His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President of State, Prime Minister, Ruler of Dubai, has issued a decree no. 1 of 2022 concerning the executive regulations of Decree No. 33 of the Federal Act 2021 on the regulation of labor relatio

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, may God protect him, issued Cabinet Resolution No. (1) of 2022 regarding the executive regulations of Federal Decree-Law No. (33) of 2021, regarding the regulation of labor relations . According to the decision published in the last issue of the Official Gazette, 12 types of work permits have been identified, which are work permits (recruiting a worker from outside the country), transfer work permits, permits for those who are on the residence of their relatives, temporary work permits, important work permits, permits Part-time work, juvenile work permit, student training and employment permit, work permit for GCC citizens/nationals, work permit for golden residency holders, trainee citizen work permit, self-employment permit. The decision prevented accusing the worker of a disciplinary offense that had been discovered for more than (30) thirty days, and also prevented the imposition of a disciplinary penalty after the date of the end of the investigation into the violator and its confirmation against the worker by more than (60) days. The employer may deduct from the worker’s end-of-service gratuity any amounts that are legally due or by a court ruling, according to 5 conditions, which are that the amounts owed by the worker are necessary to recover the loans or the amounts paid to him in excess of his right, to recover the sums that are deducted for the purposes of calculating the subscription in Bonuses, retirement pensions, and insurances, or sums deducted from the worker due to violations committed by him, or debts owed in implementation of a court ruling issued against the worker, or sums to repair the damage caused by the worker, as a result of his fault or violation of the employer’s instructions. ratings According to the decision, establishments are classified according to criteria that include economic activity, employment volume, cultural and demographic diversity of employment, adherence to legal regulations, and support for the implementation of government directions related to Emiratisation, training and skills development. According to Article (3), workers subject to the law are classified into categories according to criteria that include skill levels, educational, productivity, occupational, wages, or according to categories of residence. Article (4) prohibits the employment of juveniles in dangerous or harmful businesses and industries, and professions that are likely to endanger the health or safety of juveniles, due to the nature of the profession or the circumstances in which it is performed, provided that the juvenile is insured like ordinary employment, while charitable and educational institutions are excluded. and training and other bodies that aim to qualify or vocational training for juveniles from some provisions of the article. And Article (5) pointed out that the contract with the worker is according to any of the types of work mentioned therein, in addition to the patterns, remote work: all or part of the work is performed outside the workplace, or the job is shared, by dividing tasks and duties between more than A worker to perform pre-agreed tasks. As for the conditions and controls of the procedures for issuing and renewing work permits, Article (7) specified those conditions that the worker should be at least 18 years old, with the exception of the work permit for the juvenile and permitting the training or employment of the student, that the facility’s license is valid and does not exist on it Violations, and that the request for a permit must be submitted by the legally authorized signatory on behalf of the facility. Article (8) defines self-employment as a system of independent and flexible work, through which a natural person achieves a direct income, by providing his services for a specified period of time or to perform a task or provide a specific service, whether for individuals or establishments, and so that this natural person is not in any way No one is an employee of these individuals or establishments. recruitment agencies Article (9) stipulates that the practice of any mediation or temporary employment and outsourcing (individually or collectively) is considered a practice of the activity of recruitment agencies, and within the scope of the work of employment agencies, 4 definitions are used, which are mediation: by bringing the views between the two parties to the work and their representatives, recruitment Temporary and Outsourcing: Employing the worker with the intention of making it available to a third party, the beneficiary, the agency. A number of conditions had to be met in order to obtain a license to practice any of the agency’s business, including that the person in the sole proprietorship or any of the partners in the legal person had not been convicted of a crime against honor and honesty, or in a crime of human trafficking, and that a bank guarantee should not be provided. At all times the license is valid, its value is less than (300,000) three hundred thousand dirhams in the case of licensing a mediation agency, and not less than one million dirhams in the case of licensing a temporary employment agency and outsourcing, provided that the license issued by the ministry to employment agencies is renewed annually, provided that it is ensured that all conditions continue to be met. required for licensing. Article (10) emphasized the necessity that the work contract should basically contain the name and address of the employer, the worker’s name, nationality and date of birth, and what is needed to prove his identity, qualification, job or profession, date of joining work, place of work, working hours, rest days, and probationary period If any, the term of the contract, the agreed wages including benefits and allowances, the period of the annual leave due, the period of warning, the procedures for terminating the work contract, and any other data determined by the Ministry in accordance with what is required to regulate the relationship between the two parties. The same article permitted the agreement of the worker and the employer to introduce new clauses on the approved contract forms, provided that they are in agreement with the provisions of the decree-law, this decision and the legal regulations. arising from the first contract. Article (11) granted the ministry to exempt some workers from the requirement not to grant a new work permit after the termination of the work contract during the probationary period, provided that the worker is of the skill, professional or knowledge levels needed by the state, and that the worker is on the residence of his relatives, or holders of Golden residence. Article (13) permits the worker to be assigned to another work, fundamentally different in nature from the original work, as an exception that calls for necessity, or to prevent an accident, or to repair the damage caused by the worker, and the maximum limit for assigning the worker to those works is (90 Ninety days a year. Article (14) required establishments that employ (50) workers or more, to set regulations to organize work, such as a list of work instructions, penalties, promotions and bonuses, and procedures for ending the work relationship, taking into account that the regulations are set in a manner that does not violate the provisions and rules stipulated in the decree-law The provisions of this decision and the legal regulations, and that it includes the list of penalties that may be imposed on violating workers, provided that the list of work instructions includes the daily working hours, the weekly holiday, holidays and the measures. work hours According to Article (15), the time periods that the worker spends in moving between his place of residence and the place of work are calculated within working hours, in case the time period is during bad weather conditions and in response to the warnings of the National Center of Meteorology regarding changes and weather fluctuations, and that the means of transportation provided by it is displayed. The employer is due to a traffic accident or emergency malfunction, or the parties to the contract have expressly agreed on that. The employer may employ the worker for additional working hours over the normal working hours, provided that they do not exceed two hours per day, unless the work is necessary to prevent the occurrence of a serious loss or a serious accident or to eliminate and mitigate its effects. In all cases, the total working hours must not exceed ( 144) One hundred and forty-four hours every (3) three weeks. Exceptions are made from the provisions related to the maximum working hours for the categories: board chairpersons and members, persons occupying supervisory positions, workers who make up the crew of marine vessels, works whose technical nature necessitates the continuation of work in them through successive shifts or shifts, provided that the average working hours do not exceed ( 56) hours per week, and the preparatory or complementary works that must necessarily be carried out outside the time limits generally established for work in the establishment. Article (16) stressed that all establishments registered in the ministry must pay the wages of their employees on the date they are due through the wage protection system or any other systems approved by the ministry. The employer is obligated to enable the worker to carry out his work, otherwise he is obligated to pay his agreed wages. If the refusal to enable the worker to perform his work is due to circumstances beyond the control of the employer, the employer shall inform the worker of that while ensuring the payment of his wages. Article (18) granted the part-time worker an annual leave according to the actual working hours spent by the worker with the employer, and its duration is determined on the basis of the total working hours after converting them into working days, divided by the number of working days in the year, multiplied by the legally established vacations With a minimum of five working days per year for annual leave. The worker may carry over no more than half of the annual leave for the following year, or agree with the employer to grant him a cash alternative in accordance with the wages he receives at the time of his entitlement to the leave. basic. Article (20) indicated that the wage for sick leave resulting from the worker’s misconduct, such as his abuse of alcohol or drugs, or the worker’s violation of safety instructions in accordance with the legislation in force in the country, such as instructions for crises and disasters, traffic and traffic regulations, or any safety procedures and controls, is not due. specified in the facility's bylaws. Article (21) granted the worker a study leave to perform the tests, provided that he obtained an academic acceptance from one of the accredited university institutes or colleges in the country. It is permissible to combine mourning and parental leave, annual leave, and leave without pay. Article (22) obligates the employer to provide appropriate means of protection to protect workers from the dangers of occupational injuries and diseases that may occur during working hours, and to hang guiding signs in the place of machines or the place of various operations. The Ministry shall coordinate with the authorities related to public health, care and occupational safety for workers, to follow up on the employer's commitment to health insurance for workers in accordance with the legislation in force in the country. In the event of an occupational injury, the employer is obligated, according to Article (23) to pay the expenses of treating the worker in one of the governmental or private treatment houses, and that the expense of the treatment continues until the worker is cured, or his disability is proven, with the employer bearing all the resulting obligations. Sanctions Disciplinary penalties are imposed on workers and according to the extent of breach of confidentiality of data and information related to work, the impact of the violation on the health and safety of the worker or workers in the facility, the financial impact of the violation, the impact of the violation on the reputation of the facility and its employees, and the worker’s recurrence of all kinds of violations. penalties, after informing him in writing of what is attributed to him. According to Article (25), the work contract ends in the event of a court ruling issued for the bankruptcy and insolvency of the employer, or a decision issued by the concerned authorities stating that the employer is unable to continue his activity for exceptional economic reasons beyond his control. In the event of the termination of the work contract according to Article (27), the worker may move to work for another employer, provided that the term of the contract agreed upon between the two parties expires and has not been renewed, and the employer terminates the contract without reason due to the worker. And Article (28) sets out the controls for reporting the worker’s interruption, that the employer informs the Ministry of the incident of the worker’s interruption from work, and that the interruption of work is for more than 7 consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him, and in the event of interruption A foreign worker leaves work for an illegal reason before the end of the contract term. No other work permit is granted for a period of one year from the date of discontinuation of work, and golden residency holders and those of their relatives are excluded. The calculation of the end-of-service gratuity for employees is as follows, the number of hours worked in the work contract per year divided by the number of hours worked in the full-time contract per year multiplied by 100 equals the percentage multiplied by the value of the end-of-service gratuity for the full-time employment contract. The end-of-service gratuity does not apply in the case of temporary employment, if its duration is less than one year. Refer disputes to the competent court Article (31) of the decision states that “if the employer, the worker, or any person entitled to them disputes any of the rights resulting from either of them under the provisions of this Decree-Law, he must submit a request to that effect to the Ministry, which will examine the request and take what it deems necessary. In order to settle the dispute amicably between them, and 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 submitting the request.” The worker has the right to claim two months’ wages if he continues to work during the validity of the labor dispute referred to the judiciary, and the Ministry in this case may compel the employer to pay that wage or refer the complaint in this regard to the judiciary. If a dispute occurs between the employer and all the workers or a group of them, and the two parties fail to settle it amicably, the complainants must submit the complaint through the channels specified by the Ministry, and indicate the type and value of the claims, provided that the complaint is submitted within two weeks from the date of the dispute. According to Article 33, labor inspection shall be carried out by specialized inspectors from among the Ministry’s employees, and they shall have the powers and competencies related to monitoring the proper implementation of the provisions of the Decree-Law, this Resolution, and the legal regulations, and providing employers and workers with information and technical guidance. grievance Both parties to the work relationship may, according to Article (35), appeal against the decisions issued by the Ministry, provided that the request is submitted through the channels specified by the Ministry to its Grievance Committee within (30) thirty days from the date of knowledge of the decision. In exceptional emergency cases determined by a decision of the Council of Ministers, work mechanisms may be applied that are commensurate with the circumstances of those cases, and in which the interests of all parties in the labor relationship are taken into account, and among these mechanisms, for example, but not limited to, the application of the remote work system, granting the worker paid leave. Granting the worker unpaid leave, reducing the worker's wages.