New Labor Law: Positive move to attract global talent
On 16 November 2021, significant changes were announced to the
employment law in the UAE. A new UAE Labour Law (Federal Decree Law No. 33 of
2021) was introduced, and it will come in force on 02 February 2022.
One of the main goals of the new law is to ensure the efficiency of the
labour market in the UAE, which contributes to the attraction and retention of
best future talent and skills. Further, it also aims to enhance productivity,
flexibility, sustainability, and security for both employer and employees. With
the said objectives clearly reflected in the new law, UAE is very likely to
create more confidence in the minds of the global investors and thereby
attracting foreign direct investments.
Following are some of the newly introduced articles /
provisions:
- The employment contract is specified to be
a period not exceeding three years and, by agreement of the parties, may be
subject to renewal or extension. Therefore, the unlimited contracts have been
discontinued on a going forward basis.
- As a step towards recognizing the need for
flexible working structures, various models of work have been introduced
(including but not limited to full-time, part-time, temporary, flexible).
- Another welcoming move are provisions
related to anti-discrimination, harassment, and equality. It emphasizes on
equal opportunities, access to jobs, and treatment of working women. It has specific provisions against the use
of force, sexual harassment, and bullying against the employee or among
employees.
- Non-compete clause is now more elaborated
than the erstwhile provisions.
- New leave types have been introduced
thereby entitling the employee to mourning, parental and study leaves. As the next steps, the
authorities are expected to issue the Executive Regulations to provide clarity
around various aspects of the new law (specially for the transition /
implementation period).