INTRODUCTION
The employment law is considered a guardian of labor rights. The new Labor law was introduced recently and termed as federal decree-law no. (33) Of 2021 regarding the Regulation of labor relations (in the future to be referred to as “Labour Law”), which ensures the protection of labor rights effectively as it applies to private companies. Moreover, the Labour Law provides such protection to the laborers that in case any dispute arises between the employee and employer, then it is very easy for the employee to recourse to their remedy as per the law simply by approaching the concerned website of the Ministry of human resources and or by closing the Amer center.
The new Labor law provides various other options for working of the employees but only after attaining the requisite permission from their employer. In other words, dual employment is allowed as per the Labour Law, but only after having approval from the present employer. Moreover, on the other hand, the law imposes heavy penalties and fines upon the employer if he does not carry out the mandatory obligations of the law. Thus, in this present article, we will be dealing with the one of the most basic and general questions which are being raised in the mind of employers and employees. The said questions are being mentioned in question-and-answer form to better understand the reader.
What is the meaning of Employment Contract?
Our employment lawyer in Dubai states that:
Employment Contracts are the contract being executed between the employer and employee. The extract of this definition is craved out directly from the law regulating the relationship between Employer and Employee and the same is mentioned below:
Article 1 of the Labour Law states as follows:
“Employment Contract: Every Agreement concluded between the employer and worker, under which the latter is committed to working for the service of the employer and under its supervision and guidance, in consideration of a wage payable by the employer, under the standard contract forms defined by the implementing regulation hereof.”
Thus, for better understanding of the reader we have converted this definition into four essential elements which are mentioned below:
- The conclusion of the employment contract shall not require writing to be concluded between the employer and the worker.
- The worker’s commitment to work for the employer shall be under the employer’s supervision and direction.
- Remuneration shall be paid against work done by the employee.
- Contracting shall be as per the contract forms specified by the Implementing Regulations of Decree No. 1 of 2022 in the Implementing Regulations of Federal Labor Law No. 33 of 2021.
It is pertinent to mention here that all the contracts which are being formulated between the Employer and Employee need to be registered with the Ministry of Labour, and an extra copy is to be retained by the employee.
What does the Employment Contract shall possess as per the new Labor law?
Our Employment Lawyer in Dubai provides you with the basic elements which are mandatory to be included in the employment contract as per cabinet resolution no. (1) of 2022 on the implementation of federal decree-law no. (33) Of 2021 regarding the Regulation of labour relations. The said elements are mentioned below:
- The employment contract shall contain the worker’s name and address.
- The employment contract shall contain the worker’s name, nationality, date of birth, requirements of ID, qualification, and Job, or profession.
- The employment contract shall contain the date of joining the work, the place of work, working hours and leave days.
- The employment contract shall contain the probationary period, if any, the contract term, and the agreed-upon remuneration, including benefits and allowances.
- The employment contract shall contain the due annual leave period and the notice period.
- The employment contract shall contain the procedures for terminating the employment contract.
- The employment contract shall contain any other details approved by the Ministry to regulate the relationship between both parties.
Whether new clauses can be introduced in the existing employment contract?
The worker and the employer may agree to introduce new clauses on the approved contract forms, provided that they shall comply with the provisions of the Federal Labor Law, resolutions, and legal rules. Thus the type of work can be altered or changed but after the meeting of certain requirements which are mentioned under Article 10 of the cabinet resolution and are also mentioned below for your better understanding:
- The employee and the worker shall be in agreement with each other.
- All dues arising out of the first contract shall be fulfilled.
- The procedures specified by the Ministry shall comply.
How many types of contracts are there as per Labour Law?
Our Employment Lawyer states that:
There are four types of contracts described as per the labour law, which are as follows:
- Full-time
- Part-time
- Temporary
- Flexible
- Any other types determined in the Implementing Regulations.
The types of employment contract as per the Implementing Regulations of the Federal Labor Law are:
- Remotely
- Job sharing
Thus, we see the total number of contracts as per Labour Law and including Implementing Regulation then the answer is six, the said types are mentioned hereinunder:
- Full-time employment contract
- Part-time employment contract
- Temporary employment contract
- Flexible employment contract
- Remote employment contract
- Job sharing employment contract
Therefore, the nature of the contract shall be specified, and in terms of the Labour Law, none of the employment contract can be executed for the unlimited time period and shall not exceed three years at once.
How can we help you?
Nour Attorneys Law Firm tends to provide you with one of the best Employment lawyers in Dubai, which are always ready to assist you in employment disputes and will ensure in providing one of the best legal documents drafting and contact review services.
Our law firm is known for providing the best Business Lawyers in Dubai who are always ready to assist you and protect your interest at every stage of dispute. Therefore, never think before approaching us as we are your Legal Partner in Commercial and Business Affairs.
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