The Federal Decree-Law no. 33 of 2022 Is the biggest update to the laws regulating labour relations, which will be effective in the private sectors from Wednesday, February 2, 2022. It'll be having the following key changes in it:
1. 3 Years Contract
2. Full-time, part-time, temporary and flexy work
3. Passport Holding
4. Probation period
5. Paid leaves
6. Changing Jobs
7. Job for teenagers
8. Working hours
9. Overtime
10. Employees Protection against bullying
11. Maternity Leave
12. Women rights
13. 1 Year Work Ban
3 Year Contract:
As we all know earlier, we had 2 types of contracts rule that is limited and unlimited employment contracts also the formula for calculating end-of-service gratuity benefits, leaving a job and other entitlements were different.
Now according to the new law, only one type of contract, named Limited or Fixed-Term contract will be there and the duration for this contract will be 3 years (Maximum) and can be renewed for a similar or lesser period as per the agreement between the employee and employer.
In that way, the new law has lessened the contract type complexity and made all the entitlements the same, regardless of what sort of agreement you hold, and whether you have resigned or terminated.
Full-time, Part-Time, Temporary and Flexy Work Hours
One of the major changes in the new forms of work have been introduced under the law this is part-time work, temporary work, and flexible work.
This will allow a person to work for more than one employer for a specific number of hours or days.
The new labour law 2022 (Federal Decree-Law No 33 of 2021) carries flexibility to the law. Employees and employers feel relaxed. The important thing to keep in mind is that these part-time or temporary work rules do not apply to employees in the public sector and domestic workers.
Probation Period Rule
According to the new UAE labour law, the probation period should not be more than 6 months, and if the employer wants someone to leave their company, then they are required to give a minimum of 14-day notice in writing before the date specified for ending their employment contract.
Earlier as we all know that the employer could terminate during probation at any time without any written notice and for any reason. But now immediate termination is no longer allowed.
The notice period from the employee (staff) to the employer (company) is also updated and is now depends on the reason, why the employee is leaving a job?
Employees can also leave the job by giving notice in writing to the employer, that notice period is also updated, now it depends on the reason why the employee is leaving a job?
(i) Switching job inside UAE:
If the employee switches to another company in UAE, then the employee has to give 1 month written notice to the employer. It can be done through email, paper print or even on Whatsapp to company management or HR.
(ii) Switching job Outside UAE and leaving country:
If an employee is into another company outside UAE and wants to leave the UAE then only 14 days of written notice is enough.
However, assuming that the same person comes back to UAE and acquires another work permit inside 3 months from departure date, and starts working with another organization, then the new employer should pay the previous employer (pay equivalent to employee's salary as a compensation), except if there is a written agreement between both parties stating otherwise.
(iii) 1-year ban:
In case an employee leaves the country without keeping the previously mentioned guidelines (notice period), he/she will not be given a work permit to work in the UAE for the next 1 year starting from the date of departure.
As per the new legislation, employers (companies) may not force employees to leave the nation after completing their employment contract or after the termination of a work contract. Instead, workers will be permitted to look or move to another employer.
Paid Leave Rules:
Some paid leaves are also added and approved in the new rule. According to the article, employees are entitled to 1 day off every week. They will also get mourning leaves for 3-5 days depending upon the level of the family relationship of the expired.
Maternity Leave
In the private sector, maternity leave can now be extended to 60 days, Initial 45 days with full salary, and after those 15 days on half salary. New mothers are eligible to apply for additional 45 days of leave as they finish their initial maternity leave period but that will be without pay leave. To apply for an additional 45 days leave they will have to provide supportive documents to apply for additional sick leave.
New moms of newborn children with special needs will be entitled to a 30-days paid leave after the fulfilment of their underlying maternity leave period, which can be extended for an additional 30 days with no salary.
Working Hours and Overtime Rules
According to new work law 2022, employees cannot work for 5 consecutive hours without at least a 1-hour break, it is now strictly prohibited. So, if an employee starts working at 09:00 am then he/she should take 1-hour rest at 02:00 pm.
As per the new law, a maximum of 2 hours of overtime are permitted in 1 day for employees.
In case the job requires more than 2 hours of extra time, then the employee should get an additional time salary comparable to regular hour pay with a 25% increment. For example, Your regular pay is 20 AED per hour then after working more than 2 hours your organization will pay you 25 AED per hour.
In case if in any job employee requires to work extra hours between 10:00 pm and 04:00 am then the employee must get an additional time salary equivalent to regular hour pay with a 50% increase.
Kindly note that individuals who work on shift base system are excluded from the above rules.
If an employee is asked to work on a day off, he/she should get a 1-day leave or an extra time wage or an overtime wage equivalent to the regular day pay with a 50% increase.
New Weekend Rules 2022
On 7th December 2021, UAE has made an announcement about weekend rules. As per that there will be four and half day working week with Friday evening (after 12:00) Saturday, and Sunday will be the new weekend starting from January 1, 2022.
Working days will start from Monday to Friday afternoon. Working hours for government employees are set to be 07:30 am to 03:30 pm with 8.5 working hours each day.
Also Read: New UAE Weekend And Working Hours In 2022 - All Your Questions Answered
The main points about New Weekends are as follows (Starting from January 1, 2022)
1. The new weekend framework to apply in Federal Government authorities and companies.
2. Regular working hours are from 07:30 am to 03:30 pm.
3. Working hours on Friday are from 07:30 am to 12:00 pm (4.5 hours).
4. Flexible working hours are possible on Friday.
5. Possibility of work-from-home on Friday.
6. Friday prayers to be held after 01:15 pm.
Jobs for Teenagers
According to the new law, teenagers at the age of 18 are allowed to work under the following terms and conditions:
1. Company cannot recruit minors below 15 years of age.
2. Teenagers are not allowed to work more than 6 hours a day.
3. 1-hour break is a must in 6 hours of work.
4. Teenagers will be permitted to work solely after giving written consent to a guardian.
5. Teenagers are not permitted to work on shifts from 07:00 pm – 07:00 am.
6. Jobs having risk cannot be done by teenagers.
New Rules for Part-Time Jobs
One of the major changes in the law is that now it includes part-time work, temporary work, and flexible work.
The new law permits an individual to work for more than one employer for a particular number of hours or days.
There will be no changes for Public Sector and Domestic Staff
The new work law 2022 (Federal Decree-Law No 33 of 2021) carries flexibility to the law that thinks about both the employee and employer. The thing to be noticed is that this part-time or temporary work law is not applicable in the public sectors and domestic workers.
Other important key points of UAE Labour Law 2022 are
1. The new law offers more assurance to workers against harassment, and it denies segregation dependent on race, gender, colour, nationality, religion, or disability.
2. Employers can't keep workers' documents, including passports.
3. Employers cannot charge employees recruitment fees.
4. Employees will no longer pay legitimate charges when filing labour cases against employers (company, boss, HR) for compensation less than Dh100,000.
5. In the instance of an employee's death, the company should pay the gratuity benefits and any outstanding amount to their family member within 10 days with the cost of repatriating the body.
6. Employees are additionally given 1 month from the end of the agreement to vacate accommodation paid for by the organization.