Duties and Obligation need to be adhered to of a Private Sector Employers and Employees in UAE as per the New Labour Law

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.

As per the new labour law which will soon be coming into effect has provided the detailed breakdown of the rules and obligation that employees and employers in the UAE’s private sector need to adhere to and they are:

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.

The employee shall:

1. Perform the work himself or herself under the supervision and control of the employer, or his or her representative, and as specified in the contract, and not assign the work to any other worker or person.
2. Display good behaviour and conduct and observe professional honesty and integrity.
3. Maintain the means of production and working tools in his/her possession, and maintain the same by taking the necessary actions to store them at the appropriate places.
4. Keep confidential all information and data acquired by him/her in the course of his employment, and not divulge business secrets, and return anything in his /her possession to his/her employer at the end of service.
5. Not keep in his/her personal capacity any hard or soft papers or documents in relation to the business secrets without permission of the employer, or his representative.
6. Implement safety and occupational health instructions set by the establishment in accordance with the legislation in force or the work regulations and instructions.
7. Work during the approved working days and working hours specified in the employment contract, and communicate and respond effectively to complete the works assigned to him/her efficiently.
8. Work diligently and constantly to develop his professional and job skills, and improve his/her performance to the employer.
9. Not work for others in violation of the provisions of this Decree-Law and other relevant legislation in force.
10. Evacuate the accommodation provided to him/her by the employer, within a period not exceeding 30 days from the end of his service. However, the worker may stay in the accommodation after the expiration of such period, if the employer agrees thereto, provided that the worker bears the cost of accommodation, or as may be agreed upon in writing with the employer.
11. Any other obligations set by the provisions of this Decree-Law and its executive regulations or any other legislation in force in the UAE.