Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones

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 Competencies of the Ministries and Powers of the Ministers and its amending laws; Federal Decree-Law No. (32) of 2021 on Commercial Companies; Federal Decree-Law No. (45) of 2021 on the Protection of Personal Data; And based on what was presented by the Minister of Human Resources and Emiratisation, and the approval of the Council of Ministers,

Hereby promulgate the following Decree-Law:

CHAPTER ONE: DEFINITIONS AND GENERAL PROVISIONS

Article (1): Definitions In the application of the provisions of this Decree-Law, the following words and expressions shall have the meanings assigned to each of them, unless the context otherwise requires:

1. The State: The United Arab Emirates.
2. The Ministry: The Ministry of Human Resources and Emiratisation.
3. The Minister: The Minister of Human Resources and Emiratisation.
4. The Employer: Any natural or legal person who employs one or more workers in return for a wage, and is subject to the provisions of this Decree-Law, whether he is the owner of the establishment or the manager thereof, or any official responsible for the establishment.
5. The Worker: Any natural person who performs work in return for a wage for the benefit of an employer and under his management or supervision, even if he is outside the employer’s direct supervision.
6. Establishment: Any economic unit, technical, industrial, commercial, agricultural or service unit, or any other unit in which workers are employed.
7. Wage: The basic wage, in addition to the allowances, benefits in kind, and cash benefits decided for the worker in return for his work.
8. Basic Wage: The wage stipulated in the employment contract, which is paid to the worker in return for his work, and does not include any other allowances or benefits in kind.
9. Employment Contract: An agreement concluded between the employer and the worker, whether for a definite or indefinite period, under which the worker undertakes to work for the employer and under his management or supervision in return for a wage.
10. Work Permit: A document issued by the Ministry to the employer, allowing him to employ a foreign worker.
11. Part-time Work: Work whose regular working hours are less than the regular working hours determined for full-time work.
12. Temporary Work: Work that is performed for a specific period of time or for a specific task, and ends with the expiry of the period or the completion of the task.
13. Flexible Work: Work whose working hours or days change according to the employer’s need and the worker’s requirements, and it may be full-time or part-time.
14. Remote Work: Work that is performed by the worker from outside the workplace, using information and communication technology.
15. Shared Job: Dividing the tasks of a single job between more than one worker, provided that the total working hours of the workers are equal to the regular working hours for one full-time job.
16. Juvenile: A worker who has reached the age of 15 and has not reached the age of 18.
17. Discrimination: Any distinction, exclusion or restriction based on race, colour, sex, religion, national origin, social origin, or disability, which has the effect of nullifying or impairing equality of opportunity or treatment in employment, or depriving or infringing upon the rights of others.
18. Sexual Harassment: Any verbal, physical or symbolic behaviour that is sexual in nature and that affects the dignity of the worker, or creates an intimidating, hostile or offensive work environment, or is used as a basis for making decisions affecting the worker.
19. Bullying: Any repeated and systematic behaviour that is abusive, intimidating or humiliating to the worker, or that creates an intimidating, hostile or offensive work environment.
20. Forced Labour: Any work or service exacted from any person under the threat of any penalty and for which the said person has not offered himself voluntarily.
21. Occupational Safety and Health: A set of measures and procedures aimed at protecting workers from occupational hazards, and providing a safe and healthy work environment.
22. Occupational Diseases: Diseases caused by work or exposure to occupational hazards.
23. Work Injury: An injury that occurs to the worker during work or because of it, or during his going to or returning from work, provided that the going and returning are without interruption or deviation from the normal route.
24. Disciplinary Sanctions: Sanctions imposed by the employer on the worker in the event of his violation of the provisions of this Decree-Law, its executive regulations, resolutions issued for its implementation, or the internal regulations of the establishment.
25. Executive Regulations: The Executive Regulations of this Decree-Law.

Article (2): Scope of Application The provisions of this Decree-Law shall apply to all establishments, employers and workers in the State, whether they are in the mainland or in free zones. The provisions of this Decree-Law shall not apply to the following categories:

1. Employees of federal and local government entities.
2. Employees of the armed forces, police and security.
3. Domestic workers.
4. Workers in family businesses, where the employer is a relative of the worker up to the second degree. The Executive Regulations shall specify the rules and conditions for employing the categories excluded from the provisions of this Decree-Law, and the rights and duties of these categories.

Article (4): Principles The provisions of this Decree-Law shall be interpreted and applied in accordance with the following principles:

1. The principle of freedom of contract, unless it contradicts the provisions of this Decree-Law or public order.
2. The principle of protecting the worker, especially in cases of imbalance of power between the parties to the employment relationship.
3. The principle of flexibility in the employment relationship, taking into account the interests of both parties.
4. The principle of equal opportunities and non-discrimination.
5. The principle of transparency and clarity in the employment relationship.
6. The principle of good faith in the performance of obligations.

Article (5): Public Order The provisions of this Decree-Law are considered to be of public order. Any agreement or condition that contradicts its provisions shall be null and void, unless it is more beneficial to the worker.

Article (6): Competent Authority The Ministry shall be the competent authority to implement the provisions of this Decree-Law and its Executive Regulations, and to issue the necessary resolutions for its implementation.

Article (7): Language of the Contract The employment contract, records, files and instructions provided for in this Decree-Law shall be in Arabic. A translation into another language may be added to them, and in the event of a dispute, the Arabic text shall prevail.

Article (8): Calculation of Periods The periods stipulated in this Decree-Law shall be calculated in Gregorian calendar days, unless otherwise specified.

Article (9): Judicial Fees No judicial fees shall be imposed on any lawsuits filed by workers or their heirs for all claims arising from the employment relationship, provided that the value of the claim does not exceed (100,000) one hundred thousand Dirhams.

Article (10): Executive Regulations The Council of Ministers shall issue the Executive Regulations of this Decree-Law within six months from the date of its publication.

CHAPTER TWO: EMPLOYMENT AND WORK PERMITS

Article (11): Employment of Nationals The Ministry shall set the necessary controls and procedures to encourage and support the employment of nationals in the private sector, and to provide them with training and qualification opportunities.

Article (12): Employment of Foreigners No foreign worker may be employed in the State without obtaining a work permit from the Ministry in accordance with the provisions of this Decree-Law and its Executive Regulations.

Article (13): Types of Work Permits The Executive Regulations shall specify the types of work permits, their conditions, procedures for their issuance, renewal and cancellation, and the fees prescribed for them.

Article (14): Prohibition of Discrimination Without prejudice to the provisions of Article (3) of this Decree-Law, any discrimination that would impair or nullify equality of opportunity or treatment in employment or deprive or infringe upon the rights of others shall be prohibited.

Article (15): Prohibition of Forced Labour Forced labour shall be prohibited. Any agreement or condition that leads to forced labour shall be null and void.

Article (16): Prohibition of Sexual Harassment and Bullying Sexual harassment, bullying, or any verbal, physical or symbolic behaviour that is sexual in nature and that affects the dignity of the worker, or creates an intimidating, hostile or offensive work environment, or is used as a basis for making decisions affecting the worker, shall be prohibited.

Article (17): Employment of Juveniles It is prohibited to employ juveniles in the State before they reach the age of 15. The Executive Regulations shall specify the conditions and controls for employing juveniles, the types of work in which they may be employed, and the maximum working hours for them.

Article (18): Employment of Women Without prejudice to the provisions of this Decree-Law, women shall be employed in all jobs that are commensurate with their nature, and they shall not be discriminated against in wages, jobs, or opportunities for training and promotion. The Executive Regulations shall specify the types of work in which women may not be employed, and the conditions and controls for their employment in other jobs.

Article (19): Employment of Persons with Disabilities The Ministry shall set the necessary controls and procedures to encourage and support the employment of persons with disabilities, and to provide them with training and qualification opportunities. The Executive Regulations shall specify the conditions and controls for employing persons with disabilities, and the types of work in which they may be employed.

Article (20): Recruitment Agencies The Executive Regulations shall specify the conditions and controls for licensing and regulating recruitment agencies, and their obligations towards workers and employers.

Article (21): Medical Examination The worker shall undergo a medical examination before employment and periodically thereafter, in accordance with the conditions and controls specified by the Executive Regulations.

Article (22): Probationary Period The employer may employ the worker on a probationary basis for a period not exceeding six months from the date of commencement of work. The employer may terminate the employment contract during the probationary period without notice, provided that he pays the worker all his entitlements for the period of his work. The worker may terminate the employment contract during the probationary period by giving the employer a notice of not less than 14 days. The Executive Regulations shall specify the conditions and controls for the probationary period.

Article (23): Employment Contract The employment contract shall be in writing, and shall specify the type of work, the wage, the duration of the contract, and any other conditions agreed upon by the parties, provided that they do not contradict the provisions of this Decree-Law. The Executive Regulations shall specify the model employment contract, and the data that must be included in it.

Article (24): Duration of the Contract The employment contract shall be for a definite period, which may not exceed three years, and may be renewed for similar periods. The Executive Regulations shall specify the conditions and controls for the duration of the contract.

Article (25): Obligations of the Employer The employer shall be obliged to:

1. Provide a safe and healthy work environment for workers.
2. Pay wages on time, and in accordance with the provisions of this Decree-Law and its Executive Regulations.
3. Provide appropriate accommodation and transportation for workers, if stipulated in the employment contract.
4. Provide appropriate training and qualification for workers, if required by the nature of the work.
5. Respect the dignity of workers, and refrain from any form of discrimination, harassment or bullying.
6. Issue a work certificate to the worker upon the termination of the employment relationship, upon his request.
7. Bear the costs of recruitment and employment of the worker, and the costs of his return to his home country upon the termination of the employment relationship, unless the worker terminates the contract for reasons other than those stipulated in this Decree-Law.
8. Any other obligations stipulated in this Decree-Law, its Executive Regulations, or the employment contract.

Article (26): Obligations of the Worker The worker shall be obliged to:

1. Perform the work assigned to him with due diligence and care, and in accordance with the instructions of the employer.
2. Preserve the secrets of the establishment, and not disclose them to others.
3. Preserve the tools and equipment of the establishment, and not misuse them.
4. Abide by the internal regulations of the establishment, and the instructions issued by the employer.
5. Cooperate with the employer to achieve the objectives of the establishment.
6. Any other obligations stipulated in this Decree-Law, its Executive Regulations, or the employment contract.

Article (27): Working Hours The maximum regular working hours shall be eight hours per day, or forty-eight hours per week. The Executive Regulations shall specify the cases in which the regular working hours may be reduced, and the conditions and controls for overtime work.

Article (28): Rest Periods The worker shall be entitled to one or more rest periods during the working day, provided that the total rest periods are not less than one hour, and that the worker does not work for more than five consecutive hours without a rest period. The Executive Regulations shall specify the conditions and controls for rest periods.

Article (29): Weekly Rest The worker shall be entitled to a weekly rest of not less than one day, which shall be Friday. The Executive Regulations shall specify the cases in which the weekly rest may be changed, and the conditions and controls for it.

Article (30): Official Holidays The worker shall be entitled to official holidays with full pay, in accordance with the resolutions issued by the Council of Ministers.

Article (31): Annual Leave The worker shall be entitled to an annual leave of not less than 30 days for each full year of service. The Executive Regulations shall specify the conditions and controls for annual leave, and the cases in which it may be carried over or compensated for.

Article (32): Sick Leave The worker shall be entitled to sick leave with full pay for the first 15 days, and with half pay for the next 30 days, and without pay for any period thereafter, provided that he submits a medical report issued by a medical authority approved by the Ministry of Health and Prevention. The Executive Regulations shall specify the conditions and controls for sick leave.

Article (33): Maternity Leave The female worker shall be entitled to maternity leave with full pay for a period of 60 days, of which 45 days shall be before the expected date of delivery, and 15 days after delivery. The Executive Regulations shall specify the conditions and controls for maternity leave.

Article (34): Paternity Leave The male worker shall be entitled to paternity leave with full pay for a period of 5 days, which may be taken within six months from the date of birth of his child.

Article (35): Study Leave The worker shall be entitled to study leave with full pay for a period of 10 days per year, for the purpose of taking examinations, provided that he is enrolled in an approved educational institution.

Article (36): Unpaid Leave The worker may be granted unpaid leave with the consent of the employer, and the period of unpaid leave shall not be included in the period of service for the purpose of calculating end of service gratuity.

Article (37): End of Service Gratuity The worker who has completed one year or more of continuous service shall be entitled to an end of service gratuity upon the termination of his employment relationship. The gratuity shall be calculated on the basis of the basic wage, as follows:

1. A wage of 21 days for each of the first five years of service.
2. A wage of 30 days for each year of service thereafter. The total end of service gratuity shall not exceed two years' wages. The Executive Regulations shall specify the conditions and controls for end of service gratuity, and the cases in which it may be reduced or forfeited.

Article (38): Termination of Employment Contract The employment contract shall be terminated in any of the following cases:

1. Mutual agreement of the parties.
2. Expiry of the contract period, unless it is renewed.
3. Death of the worker.
4. Total permanent disability of the worker.
5. Resignation of the worker, in accordance with the provisions of this Decree-Law.
6. Dismissal of the worker, in accordance with the provisions of this Decree-Law.
7. Any other cases stipulated in this Decree-Law or its Executive Regulations.

Article (39): Notice Period Either party to the employment contract may terminate the contract by giving the other party a written notice of not less than 30 days, unless a longer period is agreed upon. The Executive Regulations shall specify the conditions and controls for the notice period.

Article (40): Termination without Notice The employer may terminate the employment contract without notice in any of the following cases:

1. If the worker assumes a false identity or submits forged certificates or documents.
2. If the worker commits a mistake that results in gross material losses to the employer, provided that the employer notifies the Ministry of the incident within 48 hours of his knowledge thereof.
3. If the worker violates the instructions related to occupational safety and health, provided that these instructions are in writing and displayed in a prominent place, and the worker is aware of them.
4. If the worker fails to perform his basic duties under the employment contract, and fails to remedy such failure despite a written investigation with him and a warning that he will be dismissed if he repeats it.
5. If the worker discloses the secrets of the establishment.
6. If the worker is found during working hours in a state of intoxication or under the influence of a narcotic drug.
7. If the worker assaults the employer, the manager in charge, or any of his colleagues during work.
8. If the worker is absent from work without legitimate reason for more than 20 intermittent days in one year, or more than 7 consecutive days.
9. If the worker exploits his position to obtain personal gains or benefits.
10. If the worker works for another employer during his working hours without the consent of his original employer. The Executive Regulations shall specify the conditions and controls for termination without notice.

Article (41): Termination by Worker without Notice The worker may terminate the employment contract without notice in any of the following cases:

1. If the employer fails to fulfil his contractual or legal obligations towards the worker.
2. If the employer or his representative assaults the worker.
3. If the worker is assigned to perform work that is fundamentally different from the work agreed upon in the employment contract, without his written consent.
4. If the worker is exposed to a serious danger in the workplace that threatens his safety or health, provided that the employer is aware of the danger and fails to take the necessary measures to remove it.
5. If the employer commits fraud or deception when concluding the employment contract. The Executive Regulations shall specify the conditions and controls for termination by the worker without notice.

Article (42): Compensation for Unjustified Termination If the employer terminates the employment contract for reasons other than those stipulated in this Decree-Law, the termination shall be considered unjustified, and the employer shall compensate the worker for the damages incurred by him. The amount of compensation shall be determined by the competent court, taking into account the nature of the work, the extent of the damage incurred by the worker, and the period of service. The compensation shall not be less than three months' wages.

Article (43): Transfer of Workers The employer may transfer the worker from one job to another, or from one place of work to another, provided that the transfer does not entail a fundamental change in the nature of the work or a reduction in the wage, and that the worker's written consent is obtained. The Executive Regulations shall specify the conditions and controls for the transfer of workers.

Article (44): Death of Employer The employment contract shall not be terminated by the death of the employer, unless the contract is concluded for personal considerations related to the employer. The heirs of the employer shall be obliged to fulfil the obligations arising from the employment contract.

Article (45): Death of Worker The employment contract shall be terminated by the death of the worker. The employer shall pay to the heirs of the worker all his entitlements, including the end of service gratuity, within 10 days from the date of death.

Article (46): Occupational Safety and Health The employer shall provide a safe and healthy work environment for workers, and shall take all necessary measures to protect them from occupational hazards. The worker shall abide by the instructions related to occupational safety and health, and shall use the personal protective equipment provided by the employer. The Executive Regulations shall specify the conditions and controls for occupational safety and health.

Article (47): Occupational Diseases and Work Injuries The employer shall be obliged to compensate the worker for occupational diseases and work injuries, in accordance with the provisions of this Decree-Law and its Executive Regulations. The Executive Regulations shall specify the types of occupational diseases, the procedures for reporting work injuries, and the amount of compensation.

Article (49): Penalties Without prejudice to any harsher penalty stipulated in any other law, any person who violates the provisions of this Decree-Law or its Executive Regulations shall be punished with the penalties stipulated in this Decree-Law. The Executive Regulations shall specify the penalties for violating the provisions of this Decree-Law and its Executive Regulations.

Article (50): Repeal Federal Law No. (8) of 1980 concerning the Regulation of Labour Relations and its amending laws shall be repealed. Any provision that contradicts the provisions of this Decree-Law shall be repealed.

Article (51): Transitional Provisions The employment contracts concluded before the date of entry into force of this Decree-Law shall remain valid, provided that their provisions do not contradict the provisions of this Decree-Law. The employer shall amend the employment contracts to comply with the provisions of this Decree-Law within one year from the date of its entry into force. The Executive Regulations shall specify the conditions and controls for the transitional period.

Article (52): Publication and Commencement This Decree-Law shall be published in the Official Gazette and shall come into force as of 02/02/2022.

Issued by us in the Presidency Palace in Abu Dhabi on: 29/08/2021 AD Corresponding to: 21/01/1443 AH

Khalifa bin Zayed Al Nahyan President of the United Arab Emirates