Labor Cases

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Labor disputes are considered before the competent departments of labor complaints at “Ministry of Human Resources and Emiratization “,in accordance with the applicable labor law in UAE.

Of the most prominent provisions which have been stipulated in on the new Federal Labor Law No. 33 of 2021 are as follows :

– Article (54) : “A lawsuit regarding any of the rights arising under the provisions of this Decree-Law shall not be heard after the lapse of one year from the due date of the right in question.”

– Article No. (43) : “any of the two parties to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and committed to work during the period of warning agreed upon in the contract. The period of the notice shall not be less than (30) thirty days, and not more than (90) ninety days.

– The third paragraph of Article No. (8) stipulated that work contracts should be for a fixed term and does not exceed (3) three years, renewable.

– In accordance with Article 55 of the aforementioned Labor Law : labor lawsuits are exempted from judicial fees at all stages of litigation, execution, and requests made by employees or their heirs, provided that their value does not exceed one hundred thousand dirhams.

– In case the lawsuit is being circulated at the court, the worker may obtain a temporary work permission, to work for another employer, until the employee’s case is settled

– The employer may add a non-competition clause in the employment contract, provided the employer is not exaggerating or abuse using this condition. The aforementioned clause shall not be for more than one year from the end of service date.

The law also stated some new types of work as follows:

– Full time work,  to work for one employer for the full daily working hours throughout the working days.

– Part-time work, to work for an employer (s) for a specified working hours or days.

– Temporary work, the work whose nature requires the employee to work a specific period of time, or to be limited to a specific mission to be executed and employment relation ends by completing such mission.

– Flexible work, a type of work on which the working hours and days change according to the volume of work and the economic and operational variables at the employer’s. The worker may work for the employer at flexible hours according to work conditions and requirements.

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