's deliberate misconduct. If the Worker refuses, without serious cause, 10 undergo a checkup or follow the treatment prescribed by the Medical Institution, scomermentiatie | eeloremeies | pera tect creme ce CB drigilil dorsi LLigy | AS UNIQUE LEGAL TRANSLATION Ss In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE 9) DISCIPLINARY SANCTIONS 1. The Employer, or his representative, may impose any of the following sanctions on any Worker who violates the provisions of this Dscree-Law and its Executive Regulations and implementing resolutions: Written attention draw. Wiriten notice warning) Deduction ofa maximum of (5) five days in month from the Wage. Suspension from work for a period not exceaing (14) fourteen days and denial of Wage during suspension Denial of periodic increments for a maximum of (1) one year, where Establishments have periodie increment systems in place, and the Worker is entiled thereto pursuant to the provisions of Employment Contract of the Establishment bylaws. f. For establishments having promotion system in place, denial of promotion for a maximum of @) to years. & Dismissal with payment of severance pay 2. ‘The Executive Regulations shall determine the condivons, controls and procedures necessary to impose any ofthe sanctions referred to in paragraph (1) above, and the relevant grievance mechanism. atop anit Sy nena byt Sia stat:tenaseeanes | Mob semaeziasses | Glin Statitensaecoaae | Mob senaseeeeaes | GrigiLOIl doayi CLig, iS UNIQUE LEGAL TRANSLATION & In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (40) ‘TEMPORARY SUSPENSION FROM WORK 1. The Employer may temporarily suspend the Worker for a maximum of (30) thi days, in order to undertake a disciplinary investigation if the interest of investigations so requires. The Worker shall be suspended and paid the half Wage ‘during suspension period. If the investigation is dismissed, or the violation is not established or the Worker is sanctioned by waraing, tie Worker shall be entitled 10 his Wage for the suspension period. 2. The Employer may temporarily suspend the Worker from work if he is accused of an offence against life, property, honour or honesty, pending a final decision by the ‘competent judicial entity, and his pay shall be suspended during suspension petiod. In the eveat of issuance of a decision not to bring the Worker to tral, or if the ‘Worker is acquited for non-commission of felony or the investigation is dismissed {or lack of proof, the Worker shall return to his work and be paid all his suspended Wages. ARTICLE (41) CERTAIN CONTROLS FOR IMPOSING DISCIPLINARY SANCTIONS 1. A Worker may not be charged with a disciplinary senction for an act committed ‘outside the Workplace, unless such act is related to the Work. 2 Only one disciplinary sanction may be imposed in respect of one violation, in accordance with the Article (39) hereof. isectstaicnae y uansiwsaite | its gepmmereinion eas Cah Sioa tet Ten ade anes | Man teas | trot nioiguniuevoncnencom | tin 2a 13n a 7ee oo | that inasiansumiqs-vonsatoncom ! at ~~... GzigilOl doayil CLigy AS| UNIQUE LEGAL TRANSLATION & In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan resident of the United Arab Emirates ARTICLE (42) ‘CASES OF END OF EMPLOYMENT CONTRACT. ‘An Employment Contract shall terminate in any of the following events: 1. By mutual writen agreement ofthe parties. 2. The expiration of the term ofthe contract, unless i is extended or renewed pursuant to the provisions hereof. Upon the will of either party, subject to the provisions of this Decree-Law in relation to termination of Employment Contract and Notice Period agreed upon in the contract. 4. Employer's death unless the subject of the contract is connected with his person. ‘5. Worker's death or permanent total disability, as evidenced by a certificate from the ‘Medical Institution, 6. If the Worker is convicted by a final order to a custodial penalty fora term of not less than (3) three month. 7. The permanent closure of the Establishment, pursuant to the legislation in force in the UAE. 8. If the Employer becomes bankrupt, insolvent or unabie to continue in business for any economical or exceptional reasons, in accordance with the conditions, controls and procedures set by the Executive Regulations and the legislation in force in the | trae hcRaceesenatenco Ss mf drigilG! dorsi ELigs | © @ Ss UNIQUE LEGAL TRANSLATION one In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed AI Nahyan President ofthe United Arab Emirates 9. Ifthe Worker does not meet the conditions for renewal of the Work Permit for any reason outside the control of the Employer. ARTICLE (43) NOTICE OF TERMINATION OF EMPLOYMENT CONTRACT 1. Either party to an Employment Contract may terminate the contract for good cause, by giving the other a notice in writing. The Worker shall perform his duties during the Notice Period agreed upon in the contract, provided thatthe Notice Period is nat less than (30) thirty days and notin excess of (80) ninety days. 2. Employment Contract shall continue in force throughout the Notice Period and expires with the expiry af the Notice Period. The Worker shall be entitled to his full ‘Wage for such period on the basis of his last Wage and shall perform his Work if the Employer so requests. The parties may agree waive the notice clause or shorien the Notice Period, provided thatthe Worker reserve all his entitlements due for the Notice Period agreed upon in the Employment Contract. The Notice Period shall be equal for both Parties unless the same is in the interest ofthe Worker. ‘The party in breach of the Notice Period shall pay the other a compensation called pay in liew of notice, even if no harm results fom the failure of notification. The ‘compensation shall be equal to the Wage of the Worker for the entire Notice Period, or the remainder thereof. 4. Notice pay shall be calculated based on the last Wage received by the Worker, for ‘monthly, weekly, daily or hourly paid Workers, and on the basis of the average daily Wage referred to herein for piecemeal paid Work, 5. If the Employment Contract is terminated by the Employer, the Worker shall be entitled to absent from Work during the Notice Period for one" Day without Bee ara eee CU aan ‘Semaresaoss | Mobcsmsssoseseo | tmelttvectainpuntece-tel Faas In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates pay per week, to search for another job. The Worker may designate the day of lpsence provided that the Employer is notified at lesst (3) three days before such ay. ARTICLE (44) DISMISSAL OF WORKER WITHOUT PRIOR NOTICE ‘An Employer may dismiss the Worker without prior notice, after a written investigation ‘with him, and dismissal decision shall be in waiting and reasoned, and given by the Employer, or his representative, tothe Worker, in any of the following events: Ifthe Worker assume false identity, or submits false certificates or documents 2. Ifthe worker commits an error resulting in gross material losses to the Employer, oF deliberately cause harm 10 the property of the Employer, and admits the same, provided that the Employer notifies the Ministry of the incident within (7) seven working days of being aware ofthe occurrence thereof 3. If the Worker violates the bylaws of the Establishment in relation to Work and Workers Safety or the Workplace, provided that such instructions are in writing and posted in a visible place, and the Worker has been advised thereof. 4. Ifthe Worker fils to perform his main duties in accordance with the Employment Contract, and fail to remedy such failure despite a writen investigation with him on the matter and two warnings that he will be dismissed in case of recidivism, 5. If the Worker divulges the business secrets in relation to industrial or intellectual property, which results in losses to the Employer or loss of opportunity or & personal benefit forthe Worker. Sse ee Eee eeiee uae ea G Soh i csnsiccoe | et cnsrsnin | locale soccer Sno Rei Gigi GI dorsi) CLigy iS UNIQUE LEGAL TRANSLATION ES In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 6. Ifthe Worker is found during the working hours in a state of drunkenness or under the influence of a narcotic or psychotic substance or commits any act against morals atthe Workplace 7. If the Worker commits a verbal, physical or other form of assault punishable by legislation in force in the UAE agains! the Employer, the responsible manager, his supervisor of co-worker. 8. Ifthe Worker absents from Work without legal cause or justification acceptable 10 the Emplayer for more than (20) twenty interrupted days in a year, o more than (7) seven consecutive days. 9. If the Worker abuses his position with the aim to obtain personal gains and profits. 10. Ifthe Worker joins another Establishment without complying with the controls and procedures prescribed in this regard. ARTICLE (45) LEAVING WORK WITHOUT NOTICE ‘The Worker may quit Work without notice and reserve all his entitlements atthe end of service in any of the following events: If the Employer commits a breach of his obligations to the Wosker stated in the Employment Contac or this Decres-Law o its implementing resolutions, provided that the Ministry is notified by the Worker (14) founeen working days before the date of leaving the Work, andthe Employer's failure to remedy the breach though being notified by the Ministry. 2. If the Worker is subject to assault, violence or harassment atthe Workplace by the os 07160 2528376 1 ma Site _itetisena veces | Mob verisseaveses_| Erotinosiangungiesrensaionsem soma AEA a Gigi doosilt Liss | tata! UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates the concerned authorities and the Ministry within (5) five Working Days from the ate on which he is able to report. 3. If the Workplace poses a serious threat to the saftty or health of the Worker, provided that the Employer is aware thereof, and has not taken the actions necessary to eliminate such threat. the Executive Regulations shall determine the requirements or serious threats. If the Employer entrust the Worker with a Work thatis substantially different from the Work agreed upon in the Employment Contract, without the written consent of the Worker, except in cases stated in Article (12) hereof. ARTICLE (46) ‘TERMINATION OF EMPLOYMENT FOR MEDICAL UNFITNESS. ‘The Employer may not terminate the Worker for medical unfitness, before the Worker exhausts al his legal leaves, and any agreement contrary to this shall be void, even if it preceded the entry ito force of the provisions of this Decree-Law. ARTICLE 47) ARBITRARY DISMISSAL, 1, A dismissal of a Worker by his Employer shall be arbitrary ifthe Worker submits serious complaint to the Ministry or files an action proven to be valid against the Employer. 2. The Employer shall pay the Worker a fair compensation estimated by the competent cour, if it is found that the dismissal is arbitrary puragi.to.parjgraph (1) above, Sat aes ‘ee mee st C24 etn Stolsvo7aec00e8 | MobtaMssaosenc0 | tmatiniasiangunge-ronsssoncor ‘Samak ABN GyigiLGII Aoayill Cligy @Biw UNIQUE LEGAL TRANSLATION =) In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ‘The amount of compensation shall be determined based on the type of work, the extent of harm sustained by the Worker and the lengh of his service. In ny case, the amount of compensation shall not exezed (3) thee month's Wage of the Worker caealated based on the last wage received by him. 3. The provisions of paragraph (2) above shall not prejuice the right of Worker to the pay in liew of notice and severance pay due to him under the provisions hereo. ARTICLE (48) CONTINUITY OF EMPLOYMENT CONTRACTS Employment Contracts which are valid at the time of change in the form or legal postion Of the Establishment shall continue in force, and the new Employer shall implement the terms of such contracts and the provisions of this Decree-Law and its Executive Regulations and implementing resolutions, from the date of amendment of Establishment’s details with the competent enti ARTICLE (49) WORKER'S MOVEMENT TO ANOTHER EMPLOYER AFTER EXPIRY OF EMPLOYMENT CONTRACT ‘A Worker may, in the case of end of the Employment Contract pursuant to the provisions Of this Decree-Law, move on to another Employer pursuant 10 the condi procedures set by the Executive Regulations ofthis Decree-Law. Tot TenaSeadses | Moores 4cg600 | Emot:hleuoccunzwnwonseoncom fs Tatitam37eceags | Mon. tenesaosesso | tmotinclanpuncte-tonsistanson oat Yo ‘igi Gl doayi) ULigy | © tact UNIQUE LEGAL TRANSLATION In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates ARTICLE (50) UNAUTHORIZED ABSENCE FROM WORK 1. A foreign Worker who absents from Work, for illegl cause, before the expiration ‘of the Employment Contract, shall not be granted another Work Per ‘another Employer in the UAE, pursuant to the provisions hereof, for a term of (1) fone year from the date of absence from work, and 20 Employer who is aware of such absence may use employ him or keep him in hs service within such period, 2. ‘The Ministry may exempt certain job categories, skill levels, or manpower from paragraph (1) above, in accordance with the contro's and procedures set by the Executive Regulations ofthis Decree-Law. 3. The Employer shall report to the Ministry the absence from work according 10 the procedures set by the Executive Regulations of this Decree-Law. ARTICLE (51) ‘SEVERANCE PAY FOR FULL-TIME WORKERS 1. A national Worker shall be entitled 10 a severance pay at the end of his service pursuant o the legislation regulating pensions and social security in the UAB. 2. A foreign full-time Worker who completes one or more years in the Continuous ‘Service is entitled to a severance pay, which is calculated on the basis of the Basic ‘Wage as follows: a. (21) twenty-one Working Days’ wage for each of the frst five years of b. 30) tity Working Days’ Wage for each subsequent year of st recite Saar tee MES at ta nec rst omy EepaenY Umma ee ope =< See | ene | eect ae eicancsaems | contenaststens |) see acmmemese emcee ~~... GrigiLGl Goayi CLigs © Ic/ UNIQUE LEGAL TRANSLATION —— In the Name of Allah, the Most Graceful the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates 3. A foreign Worker shall be entitled 10a severance pay forthe fractions ofthe year in proportion to the petiod of service provided that he has completed one year of ‘Continuous Service. 4. Days of absence from work without pay shall not be counted within the period of 5. Without prejudice to the legislation for pensions or retirement benefits to Workers in certain Establishments, the severance pay shall be calculated on the basis of the last Basic Wage received by the foreign Worker, for monthly, weekly, daily paid ‘Workers and on te basis ofthe average daily Wage for piecemeal paid Workers. 16, ‘The severance pay for a foreign Worker shall not exceed in aggregate two years" Wage. 7. The Employee may deduct from the severance pay, any amounts due by law or court order, in accordance with the conditions and procedures set by the Executive Regulations of this Dectee-Law. ‘The Cabinet may, upon the proposal of the Minister and after the coordination with ‘concerned entities, adopt other systems instead of the severance pay system. The decision shall determine the conditions, contols and mechanism for participation in such systems. ARTICLE (2) SEVERANCE PAY FOR WORKERS EMPLOYED UNDER OTHER WORK MODELS ‘The Executive Regulations ofthis Decree-Law shall determine the mechanism regulating ‘ion sa7fg0.u2 6372") emat inten gu GrigiLGII doayi CLies | es RS UNIQUE LEGAL TRANSLATION & In the Name of Allah, the Most Graceful, the Most Beneficent Khalifa bin Zayed Al Nahyan President of the United Arab Emirates enhances efficiency and atiactiveness of labor market, an¢ as dictated by the interest of the partis tothe Employment Contact. ARTICLE (53) PAYMENT OF WORKER ENTITLEMENTS ‘AFTER THE END OF THE CONTRACT ‘The Employer shall pay the Worker within (14) fourteen dates after the expity of the contract, all his Wage and other entitlements provided for in this Decree-Law and its implementing resolutions, the contract or the Establishment bylaws, ARTICLE (64) INDIVIDUAL LABOR DISPUTES 1. Inthe event ofa dispute arising between the Employer and the Worker, or any one Claiming through them, in connection with any rights arising (either of them under te provisions hereof, he shall file an application 10 the Ministry, which shall consider the application and take whatever necessary to setle the dispute between them amicably. 2. Inthe event of failure of amicable settlement within the period set by the Executive Regulations of this Decree-Law, the dispute shall te referred to the competent cour, and referral shal be accompanied with a memo-andum including a summary of the dispute, the arguments ofthe parties and the reccmmendation ofthe Ministry. 3. An Individual Labor Dispute shall be treated as a dispute between the Establishment ‘and the Worker, and no penalties may be imposed, nor any administrative procedures may be taken against the Establishment in hharm to the other Workers of the Establishment or the Seater | omteeer mae) (287 <= ceom | eeee | ets Cee Skin Telsvenazedoons | Mob. somes 906960 | tno htelanguriqueronloioncem t=)

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