Labour Lawyers in UAE
Employment Lawyers in UAE
This is also called employment law, but in the United Arab Emirates (UAE), people usually refer to it as labour law. This is all about the relationship of the employers to their employees.
Every nation has a distinct set of laws or regulations that control the relationship between an employer and employee. Companies that intend to hire employees for their organizations should adhere to specific requirements. There are guidelines for the tasks these employees must do when, and how. Employment law, often known as labor law, establishes the rights and obligations of the parties to an employment contract and regulates the relationship between the employer and the employee. Labor law regulations are mainly created to protect employees and guarantee their treatment equitably while advancing companies’ interests.
Once an employer hires an employee, a contract based on contract law exists between the employer and the employee. The written terms and conditions of the job outlined in a written employment contract clarify expectations and develop confidence. A formal employment contract prevents uncertainty and conflict concerning the terms and conditions of employment that were agreed upon. Your workers will be discouraged from filing false claims if you provide them with a documented employment contract.
Law governing Labour Law in the UAE
The employer-employee relationships in the private sector are governed by Federal Decree Legislation No. 33 of 2021 on the Regulation of Labor Relations in the Private Sector (the UAE Labour law). Every Company, employee, and employer operating in the private sector must abide by the law’s stipulations. As of February 2, 2022, the legislation is in force. Federal Law No. 8 from 1980 was repealed as a result.
Application of the UAE Labour Law
All UAE workers, whether citizens or foreigners, must abide by the law. But it does not apply to:
- Employees and the working staff of employees and workers of the federal government and the local government entities.
- personnel from the armed forces, police, and security
- Domestic servants.
Fixed-term contracts under UAE Labour Law
- The ‘UAE Labour Law’ (which went into effect on February 2, 2022), a worker may be engaged on a fixed-term employment contract for up to three years.
- The term may be extended or renewed for a similar or lesser period. In case the contract is not renewed or extended when it expires, and the parties continue to execute their contractual responsibilities. In that case, the contract is renewed under the same terms and circumstances as the original contract.
- Any extension or renewal of the employment contract terms will be included in the calculation of an employee’s end-of-service benefits
Types of Work Model under the UAE Labour Law
The following four types of work Models are permitted under labour law:
Work arrangement types
The following four types of employment arrangements are permitted under labour law:
- Full time: An employee under this arrangement devotes all their time to one employer.
- Part-time: One or more employers employ an employee under such a contract for a certain number of hours or days.
- Temporary work: In this arrangement, an employee works on a specific task, and the contract expires when it is finished.
- Flexible Working: According to the employer’s business requirements, working hours or days may fluctuate under this arrangement.
Labour Lawyers in Dubai, UAE
HHS Lawyers & Legal Consultants is composed of a team of the best lawyers in Dubai, having lawyers in Abu Dhabi and the other Emirates. We offer various services, like UAE labour law legal advice, to make you a respectful and responsible employer. It is essential for us that employers know the laws regarding employment and how to best comply with them. That is why as UAE labour law consultants, we ensure that you are well informed concerning everything about this and provide you with labour law advice in Dubai.
We have been one of the leading labour law firms in Dubai for more than ten years. Our expert lawyers with a thorough understanding of the local legal system and practices would provide you with an excellent service, upholding universal standards. The unmatched quality of our service would relieve you from any burdens or embarrassment, accrediting you as a good corporate citizen.
What Services Do HHS Labor & Employment Lawyers Provide?
HHS Labour & Employment Lawyers are specialized in the UAE labour law. We provide complete advice and representation on employee-employer relations. We have experience in advising on a wide range of matters, including the following:
- Drafting and Review of Employment Contracts: Our lawyers at HHS Lawyers draft and review employment contracts tailored to best suit your business needs, taking various factors into consideration, such as the business objectives, nature of activities, location of your company, and the relevant licensing authority whether it be in the main land or free zone. We make sure that your employment contracts are designed to meet your particular business objectives, while adhering to the law.
- Guidance on Employment Policies and Handbooks: An effective Employee Handbook is one of the most important tools for ensuring clear communication that will help avoid potential legal problems and increase employee satisfaction. We at HHS Lawyers specialize in drafting employee handbooks tailored to meet the explicit needs of businesses in the UAE in compliance with the law.
- Non-Competition and Confidentiality Clauses: Our employment lawyers in Dubai can help you incorporate non-competition and confidentiality provisions into employment contracts. We take care that such clauses are legally drafted to be implemented under UAE law and DIFC regulations.
- Breach of Confidentiality: The breach of confidentiality and trade secrets is a matter of prime consideration for your business. At HHS Dubai Lawyers, we deal with cases relating to misappropriation and breach of confidentiality covenants set out under employment contracts. The lawyers at our firm have expertise in dealing with situations related to the protection of sensitive information about your business and your interests.
- Unfair Dismissal Cases: In case of issues related to unfair dismissal or unlawful termination, we have the best lawyers to handle your claim. We undertake litigation against former employers in claims arising from wrongful termination, salary claims, end-of-service benefits, and claims for compensation for unfair dismissal and repatriation expenses. With years of experience in UAE labor laws, our team works hard on protecting the rights of our clients so that they get fair settlements.
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Labour Lawyers in UAE Services include but not limited to the following:
- Drafting employment contract
- Providing the legal assistant in hiring process
- Employment handbooks
- Disciplinary procedures
- Litigation advisory
- Corporate support
- Advising employees on their employment rights
- Representing company & employee before MOL
The widespread Labour and Employment Disputes in UAE.
In addition to regularly supporting clients with various employment related disputes, our labour lawyers also provide support to their clients in such areas as:
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Wage payment and salary disputes.
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Unjust dismissal and wrongful termination.
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Controversies on the end of service benefits.
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Employment Contract breaches.
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Issues of employment visa cancellation.
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Labour complaints absconding and MOHRE.
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Confidentiality and non-compete controversies.
Who Can Approach Our Labour and Employment Lawyers in UAE?
HHS Lawyers & Legal Consultants is a law firm that counsels and defends employers and employees throughout the UAE, such as:
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Human resource departments, business owners and employers.
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Professionals and employees (the UAE nationals and the expatriates).
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Top management and other executives.
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Firms in the Mainland and UAE Free Zones.
The Process of resolving labour complaint and dispute in UAE.
The UAE employment disputes usually proceed as follows:
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Lodging a labour complaint in the Ministry of Human Resources and Emiratisation (MOHRE).
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Arbitration between the employer and employee.
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Once mediation fails, the case should be referred to the UAE Labour Court.
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Judgment and court proceedings.
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Imposition of decisions of labour courts.
Our labour attorneys will offer legal advice throughout this process.
End of Service Benefit (EOSB) According to the UAE Labour Law.
The statutory end-of-service benefits according to the UAE Labour Law are eligibility and contractual dependent. Disputes may arise due to:
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Incorrect EOSB calculation
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Termination circumstances
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Contractual breaches
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Employer non-payment
Our attorneys represent employers and employees in terms of EOSB rights and claims.
Employment laws in UAE, Mainland vs Free zone.
In the UAE, there can be various rules that can regulate employment relationships based on the place of operation of the company on the Mainland or in a Free Zone. Although UAE Labour Law is universal, some Free Zones have particular employment laws.
Our labour lawyers provide the appropriate advice on the application and understanding of the employment laws.
FAQ’s – UAE Labour Law
Is a labour complaint in UAE permitted by an employee?
Indeed, workers have the right to resort to MOHRE as a means of lodging labour complaints in the event of differences that arise due to employment reasons.
The duration of labour case under UAE?
The schedule is different based on the magnitude of the conflict and litigation.
Is there UAE labour law of expatriates?
Yes, the UAE Labour Law embraces both the UAE nationals and expatriate workers.
But what should an employer do when they fail to pay salary?
It can be claimed in a court and recovery can be obtained by the employees.
Does Free Zone company obey UAE Labour Law?
The majority of Free Zones comply with the UAE Labour Law with certain regulations.
The role of HHS Labour Lawyers in assisting the client in employment disputes.
HHS Lawyers & Legal Consultants offer full-service legal assistance to include:
Law appraisal and case review.
Representation in labour courts and MOHRE.
Preparation of legal notices and settlement contracts.
Guidelines to the compliance with UAE Labour Law.
