Cabinet Resolution - Executive Regulations Decree-Law No. 33
Cabinet Resolution - Executive Regulations Decree-Law No. 33
Cabinet Resolution - Executive Regulations Decree-Law No. 33
(1) OF 2022
ON THE IMPLEMENTATION OF FEDERAL DECREE-LAW NO. (33)
OF 2021 REGARDING THE REGULATION OF LABOUR RELATIONS
The Cabinet:
- After reviewing the Constitution; and
- Federal Law No. (1) of 1972 regarding the Competencies of Ministries and
Powers of Ministers, and its amendments; and
- Federal Decree-Law No. (33) of 2021 Regarding the Regulation of
Employment Relationships; and
- And Federal Decree-Law No. (47) of 2021 Regarding the United Arab
Emirates National Employment Standards;
- And based on the proposal of the Minister of Human Resources and
Emiratisation, and the approval of the Cabinet,
Has Decided:
Article (1)
Definitions
The same definitions set out in the Decree-Law shall apply hereto. In
addition, the following terms and expressions shall have the meanings
assigned to each, unless the context requires otherwise:
Decree-Law : Federal Decree-Law No. (33) of 2021 Regarding the
Regulation of Labour Relations.
Legal : The resolutions, guidelines and circulars relate to the
Regulations work of the Ministry of Human Resources and
Emiratisation.
Article (2)
Classification of Establishments
Subject to the provisions of Clause (1) of Article (70) of the Decree-Law:
1. Establishments shall be classified according to criteria that include their
economic activity, the number of workers employed, the cultural and
demographic diversity of workers, the compliance with relevant Legal
Regulations and the establishment support to the implementation of the
government objectives related to Emiratisation, training and skills
development.
2. The Cabinet shall based on the Minister’s proposal, issue the necessary
resolutions for the classification of establishments and the privileges
granted to each category of establishment in a manner that enhances the
competitiveness of the labour market.
Article (3)
Classification of Workers
Subject to the provisions of Clause (2) of Article (70) of the Decree-Law:
1. Workers governed by the provisions of the Decree-Law shall be classified
into categories according to criteria that include skill, educational
qualifications, productivity, professional or salary levels, according to
residency status.
2. The Cabinet shall, based on the Minister's proposal, issue the necessary
resolutions for the classification of the skill levels of workers in the labour
Article (4)
Process for the Employment of Juveniles
1. Subject to the provisions of Article (5) of the Decree-Law, it is prohibited
to employ juveniles in the following categories of work and occupations:
a. Work in hazardous or harmful industries.
b. Occupations which by its nature or the circumstances in which it is
carried out is likely to jeopardise their health and safety
2. A decree of the Minister, in consultation with the concerned authorities,
shall determine what constitutes dangerous work or arduous work or work
which by its nature is detrimental to the health, safety or morals of juveniles
3. The employer of the juvenile shall comply with the following procedures:
a. Keeping a special record of the juveniles, including the name and age of
the juvenile, the full name and contact details of his guardian or custodian,
the place of residence of the juvenile and his custodian, the date of his
employment and the work for which he is employed.
b. Insuring the juvenile like regular workers.
c. Training the juvenile to observe standards of occupational safety and
health.
d. Making visible in the workplace the regulations relating to the
employment of juveniles.
4. Charitable, educational and training institutions and the other entities
that have the objective of professionally training and qualifying juveniles
shall be exempted from some provisions of Article (5) of the Decree-Law
and the provisions of this Article, pursuant to the following rules:
a. The institution shall be registered with the government authorities in
charge thereof.
b. Its actual and registered objective shall be professional qualification or
training or charity, educational or volunteer work.
Article (5)
Work Types
1. Subject to the provisions of Article (7) of the Decree-Law, the contract
between the worker and employer shall be according to any of the work
types set out therein, in addition to the following types:
a. Remote work: All or part of the work is performed outside the workplace,
with electronic communication between the worker and the employer in
lieu of physical presence, whether the work is part-time or full-time.
b. Job sharing: The tasks and duties are divided among more than one
worker as agreed upon in advance, and this is reflected in the wages due to
each of them. The workers are dealt with pursuant to the rules of part-time
work.
2. The Ministry may set out other work types, according to the needs of the
labour market.
3. Subject to the provisions of the Decree-Law and this Resolution, both the
worker and the employer shall abide by the clauses of the employment
Article (6)
Types of Work Permits
1. Subject to the provisions of Article (6) of the Decree-Law, the types of
work permits shall be determined as follows:
a. Work permit (recruiting a worker from outside the State): This type of
permit allows establishments registered with the Ministry to recruit a
worker from outside the State.
b. Transfer work permit: This type of permit is issued to allow a non-
national worker to transfer from and to an establishment registered with the
Ministry.
c. Work permit for residents sponsored by their families: This type of
permit is issued to residents who are sponsored by their family and
employed to work in an establishment registered with the Ministry.
d. Temporary work permit: This type of permit is issued to a worker who
is employed for a job, the execution or completion of which is within a
specific period at an establishment registered with the Ministry.
e. One-mission permit: This type of permit allows an establishment
registered with the Ministry to recruit a worker from abroad to complete a
temporary job or a particular project for a specific period.
f. Part-time work permit: This type of permit allows establishments
registered with the Ministry to employ a worker under a part-time contract
where his working hours or working days are less than his full-time
counterparts. The worker may work for more than one employer after
obtaining a permit to do so from the Ministry.
g. Juvenile permit: This type of permit is issued to a person who has
reached 15 years of age but is not over 18 years and is employed at an
establishment registered with the Ministry.
h. Student training and employment permit: This type of permit allows
establishments registered with the Ministry to train or employ a student
who is already in the State and has reached 15 years of age, pursuant to
rules and conditions that ensure appropriate training and work
environment.
i. UAE / GCC national permit: This type of permit allows establishments
registered with the Ministry to employ UAE or GCC nationals.
j. Golden visa holders permit: This type of permit is issued upon the
request of an establishment registered with the Ministry that wishes to
employ a worker holding a golden visa in the State.
k. National trainee permit: This type of permit is issued upon the request
of establishments registered with the Ministry that wish to train a UAE
national, based on his approved academic qualification.
l. Freelance permit: This permit is issued to individuals wishing to
undertake independent self-employment (without being sponsored by a
specific organization or employer in the State and without the condition of
having a valid employment contract, whereby the natural person earns
money by providing his services for a specific period or performing a task
or providing a specific service, whether to individuals or establishments,
Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal
3 Decree-Law No. (33) of 2021 regarding the Regulation of Employment
Relationships
THIS is Not an official translation
whereas this natural person is in no way a worker for those individuals or
establishments.
2. New work permits may be created by resolution of the Minister in
accordance with the provisions of the Decree-Law.
Article (7)
Conditions, Rules and Procedures for Issuing, Renewing and
Cancelling Work Permits
1. Conditions for issuing work permits:
a. Except for the juvenile permit and the student training or employment
permit, the worker should be at least 18 years old,
b. The worker shall meet the conditions provided for in the legislation in
force in this regard, in specialised professions or any other jobs that require
obtaining a licence to practise a profession.
c. The occupation in which the worker will be employed, should be
consistent with the activity of the establishment.
d. The licence of the establishment shall be valid and there shall be no
violations in respect thereof that lead to the suspension of its activity in
accordance with the Legal Regulations.
e. The application for the issuance of the permit shall be filed by the legally
authorised signatory of the establishment.
f. Any other conditions determined by the resolution of the Minister or
whomever he delegates.
2. Procedures for renewing work permits:
a. The submission of the application shall be through the channels specified
by the Ministry
b. Fulfilment of the conditions for issuance.
c. Completion of the required documents and academic qualifications.d.
Payment of the prescribed fees according to the type of permit and the
category of the establishment, in accordance with the approved
establishment classification system.
e. Any other procedures determined by resolution of the Minister or
whomever he delegates.
Article (8)
Free-Lance
1. Free Lance is an independent and flexible work arrangement, whereby
the natural person generates income by providing his services for a
specified period of time or performing a task or providing a specific service,
whether for individuals or establishments, whereas this natural person is in
no way a worker for those individuals or establishments.
2. The Cabinet shall, based on the Minister’s proposal, issue the necessary
resolutions for determining the procedures, rules and mechanisms for
registering freelancers in the Ministry’s systems and for obtaining,
renewing and cancelling the work permit, in a manner that ensures the
enhancement of labour market flexibility and its requirements.
Article (9)
The activity of Employment Agencies
1. Subject to the provisions of Article (6) of the Decree-Law, engaging in the
activity of mediation or temporary employment and outsourcing (singly or
collectively) shall be considered as engaging in the activity of employment
agencies. The following definitions shall be used within the scope of work
for employment agencies:
a. Mediation: Which is the bringing together of both employment parties
and their representatives, negotiating on their behalf the terms of the
employment contract with the aim of establishing an employment
relationship, without the agency becoming a party thereto.
b. Temporary employment and outsourcing: Employing the worker with
the intention of making him available to a third party, whereas the worker’s
relationship becomes a direct one with the agency that outsourced his
services to a third party (the beneficiary).
c. Beneficiary: Any natural or legal person for whom and under whose
supervision the worker is assigned, in accordance with the temporary
employment and outsourcing system, whether for a specific period or the
performance of a task or the provision of a specific service.
d. Agency: Any sole proprietorship or legal entity that undertakes an
activity relating to mediation or temporary employment and outsourcing
and provides the services of one or more workers for a specific period or
the performance of a task or the provision of a specific service to the
beneficiary.
2. The following conditions shall be met to obtain a licence to engage in any
of the agency activities:
a. The person in the sole proprietorship, or any of the partners in the legal
entity, shall not have been convicted of a crime involving moral turpitude
or dishonesty, a crime of human trafficking or the crimes set out in the
Article (10)
Employment Contract
Subject to the provisions of Article (8) of the Decree-Law:
1. The employment contract should include the name and address of the
employer, the name, nationality and date of birth of the worker, proof of his
identity, his qualification, the job or occupation, the date of work
commencement, the workplace, the working hours, the rest days, the
probationary period, if any, the term of the contract, the wage agreed upon
including the benefits and allowances, the annual leave entitlements, the
notice period, the procedures for terminating the employment contract and
any other data determined by the Ministry in order to regulate the
relationship between both parties.
2. The worker and the employer may agree to introduce new clauses to the
approved contract forms, provided that they are in agreement with the
provisions of the Decree-Law, this Resolution and the Legal Regulations.
3. The contract may be changed from one work type to another subject to
the following:
a. Approval of both the worker and the employer.
b. Payment of all the entitlements arising from the original contract.
c. Compliance with the procedures as set out by the Ministry.
4. The worker and the employer shall contract for the work type agreed
upon using the contract forms in the Ministry’s system, namely:
a. Full-time employment contract.
b. Part-time employment contract.
c. Temporary work contract.
d. Flexible work contract.
e. Remote work contract.
f. Job sharing contract.
g. Any other forms of employment contract determined by resolution of the
Minister in accordance with the employment types and workers’
classification approved by the Cabinet.
Article (11)
Issuance of New Work Permits after the Termination of an Employment
Contract during Probationary Period
Article (12)
Rules for Non-Competition Clause
1. Subject to the provisions of Article (10) of the Decree-Law, the following
shall be observed in the application of the non-competition clause stipulated
therein:
a. The geographical scope of application of the clause.
b. The term of the clause, provided that it does not exceed two years from
the contract expiry date.
c. The nature of the work, such that it causes significant harm to the
legitimate interests of the employer.
2. If a dispute arises over the non-competition clause and it is not settled
amicably, the matter shall be referred to the judiciary and the burden of
proving the alleged damage shall lie with the employer.
3. The non-competition clause shall not apply if the reason for terminating
the contract is attributed to the employer or the breach of his legal or
contractual obligations.
4. It may be agreed in writing not to apply the non-competition clause after
the termination of the employment contract.
5. The worker shall be exempted from the non-competition clause stipulated
in Article (10) of the Decree-Law under the following conditions:
a. If the worker or the new employer pays to the previous employer,
compensation not exceeding three months of the worker’s wage as agreed
upon in the last contract, subject to the previous employer’s written consent
thereto.
b. If the contract is terminated during the probationary period.
c. Any professional categories that are in demand in the national labour
market and determined by resolution of the Minister in accordance with the
workers’ classification approved by the Cabinet.
Article (13)
Assigning the Worker to Another Job
1. Subject to the provisions of Article (12) of the Decree-Law, the worker
may be assigned to alternative work that is fundamentally different in
nature from the contractually agreed work, as an exception that is
considered necessary, or to prevent an accident, or to repair damage caused
by the worker. The maximum limit for assigning the worker to such work
shall be of (90) ninety days per year.
Article (14)
Rules Regarding the Organisation of Work
Subject to the provisions of Article (13) of the Decree-Law, establishments
that employ 50 or more workers shall set rules regarding the organisation
of work, such as the regulation of work instructions, penalties, promotions
and rewards, and the procedures for terminating the employment
relationship, subject to the following:
1. The rules shall be set in a manner that does not contradict the provisions
and rules set out in the Decree-Law, the provisions of this Resolution and
the Legal Regulations.
2. They shall include the regulation of penalties that may be imposed on
violating workers and the terms and conditions for imposing these
penalties.
3. The regulation of work instructions shall include the daily working hours,
the weekly rest days, the official holidays and the necessary measures and
precautions to be taken to avoid work injuries and fire hazards.
4. The regulation of promotions and rewards shall include the criteria and
rules related to promotions and rewards.
5. The employer shall inform the worker of the regulations stipulated in this
Article by any available means, and shall make him aware thereof, in a
language he understands.
Article (15)
Working Hours
Subject to the provisions of Article (17) of the Decree-Law:
1. The periods spent by the worker commuting between his place of
residence and the workplace shall be counted within the working hours in
the following cases:
a. Any delay to the worker in transit in case of bad weather and in response
to the warnings of the National Centre of Meteorology regarding weather
changes and fluctuations.
b. Any delay of the worker in transit in employer-provided transportation
in the event of a traffic accident or an emergency breakdown.
c. If the parties expressly agree thereon in the contract.
2. The regular working hours shall be reduced by two hours during the holy
month of Ramadan.
3. The employer may instruct the worker to work overtime over the normal
working hours, provided that the overtime does not exceed two hours per
day unless the work is necessary to prevent the occurrence of a serious loss
or a serious accident or to eliminate or mitigate the effects thereof. In any
case, the total working hours shall not exceed (144) one hundred and forty-
four hours every (3) three weeks.
4. The following categories shall be exempted from the provisions relating
to the maximum working hours:
a. The chairpersons and members of the boards of directors.
Article (16)
Wages
Subject to the provisions of Article (22) of the Decree-Law:
1. The employer shall pay the wages of his workers on their due dates
pursuant to the following conditions, rules and procedures:
a. The wages shall be paid on their due dates as agreed upon in the contract
and in accordance with the regulations and standards set by the Ministry.
b. All establishments registered with the Ministry shall pay the wages of
their workers on their due date through the Wages Protection System or
through any other system approved by the Ministry.
c. All establishments shall submit whatever is required of them to prove
payment of the wages of their workers if requested to do so.
2. The Ministry may take all the legal actions and measures provided for in
the Decree-Law, this Resolution, and the relevant Legal Regulations against
the establishment in the event of non-payment of the agreed wage.
Article (17)
Failure to Enable the Worker to Work
Subject to the provisions of Article (26) of the Decree-Law:
1. The employer shall enable the worker to perform his work, otherwise, he
shall be required to pay his agreed wage.
2. If the failure to enable the worker to perform his work is due to
circumstances beyond the employer’s control, the employer shall inform the
worker thereof along with guaranteeing the payment of his wages.
3. If the worker wishes to quit his job, he shall notify the employer. In any
case, the worker may file a labour complaint in accordance with the
applicable Legal Regulations.
4. The Ministry may, upon submission of the complaint, communicate with
the employer and grant him a grace period to enable the worker to perform
his work. If the employer fails to respond, the Ministry may cancel the
worker’s work permit and allow him to transfer to another establishment
without prejudice to his rights with the employer.
Article (18)
Annual Leave for Part-time Workers
Article (19)
Carrying Forward Annual Leaves or Receiving Cash Allowance Thereof
Subject to the provisions of Clauses (8) and (9) of Article (29) of the Decree-
Law:
1. The worker may carry forward not more than half of the annual leave to
the following year, or he may agree with the employer to receive a cash
allowance thereof, according to the wage he receives at the time of his
entitlement to the leave.
2. If the worker’s service ends, he shall be paid a cash allowance for the
balance of his legally due annual leave, according to the basic wage.
Article (20)
Non-entitlement to Wages during Sick Leave Resulting from Worker’s
Misconduct
Subject to the provisions of Article (31) of the Decree-Law:
1. The worker shall not be entitled to a wage during sick leave:
a. If the disease resulted from the worker’s misconduct, such as his
consumption of alcohol or drugs.
b. If the worker violated the safety instructions in accordance with the
legislation in force in the State, such as the instructions related to crises and
disasters, traffic regulations or any safety procedures and rules set out in the
establishment’s regulations that the worker was informed of and he has
acknowledged his understanding thereof and compliance therewith.
2. A report from the concerned authorities in the State proving that the
disease resulted from the worker's misconduct is a prerequisite for the
implementation of the provision of Paragraph (a) of this Article.
Article (21)
Various Leaves
Article (22)
Safety, Protection and Health Care of Workers
Subject to the provisions of Article (36) of the Decree-Law:
1. Every employer shall:
a. Provide the necessary means of prevention to protect workers from the
risks of injuries and occupational diseases that may occur during working
hours, as well as fire hazards and other risks that may result from the use
of machines and other work tools. The employer shall likewise implement
all other means of prevention prescribed by the Ministry in this regard.
b. Put in a visible place at the workplace detailed and clear instructions on
the means of preventing fires and protecting workers from the risks they
may be exposed to while on duty, the methods of preventing them and the
manner of dealing with accidents caused by them, provided that the
instructions are in Arabic and in another language that the workers
understand when necessary. The employer shall likewise put warning signs
on the approach to the hazardous areas.
c. Inform his workers prior to the commencement of the workers’ duty of
the risks of their occupation, such as fire hazards, machines, risks of falls,
occupational diseases and others.
d. Entrust first-aid supervision to a medical aid specialist, and provide all
the necessary supplies in each first aid kit.
e. Provide the necessary means to prevent fires as well as the appropriate
extinguishers for the type of materials found at the establishment and the
materials used in the means of production.
f. Take the necessary measures to continually ensure that the conditions in
the workplace provide adequate health and safety protections for the
workers working at the establishment.
g. Take the appropriate practical measures to prevent, reduce or eliminate
health hazards in the workplace.
h. Take the necessary precautions to protect the workers from the risks of
falls, falling objects, flying shards, sharp objects, caustic or hot liquids,
flammable or explosive materials or any other materials with a harmful
Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal
12 Decree-Law No. (33) of 2021 regarding the Regulation of Employment
Relationships
THIS is Not an official translation
effect, and take the necessary precautions to protect the workers from
hazards of compressed gases and electricity.
i. Put signs at the location of machines and other relevant operations
showing necessary technical instructions in Arabic and in another language
that the workers understand when appropriate.
2. The worker shall use the protective equipment and the clothes he is
provided with. He shall follow all the employer’s instructions aimed at
protecting himself from risks and shall refrain from any act that would
interfere with those instructions. He shall follow all orders and instructions
relating to work safety and security precautions and shall use the means of
prevention and undertake to take care of those means of prevention in his
possession. He shall be prohibited from any act that results in a failure to
follow the aforementioned instructions or in the misuse, damage or
destruction of the means of prevention provided to protect the health and
safety of workers. The employer may set out regulations outlining penalties
for every worker who violates the provisions of this Clause.
3. The Ministry shall coordinate with the authorities concerned with public
health and the care and occupational safety of workers, according to the
following:
a. Monitoring the employer's compliance with respect to the provision of
health insurance for workers, in accordance with the legislation in force in
the State.
b. Coordinating with the competent local and federal authorities regarding
the health and safety of the workers.
c. Continually verifying the standards and requirements developed at
federal and local levels in relation to the health and safety of workers and
work injuries, and ensuring the workers’ obligation to comply therewith.
d. Monitoring, inspecting and applying administrative penalties to
establishments that violate occupational health and safety regulations.
e. Circulating resolutions issued by the public health authorities regarding
the health and safety of workers.
Article (23)
Work Injuries
Subject to the provisions of Articles (37) and (38) of the Decree-Law:
1. In the event that the worker suffers a work injury or an occupational
disease, the employer shall pay the costs of treatment for the worker
pursuant to the following conditions and rules:
a. The worker shall be treated in one of the governmental or private
healthcare facilities.
b. The cost of treatment shall continue to be paid until the worker recovers
or his disability is established.
c. The treatment shall include the hospital stay, surgical procedures, costs
of X-rays and medical analyses as well as the purchase of medications and
rehabilitation equipment and the provision of artificial and prosthetic limbs
and devices for those whose disability is established.
d. The cost of treatment shall include the transportation costs incurred for
the worker's treatment.
Article (24)
Rules for Imposing Disciplinary Sanctions on Workers
Subject to the provisions of Article (39) of the Decree-Law and Article (14)
of this Resolution:
1. Disciplinary sanctions shall be imposed on workers that take into account
what is appropriate according to the gravity and seriousness of the
committed violation, in accordance with the following criteria:
a. The extent of the breach of confidentiality of work-related data and
information.
b. The impact of the violation on the health and safety of the worker(s) at
the establishment.
c. The financial impact of the violation.
d. The impact of the violation on the reputation of the establishment and its
workers as a result of the committed violation.
e. The violating worker’s abuse of the power vested in him.
f. The rate of recurrence by the worker of all kinds of violations.
g. The existence of a penal or moral side to the committed violation.
2. The employer shall draw up a schedule of penalties clarifying each of the
disciplinary sanctions set out in Article (39) of the Decree-Law.
3. None of the penalties set out in Article (39) of the Decree-Law may be
imposed on the worker except after informing him in writing of the charges
Cabinet Resolution of 2022 regarding the Implementing Regulation of Federal
14 Decree-Law No. (33) of 2021 regarding the Regulation of Employment
Relationships
THIS is Not an official translation
against him, hearing his statements, investigating his defence and recording
the foregoing in a report to be deposited in his private file and annotated
with the penalty at its end. The worker shall be notified in writing of the
penalties imposed thereon, the type and amount thereof, the grounds for
their imposition and the penalty he will face in case of recurrence.
4. The worker may not be accused of a disciplinary violation that was
detected more than (30) thirty days ago, and no disciplinary sanction may
be imposed more than (60) days after the date of completing the
investigation of the violation and establishing it against the worker.
5. Without prejudice to the worker’s right to file a labour complaint, he shall
have the right to file a grievance claim with the management of the
establishment against any penalty imposed against him. The grievance
claim against the penalty shall be filed with the management of the
establishment and the worker shall not be harmed by filing it. The employer
shall notify the worker of the outcome of his grievance.
6. Subject to Article (14) of this Resolution, every employer who employs 50
or more workers shall put in a visible place - or make available through any
other appropriate mechanism - a system for complaints and grievance
claims accessible to the workers. Said system shall stipulate that the worker
has the right to file his complaint or grievance claim with the employer or
his representative, and to have his grievance claim answered in writing
within a specific period.
Article (25)
Case of Employment Contract Termination on Account of Employer’s
Bankruptcy or Insolvency
Subject to the provisions of Federal Decree-Law No. (9) of 2016 on
Bankruptcy, Federal Decree-Law No. (19) of 2019 on Insolvency and the
provisions of Clause (8) of Article (42) of the Decree-Law:
1. The employment contract shall be terminated in any of the following
cases:
a. Issuance of a court ruling adjudicating the employer’s bankruptcy or
insolvency, in accordance with the legislation in force in the State in this
regard.
b. Issuance of a decision by the concerned authorities to the effect that the
employer is unable to continue his activity for exceptional economic reasons
beyond his control.
2. The Ministry may, sua sponte, cancel the worker's work permit based on
the judicial ruling adjudicating the employer’s bankruptcy, and it may issue
him a new permit pursuant to the rules established in this regard.
Article (26)
Rules on Grave Danger
Subject to Clause (3) of Article (45) of the Decree-Law, the following
circumstances shall apply in respect of grave danger at the workplace that
allows the worker to leave work without warning:
1. Presence of a possible source of ignition.
2. Exposure to electrical wires connected to an electrical source that can
cause electric shock or death.
Article (27)
Transfer of Workers
Subject to the provisions of Article (49) of the Decree-Law:
1. In the event of termination of the employment contract in accordance
with the provisions of the Decree-Law and this Resolution, the worker may
transfer to another employer under the following conditions and cases:
a. If the contract term agreed upon between the parties ends and is not
renewed.
b. If the contract is terminated during its term in accordance with Article
(42) and Article (45) of the Decree-Law.
c. If the employer terminates the contract without a reason attributed to the
worker.
2. The Minister may issue a resolution determining the mechanisms for the
transfer of the worker that is set out in this Article.
Article (28)
Rules for Reporting Unexpected Work Abandonment
Subject to the provisions of Article (50) of the Decree-Law:
1. The employer shall notify the Ministry of the worker’s unexpected work
abandonment pursuant to the following rules and procedures:
a. The absence from work shall have exceeded 7 consecutive days, without
the employer’s knowledge of the worker’s location or the possibility of
communicating with him.
b. The absence from work form shall be completed pursuant to the
procedures set by the Ministry.
2. If the foreign worker leaves work for an illegitimate reason before the end
of the contract term, he shall not be issued another work permit for a period
of one year from the date of absence from work, with the exception of:
a. The worker who holds a family-sponsored residency visa.
b. The worker who applies for a new work permit at the same
establishment.
c. The worker who has professional qualifications, skills or knowledge
levels that the State needs.
d. Golden visa holders.
e. Any professional categories according to the needs of the labour market
in the State that are determined by resolution of the Minister in accordance
with the workers’ classification approved by the Cabinet.
3. The Minister may issue a resolution specifying the mechanisms for
reporting unexpected work abandonment according to the digital system in
place at the Ministry.
Article (29)
Rules for Deductions from End of Service Benefits of Workers
Article (30)
End of Service Benefits for Workers in other Types of Employment
Subject to the provisions of Article (52) of the Decree-Law, the end of service
benefits due to workers working in part-time or job-sharing types and not
on a full-time basis shall be calculated pursuant to the following
mechanism:
1. The number of working hours set out in the employment contract per
year divided by the number of working hours in the full-time contract per
year multiplied by 100 equal to the percentage on which the end of service
benefit should be calculated, then, this percentage should be multiplied by
the value of the end of service benefit due for the full-time employment
contract.
2. The end of service benefit shall not apply in the case of temporary
employment if its duration is less than one year.
Article (31)
Individual Labour Disputes
Subject to the provisions of Article (54) of the Decree-Law:
1. If the employer, worker or any eligible beneficiary thereof disputes any of
the rights accrued to either of them under the Decree-Law, he shall submit a
complaint to that effect to the Ministry which shall examine the complaint
and take the necessary measures to settle the dispute between them
amicably.
2. If an amicable settlement is not possible, the Ministry shall refer the
dispute to the competent court within (14) fourteen days from the date of
submission of the complaint, along with a memorandum including an
Article (32)
Collective Labour Disputes
Subject to the provisions of Article (56) of the Decree-Law:
1. If a dispute arises between the employer and all the establishment’s
workers or a group thereof, and the parties fail to settle it amicably, the
complainant shall file a complaint pursuant to the following rules and
procedures:
a. The complaint shall be filed through the channels specified by the
Ministry.
b. The type and amount of the claims shall be stated.
c. The complaint shall be filed within two weeks from the date of the
dispute.
2. The Ministry may address the concerned authorities to impose a
provisional seizure on the establishment to guarantee the workers’ rights.
3. The Ministry may liquidate the bank guarantee or insurance allocated to
the workers without the employer’s approval in the event that the workers’
allegation is substantiated, or it may take any other actions or measures to
ensure payment of the workers’ entitlements.
4. The Ministry shall settle the dispute pursuant to the procedures
determined by resolution of the Minister. If a settlement is not possible for
any reason whatsoever or on account of the parties’ non-compliance with
the settlement agreed upon, the dispute shall be referred to the Collective
Labour Disputes Committee.
5. The Collective Labour Disputes Committees that are formed by a Cabinet
resolution based on the Minister’s proposal shall settle the disputes referred
thereto, and their decision shall be final and sealed with the executory
formula seal by the competent court.
Article (33)
Work Inspection Procedures
Subject to the provisions of Article (57) of the Decree-Law:
1. Labour inspections shall be carried out by competent inspectors from the
Ministry’s officials, who shall be vested with the following powers and
competencies:
a. Monitoring the proper implementation of the provisions of the Decree-
Law, this Resolution, and the Legal Resolutions, especially with regards to
the working conditions, the wages and the protection of the workers while
on duty.
Article (34)
Administrative Penalties
Subject to the provisions of Articles (58), (59), (60), (61), (62), (63) and (64) of
the Decree-Law, and in the event of the violation of the obligations
stipulated in the Decree-Law and this Resolution, the Ministry shall be
vested with the powers to impose the administrative penalties as stated in
Article (3) of Federal Law No. (14) of 2016 referred to in the Decree-Law.
Article (35)
Procedures for Grievance Against the Ministry’s Resolutions
Subject to the provisions of Article (69) of the Decree-Law, both parties to
the employment relationship may appeal against the Ministry’s resolutions
pursuant to the following procedures:
1. The petition shall be filed through the channels specified by the Ministry
with its Grievance Committee within (30) thirty days from the date of
becoming aware of the resolution.
2. The petition shall include all supporting data and documents.
Article (36)
Emergency Circumstances
Subject to the provisions of the Decree-Law and this Resolution:
1. In extraordinary emergency situations, as determined by a Cabinet
resolution, work measures that are commensurate with the circumstances
of those cases may be applied, taking into account the interests of all the
parties to the labour relationship. Such measures shall include without
being limited to the following:
a. Applying the remote work system.
b. Granting the worker paid leave.
Article (37)
The Minister shall issue the necessary resolutions for the implementation of
this Resolution.
Article (38)
Every provision that contradicts or conflicts with the provisions of this
Resolution shall be abrogated.
Article (39)
This Resolution shall be published in the Official Gazette and it shall come
into force as of 02 February 2022.
______________________
Issued by Us:
On: / / 1443 H.
Corresponding to: / / 2022