Employment relationships in Dubai and the wider UAE are
governed by the Federal Decree-Law No. 33 of 2021 on the Regulation of
Labour Relations in the Private Sector (the UAE Labour Law), which became
fully effective in 2022.
The new law primarily focuses on limited-term
(fixed-term) contracts, as it abolished the concept of new unlimited
contracts.
Here is a summary of workers' rights and key provisions
relating to limited contracts:
📅
Limited (Fixed-Term) Contracts
Limited contracts have a defined start and end date. Under
the new law:
- Maximum
Duration: A limited contract can be for a term of
up to three years, and it can be renewed for a similar or shorter
period upon mutual agreement.
- Essential
Details: The contract must clearly specify the
start date, end date, nature of work, workplace, and the amount of
remuneration (salary and allowances).
⚖️ Key
Workers' Rights and Entitlements
Workers under limited contracts are entitled to several
fundamental rights:
1. Working Hours, Overtime, and Rest
- Normal
Hours: Maximum of 8 hours per day or 48
hours per week.
- Overtime
Compensation: Employees are entitled to an additional
payment of at least 25% of their basic wage for overtime. This
increases to 50% for work performed between 10 p.m. and 4 a.m.
(with exceptions for certain roles).
- Weekly
Rest: A minimum of one paid rest day per week, usually
Friday or Saturday.
2. Leave Entitlements
- Annual
Leave (Full Pay):
- 30
days per year after completing one year of service.
- 2
days per month if service is over six months but less
than one year.
- Maternity
Leave: 60 calendar days in total: the
first 45 days at full pay, and the remaining 15 days at half pay.
- Parental
Leave: 5 working days for both male and
female employees, to be taken within six months of the child's birth.
- Sick
Leave: Up to 90 days per year, with
payment calculated as:
- First
15 days: Full pay
- Next
30 days: Half pay
- Remaining
days: Unpaid
3. End-of-Service Gratuity (Severance Pay)
For foreign workers who have completed one year or more of
continuous service, the gratuity is calculated based on the basic wage
as follows:
- 21
days' basic pay for each of the first five years of
service.
- 30
days' basic pay for each subsequent year.
- The
total gratuity must not exceed two years' pay.
🚫 Early
Termination and Compensation
Terminating a limited contract before its expiry date can
result in financial liabilities for the party who initiates the termination
without a "legitimate reason."
If the Employer Terminates Early (Without a
valid legal cause):
- The
employer must provide a written notice of 30 to 90 days (as
agreed in the contract).
- The
employee is entitled to "Early Termination Compensation"
of at least three months' remuneration (salary and allowances), or
the remaining period of the contract, whichever is less.
- The
employee is also entitled to all other final benefits, such as gratuity
and unused annual leave pay.
If the Employee Resigns Early (Without a valid
legal cause):
- The
employee must provide a written notice of 30 to 90 days (as
agreed in the contract).
- The
employee may be liable to pay the employer "Early Termination
Compensation." This compensation is calculated as half of three
months' remuneration, or half of the remuneration for the remaining
contract period, whichever is less.
Termination During Probation
The probation period cannot exceed six months.
- Employer
terminates: Requires 14 days' written notice.
- Employee
terminates to leave UAE: Requires 14 days'
written notice.
- Employee
terminates to join another UAE employer: Requires one
month's written notice. The new employer may be required to compensate
the previous employer for recruitment costs.
⚠️
Protection and Dispute Resolution
- Anti-Discrimination: The
law prohibits discrimination based on race, color, sex, religion, national
origin, social origin, or disability.
- Equal
Pay: Women must be paid a wage equal to a man's wage if
they perform the same work or work of equal value.
- Final
Settlement: The employer must pay all final
entitlements (including gratuity, notice pay, and unused leave) within 14
days of the end of the contract.
- Labour
Complaints: Workers can file a complaint with the Ministry
of Human Resources and Emiratisation (MoHRE) if they feel their rights
have been violated. Litigation fees for claims less than AED 100,000 are
often exempt for workers.
The old law (Federal Law No. 8 of 1980) was completely repealed and replaced by the Federal Decree-Law No. 33 of 2021 (the New Labour Law), effective February 2, 2022. This wasn't just an amendment; it was a fundamental overhaul.
1. 🛑 The Old Rule on
Gratuity Forfeiture (Questions 3 & 4)
The advice given about end-of-service gratuity for a limited
contract resignation is INCORRECT under the current 2021 law.
|
Old/Incorrect Content (Remove) |
Correct Rule Under Decree-Law No. 33 of 2021 |
|
"The Labour Law does not entitle a worker who was
working under contract for limited period to claim end-of-service if the
worker himself broke the contract." (From the Answer) |
A worker is always entitled to their full
End-of-Service Gratuity (EOSG) upon completion of one year of service,
regardless of the cause of termination, including resignation from a
limited contract. The new law abolished the old penalty-based
reduction/forfeiture for limited-term contracts. |
|
"He refused to give me my end-of-service
gratuity." (Employer's Claim) |
This claim is illegal. If you have completed more than
three years of continuous service, you are entitled to the full EOSG (21
days' basic pay for each year). |
Action: Replace this section with the correct
entitlement: The worker is fully entitled to their end-of-service
gratuity based on their years of service and last basic wage.
2. 🛑 The Old Rule on
Compensation for Early Resignation (Questions 6, 7, 8, 9, 10)
The FAQ section still refers to the old compensation formula
for the employee breaking a limited contract.
|
Old/Incorrect Content (Remove) |
Correct Rule Under Decree-Law No. 33 of 2021 (Article
43 & 51) |
|
"The worker shall compensate the employer an
amount equivalent to 45 days’ salary if the employer can prove the
damages." (From the Answer) |
The compensation calculation has fundamentally changed
under the new law. The employee is obligated to serve the 30-90 day
contractual notice period. |
|
"Worker should by 45 day from his total salary or
the residual period of the contract whichever is shorter." (Question
6 & 9) |
If the employee fails to serve the required Notice
Period (30 to 90 days), they must pay the employer a "Notice
Allowance" equal to their salary for the unserved portion of the
notice period. |
|
"As for the limited contracts, there is no one
month of notice…" (Question 8) |
This is incorrect. The new law mandates that either
party can terminate a limited contract with a written notice period of 30
to 90 days (as per contract), provided there is a legitimate reason.
The 30-day minimum notice applies to all contracts now. |
Action: Replace the old Article (116) concept with
the requirement for 30-90 days' notice. The primary liability is for
failure to serve this notice, not an automatic compensation for breaking the
limited contract (unless the contract requires a longer notice period or the
termination is found to be without a legitimate cause).
🔑 Summary of Your Rights
Here is how your situation is legally governed under the
current 2021 law:
|
Issue |
Employer's Claim |
Current UAE Labour Law (2021) |
|
End-of-Service Gratuity |
Refused to give gratuity. |
Illegal. You are fully entitled to your EOSG
for 3+ years of service. |
|
Deduction (45 days' salary) |
Deducted 45 days' salary for breaking the limited
contract. |
Illegal Deduction. The only legal deduction for
resignation is compensation for the unserved portion of the 30-90 day
contractual notice period. |
|
Ban/Sponsorship Transfer |
May prevent transfer (ban). |
Obsolete. No-objection certificates (NOCs) and
automatic bans for breaking a limited contract have been largely abolished.
You can generally transfer immediately upon successful termination (serving
notice and paying any due compensation). |
You should file a complaint with the Ministry of Human
Resources and Emiratisation (MoHRE) against the employer for illegally
withholding your gratuity and illegally deducting your salary.

