On who is UAE Labour Law ‘NOT’ applicable?

Where and to who is UAE Labour Law not applicable?

I have been asked on numerous occasions as to ‘on who is labour law is not applicable?‘. I enquired with MOL and other known people and found below information.

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Federal Law No. 8 of 1980 Regulating Labour Relations, as amended by Federal Laws No. 24 of 1981, No. 15 of 1985, No. 12 of 1986 and No. 8 of 2007 (Labour Law), and applicable Ministerial Orders implementing its provisions, applies to all employees working in the UAE, including foreign nationals, except for the following:

Members of the following categories of workers DO NOT COME UNDER UAE LABOUR LAW:

#1. Officials, employees and workers in federal and local government departments, or appointed for federal and local government projects;
#2. Members of the armed forces, police and security officers;
#3. Domestic servants working in private residences;
#4. Workers employed in agriculture (apart from employees of agricultural companies engaged in processing products, or operating or repairing machinery required for agriculture);
#5. Employees working for a company with a place of business in the Dubai International Financial Centre (DIFC) and who are based in, or ordinarily work in, the DIFC. These employees are subject to the DIFC Employment Law No. 4 of 2005 (DIFC Employment Law);
#6. Employees working in one of the many free zones in the UAE, including foreign nationals, are subject to the Labour Law in addition to employment regulations introduced in the relevant free zone. Where the free zone regulations are not consistent with the Federal Labour Law, the Federal Labour Law provisions take precedence unless they are less favorable than the relevant free zone regulations.

Where no mandatory laws apply, the law of contract governs the contractual employment relationship. The parties can choose the law applying to the contract, but during litigation the UAE courts generally assume jurisdiction and apply the Labour Law.

Laws applicable to nationals working abroad

The Labour Law or DIFC Employment Law only applies to nationals working abroad if this has been contractually agreed between the parties, subject to the jurisdiction they are working in (that is, the laws of other jurisdictions may prevent non-local laws being agreed between the parties).

So hope it is now clear on who the UAE Labour Law does not apply.

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Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • Hi Deepak,

    Can you please clarify the entitlements of servant workers such as gratuity,etc. with a service period more than two years after renewal of contract.

  • Hello Deepak,

    would you be able to show/guide me please where can I find the copy or article about the circular that was release related to the keeping of employees passport with the employer.

    thanks

  • Hi deepak I just want to ask I file already case to my company because they terminate us without notice and they cancel our visa without any notice. I’m holding unlimited contract I finish 7months only. And now I receive SMS frm MOL that this company file a complaint to me.

    I just want to know if we continue the case is it possible we can win. I’m afraid that maybe they will have a Arabic conversation between MOl and they will change the whole story.

    Pls give me advice

  • Hello deepak, i am on a limited contract with a company for almost 3 months now.. i seeked another opportunity and i was hired but according to them i will have a problem woth the MOL, for even if my company diesnt ban me, the MOL will autonatically do it because i am on a limited contract. Is it true? Can u help me what other option i can do to resign from my job, get another one and no ban? Thank you

  • hello Sir,
    i am on a limited contract with a company for almost 1 year and 2 months now.. i seeked another opportunity and i was hired but according to them i will have a problem with the MOL, for even if my company doesn’t ban me, the MOL will automatically do it because i am on a limited contract. Is it true? Can u help me what other option i can do to resign from my job, get another one and no ban? Thank you

  • Hi Deepak,

    Regarding to visa & emirates ID renewal, one of my friend whose working in private sector. Last month of Feb. 2017. He/She process the visa renewal also the emirates ID and he/she was paying their emirates ID from their pocket as far as i know, the company shall be the one who will shoulder the payment for the renewal process. He/She tried to refund the emirates ID renewal process but it was rejected. Kindly request your further assistance as early as possible.

    Thanks.