New UAE Labour Law: All the rules employers need to follow

Dubai: Whether it is the role of ensuring a safe work environment for staff members, or providing them with the support they need to develop their skills as employees, companies in the UAE’s private sector have various responsibilities as employers in the job market.

Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, which comes into effect from February 2, 2022, covers various aspects of the relationship between employers and employees in the private sector workforce.

Article 13 of the same law, titled ‘Obligations of employer’, lists all the duties companies need to fulfil and their responsibilities towards their employees.

The law also regulates other aspects of work life in the UAE, including putting a cap on the maximum number of working hours, providing various leave options to workers and listing the situations when an employer is entitled to deduct the salary of a worker.

Here is what the law says about the obligations of an employer:

Article (13) Obligations of Employer

The employer shall:

1. 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 two years following the date of end of service of the worker.

2. Not seize the official documents of the worker, or force him to leave the UAE after the end of the work relationship.

3. Put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant to the controls set by the Executive Regulations of this Decree-Law.

4. Provide an appropriate accommodation licensed by the competent entities for the worker in accordance with the rules, conditions and standards applicable in the UAE, or pay him a housing allowance in cash or include the same in the wage.

5. Invest in developing skills of his workers, and procure the minimum training and empowerment tools and programmes according to the provisions of this Decree Law and its Executive Regulations.

6. 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 to the work observe the security and safety requirements, in accordance with the provisions of this Decree-Law and its Executive Regulations and the relevant legislation in force.

7. Take whatever measure is 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.

8. Bear healthcare costs in accordance with the legislation in force in the UAE.

9. Bear the costs of insurances, contributions and securities specified by the legislation in force.

10. Not allow the worker to be employed by others unless in compliance with the provisions of this Decree-Law.

11. Provide the worker, upon the latter's request at the expiry of the employment contract, 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 contract, provided that the certificate does not include anything which might harm the reputation of the worker or reduce his opportunities of finding a job.

12. 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 to the worker; in which case, the costs shall be borne by the latter.

13. Provide a safe and appropriate working environment.

14. Any other obligations prescribed by the provisions of this Decree-Law and its Executive Regulations or by decisions of the Cabinet or any other legislation in force in the UAE.