Sami Abdel Raouf (Dubai)
Businessmen and CEOs in the private sector affirmed that the Labor Relations Law, which enters into force today, is a sophisticated system of mechanisms that will enhance the ease of business, competitiveness and productivity of the labor market, and the law enhances the investment of local and global energies and talents. They pointed out, in exclusive statements to Al-Ittihad, that this law meets the requirements of the second fifty years of the life of the UAE, which aspires to enhance its leading position on the global arena and in indicators of international competitiveness, to be among the best countries in the world in various fields. The Labor Relations Law is considered the largest update in the law regulating labor relations in the UAE, and one of the system of future laws and legislation that responds to the requirements of this important stage of the country’s history, and to optimally deal with the changes in the world of finance and business at the same time. They said: “The law works to provide an attractive business environment for employers, to achieve national development goals, and will enhance the flexibility and sustainability of the labor market in the country by ensuring the protection of the parties to the labor relationship.” They added: “The new labor relations law contributes to supporting and rehabilitating the capabilities and skills of workers in the private sector, in addition to providing protection for both parties to the work relationship, and enabling them to obtain their rights.”
At the beginning, businessman Issa Al Ghurair said: “The new labor relations law is fair between the two sides of the production process, as it protects the rights of the worker, and guarantees the rights of companies and employers in the private sector.”
He added: “This law guarantees the rights of both parties to the work relationship in a balanced manner, and provides protection for both parties so that they can access and obtain these rights, which supports the aspirations and future vision of the labor market in the country.”
He stressed that preserving labor rights is one of the customs and traditions of the UAE society, and one of the most important priorities of the government agencies concerned with this aspect, and these foundations have been established and followed since the establishment of the UAE.
He pointed out the importance of this legislation in enhancing transparency between the worker and the employer, as each party has rights and duties, which enables it to attract the best competencies and future skills and increase productivity in the labor market.
Legislative Update
For his part, Dr. Mohammed Saeed Al Kindi, owner of private companies, said: “The UAE has developed a lot during the past decades, which necessitated the modernization of the legislative and legal structure, and the new labor law is one of the most prominent new legislation in the country.”
He said, “The new labor relations law enhances the state’s position and competitiveness on the international scene. This legislation reinforces the principles of respect for all who work in the UAE.”
He pointed to the distinction of the UAE’s record in the field of workers’ rights, by protecting the salaries and rights of workers and preventing excellence in functional work with single tasks, pointing out that the Emirates is distinguished in the field of finance and business, and provides all the necessary facilities and flexibility to help success, and provides the necessary legislative structure. For all parties to the contractual relationship.
Al Kindi stated that the new labor relations law will lead to enhancing the flexibility and sustainability of the labor market in the country, as it guarantees protection for the labor relationship and its developments and the exceptional circumstances it may face that may affect this relationship.
He said: “The UAE is constantly working to enhance the rights of workers, by touching their needs and providing them with an ideal work environment, while working on the best competencies and talents for the country’s labor market.”
balanced rights
For his part, Sherif Bishara, CEO of the Mohammed and Obaid Al Mulla Group, the company, said that the new law regulating labor relations, which will come into force from today, and its provisions will apply to all establishments, employers and workers in the private sector in the country, contributes significantly to enhancing the efficiency of the market. Work in the country and attract the best talent and human skills.
He pointed out that the updates and amendments that were made to the law are the largest in terms of laws regulating labor relations in the country, which comes in conjunction with the preparations for the next fifty years through a system of future laws and legislation that enhance the status of the state and its competitiveness at the global level, as the best place to live and work. .
He stressed that the wise leadership in the UAE is always keen to provide a stimulating and attractive work environment for employers, which contributes to supporting the efforts made to achieve development goals with the wide participation of all parties in the work relationship.
He pointed out that the law guarantees the rights of both parties to the work relationship in a balanced manner, and provides protection for both parties to enable them to access and obtain these rights, and supports the achievement of stability and welfare of workers in the private sector.
Bishara stated that the law will also contribute to supporting the capabilities and skills of workers in the private sector in a way that enhances the efficiency and productivity of the workforce in the labor market in the country in parallel with emphasizing equality in obtaining or continuing a job and enjoying its rights, in addition to enhancing the competitiveness of Emirati cadres in the labor market. employment, as well as empowering women in the market.
He pointed out that among the advantages of the law is that the worker may not work more than 5 consecutive hours without a paragraph or paragraphs of rest not less than an hour in total, provided that these periods are not included in the calculation of working hours.
He noted that the worker is entitled to a paid leave according to several cases, which is a mourning leave for 5 days in the event of the death of the husband or wife, and 3 days in the event of the death of any of the mother, father, one of the sons, brother, sister, grandchildren, grandfather or grandmother, starting from the date Death, and parental leave for a period of 5 working days for the worker, whether the mother or the father who has a child to take care of his child and who is entitled to it continuously or intermittently within a period of 6 months from the date of the child’s birth, and any other leaves determined by the Council of Ministers.
New Features
Regarding the new advantages that the law has added for the employer, the law has added many advantages to the employer, including entrusting another employer to perform any of his original work or part of it.
The employer also receives compensation if the worker, during the probationary period, wishes to move to work for another employer in the country, where the new employer is obligated to compensate the original employer with the costs of recruitment or contracting with the worker unless otherwise agreed.
Among the advantages granted by the Decree-Law to the employer are the various types of work that give him the flexibility to choose the type of work that is commensurate with the nature of work in his facility, such as the pattern of full-time work, the pattern of part-time work, and other types of work.
The law explicitly stipulates the worker’s obligations, such as his obligation to perform the work himself according to the direction and supervision of the employer or his representative, to maintain the means of production and work tools in his custody, and to commit to constantly working on developing his functional and professional skills.
non-competitiveness
The law grants the employer the right to require the worker in the employment contract not to compete with him or to participate in any competing project in the same sector, for a period not exceeding two years from the date of the contract’s expiry, and in accordance with the conditions and controls that ensure adequate protection of the rights of the employer and the worker ». He added: “The new law also stipulates that this condition is void if the employer terminates the work contract in violation of the provisions of the decree-law.”
Transfer conditions
The new law permits the worker to move to work for another employer in accordance with the stipulated conditions and controls. In the event that the worker wishes to move during the probationary period to work for another employer in the country, he must notify the original employer of that in writing for a period of no less than one month from the date of his desire to terminate the contract, in addition To the obligation of the new employer to compensate the original employer for the costs of recruitment or contracting.
Termination of contract
The worker has the right, in the event of the termination of the work contract in accordance with the provisions of the decree-law, to move to work for another employer in accordance with the conditions and procedures specified by the executive regulations of the decree-law. Unless it is extended or renewed, or at the request of one of the parties, provided that the provisions of the decree-law regarding the termination of the work contract and the agreed warning period are adhered to.
worker safety
With regard to providing an appropriate work environment and achieving occupational safety and health requirements for workers, the new law stipulates that establishments abide by the provisions contained in Federal Law No. (13) of 2020 regarding public health, to ensure the provision of an appropriate work environment that meets the requirements of occupational safety and health for workers, and the executive regulations of the decree-law will be specified. The role of the Ministry and the provisions related to the safety, protection and health care of workers.