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Tomorrow, Wednesday, Federal Decree Law No. 33 of 2021 regulating labor relations will enter into force on all establishments, employers and workers in the private sector in the country, as Federal Law No. 8 of 1980 regulating labor relations ends.
His Excellency Dr. Abdul Rahman Al Awar, Minister of Human Resources and Emiratisation, said that the new law enhances the position of the UAE labor market as one of the most prominent and important global labor markets, which is characterized by flexibility, efficiency, ease of business and attracting competencies, expertise and skills, in light of providing protection and guaranteeing the rights of both parties to the work relationship in a balanced manner.
Several options
He added that the new law provided several options for employers and workers to determine the form and pattern of the contractual work relationship in line with the desire of both parties, especially in light of the presence of 12 types of work permits and 6 types of work patterns under which contractual work relationships are established.
His Excellency pointed out in this regard that the executive regulations of the decree-law recently approved by the Council of Ministers set the conditions and controls of work patterns and the obligations of both the employer and the worker according to each type and in the interest of the two parties to the work contract.
work patterns
The new law and its executive regulations, as of tomorrow, Wednesday, allow contracting according to six types of work that include full-time, which is working with one employer for the full daily working hours throughout the working days, and part-time.
It is work for an employer or employers for a specific number of working hours or days designated for work, temporary work, which is work whose nature requires a specific period of implementation, or focuses on a work in itself and ends with its completion, and flexible work, which is work whose performance hours or working days change. Depending on the size of the work and the economic and operational variables with the employer, the worker may work for the employer at variable times according to work conditions and requirements.
The new work patterns also include remote work, where all or part of the work is performed outside the workplace instead of being physically present, whether the work is part-time or full-time, in addition to the job-sharing pattern.
Whereby the tasks and duties are divided among more than one worker to perform the tasks agreed upon in advance, and it is reflected in the value of the wage due to each of them, so that it is proportional. And they are dealt with according to the part-time rules. It is noteworthy that the decree-law and its executive regulations set the amount of the end-of-service gratuity and annual leave in accordance with the work pattern in a manner that guarantees the rights of both parties to the contract.
work permits
As of tomorrow, Wednesday, the Ministry of Human Resources and Emiratisation will issue 12 types of work permits, allowing establishments registered with the Ministry to employ workers under these permits.
Which includes a permit to bring in a worker from outside the country, a permit for the transfer of a non-national worker to and from a facility registered with the ministry, a permit for those who are on the residency of their relatives, a temporary work permit, which is the permit under which a worker is employed for work that the nature of its implementation or completion requires a specific period, and an important work permit It is a permit granted to one of the establishments registered in the Ministry wishing to bring in a worker from abroad to complete a temporary work or a specific project for a fixed period.
The part-time work permit allows establishments registered with the Ministry to employ a worker under a part-time contract, so that his working hours or working days are less than his full-time counterparts. The worker can work for more than one employer after obtaining a permit to do so from the ministry. The work permit for juveniles also allows the employment of those who have reached the age of 15 years and did not exceed 18 years of age in a facility registered with the ministry in accordance with the controls approved by the law and its executive regulations.
Training Permit
Work permits also include a student training and employment permit. This type of permit allows establishments registered in the Ministry to train or employ a student in the country who has reached the age of 15 years, according to specific controls and conditions that guarantee a suitable training and work environment, and a work permit for a citizen/children of the Gulf Cooperation Council countries, which This type of permit allows establishments registered with the Ministry to employ citizens or people of the Cooperation Council for the Arab States of the Gulf.
Golden Residence
A work permit is granted to golden residency holders upon requesting a facility registered with the ministry to employ a worker within the country who holds a golden residency, and a trainee national work permit is granted to establishments registered in the ministry wishing to train a citizen according to his approved academic qualification.
The self-employment permit is granted to individuals wishing to engage in self-employment independently (on their self-residency for foreign individuals) without sponsoring a specific employer or entity in the country and without requiring a valid work contract.
Through which the natural person achieves direct income, by providing his services for a specified period of time or to perform a task or provide a specific service, whether for individuals or establishments, and so that this natural person is not in any way an employee of these individuals or establishments.
work contract
Unlimited work contracts are to be converted into fixed-term employment contracts within one year from the date of the decree that set the period into effect, not exceeding (3) three years. With the agreement of the two parties, the contract may be extended or renewed for other similar periods or for less or more periods, and in the event of an extension or renewal of the contract. The new period or periods shall be considered an extension of the original period and shall be added to it in calculating the worker’s continuous service period.
The decree-law required that the work contract basically contain the name and address of the employer, the worker’s name, nationality, date of birth, and what is necessary to prove his identity, qualification, job or profession, date of joining work, place of work, working hours, rest days, and probationary period, if any, The term of the contract, the agreed wage, including benefits and allowances, the period of the annual leave due, the period of warning, the procedures for terminating the work contract and any other data determined by the Ministry as required to regulate the relationship between the two parties.
new items
It is also permissible for the worker and the employer to agree to introduce new clauses to the approved contract forms, provided that they are in agreement with the provisions of the decree-law and the regulations and legal systems. determined by the Ministry.
Various holidays
The new law defines the leaves that the worker is entitled to, represented in mourning leave for a period of (5) five days in the event of the death of the husband or wife and (3) three days in the event of the death of any of the mother, father, one of the sons, brother, sister, grandchildren, grandfather or Grandma.
Starting from the date of death, in addition to parental leave for a period of (5) five working days, for the worker (whether the father or the mother) who has a child, to take care of his child, he is entitled to it continuously or intermittently within a period of (6) six months from the date of the child’s birth.
vacation
The law also permits the worker to be granted study leave for a period of (10) ten working days per year, for a worker who is affiliated or regularly studying in one of the educational institutions approved in the state, in order to perform exams, provided that the period of service with the employer is not less than two years.
The national worker is also entitled to a full-time leave to perform the national service with pay in accordance with the legislation in force in the country, while in order to obtain the leaves referred to in this article, proof of this is required from the concerned authorities.
In implementation of the new law, the Ministry of Human Resources and Emiratisation will apply, starting today, Wednesday, the conditions, controls, and procedures for issuing, renewing and canceling work permits and transferring workers from one facility to another, allowing employers to meet their labor needs and benefit from their energies and productivity at the lowest operational costs, especially in light of new work patterns.
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