Hire in United Arab Emirates

An employer has the right to request a candidate to undergo medical examinations at a designated clinic or hospital, with the expenses covered by the employer. Employment may be contingent upon the candidate successfully passing these medical tests.

Pre-employment drug screenings are infrequent. Employers may request a certificate of good conduct to verify the absence of a criminal record in the UAE.

Regarding social media, employers commonly utilize professional platforms like LinkedIn during the recruitment and pre-employment phase.

Probationary periods can extend up to six months, allowing the employer to terminate the employment contract with a 14-day notice.

An individual cannot undergo more than one probationary period with the same employer. The duration of the probationary period is considered an integral part of the employee’s continuous service with the employer.

In the case of an employee resigning during the probation period, the notice period is outlined as follows:

Notice periods are defined as follows:

• One month: If the employee is transitioning to another employer within the UAE, a one-month notice is mandatory. In this case, the new employer is required to compensate the current employer for the recruitment costs associated with the employee.
• 14 days: If the employee is departing the UAE, they are obligated to provide a 14-day notice to the employer. In this situation, if the employee returns to the UAE within three months, the new employer becomes liable to the previous employer for recruitment costs.

Regular working hours should not surpass eight hours per day, and:

• 48 hours per week distributed across a six-day working week; or
  
• 40 hours per week scheduled over a five-day working week.

Employees are entitled to a minimum of one day off per week, and the day off does not necessarily have to fall on a Friday.

In specific industries such as commerce, hotels, catering, and security, the daily limit for working hours is nine hours. During Ramadan, the Islamic holy month, normal daily hours must be reduced by two hours.

Travel time between an employee’s residence and workplace is not considered working time. Additionally, employees are not allowed to work continuously for more than five hours without taking a break of at least one hour for rest, meals, and prayer. This break period is not counted as working hours.

The regulations on working hours and overtime exemptions are not applicable to employees in managerial or supervisory positions.

For outdoor workers, such as those on construction sites, a “midday break” is mandated from 12:30 pm to 3:00 pm between June 15 and September 15. Employers are required to provide a shaded rest area and cold drinks. This break is unpaid, and the employees’ workday is split into morning and evening shifts.

In federal government entities, the workweek is 4.5 days, with weekends starting from Friday afternoons, Saturday, and Sunday. In the private sector, employees are entitled to one rest day per week, which does not necessarily have to be on a Friday, although many businesses align with the government’s schedule.

Employees are limited to working a maximum of two overtime hours per day unless the work is essential to prevent significant losses, address a serious accident, or manage its aftermath.

Overtime hours, exceeding the standard limits of normal working time, are subject to compensation at a rate of 125% of the regular pay. If overtime is worked between 9 p.m. and 4 a.m., the compensation must be increased to 150% of the normal pay.

On Fridays, recognized as a statutory day off, employers are required to provide:

• an alternative day off in lieu of working on Friday and a remuneration comprising the regular
• salary for the hours worked along with an extra allowance amounting to 50% of that salary.

Employers with a workforce of a minimum of five individuals are required to maintain a record for each employee, detailing their name, role, age, nationality, residence, marital status, commencement date of employment, salary, any modifications to salary, disciplinary measures, penalties, occupational injuries, diseases, and the termination date along with reasons. The record should encompass a leave document documenting annual, sick, and other types of leave.

For employers with a staff of at least 15 members, records must be maintained at each worksite, including:

• A payroll record containing details such as the start and end dates of employment, the number of days worked, the amount of daily, weekly, or monthly wages, fringe benefits, and any piecework or commission payments for all workers.
• A comprehensive record of all occupational injuries and diseases incurred by the employees.
• Approved basic work regulations, prominently displayed, outlining daily working hours, the weekly rest period, public holidays, and the measures taken to prevent occupational injuries and fire hazards.
• Disciplinary rules, sanctioned by public labor authorities and conspicuously displayed, specifying applicable disciplinary offenses and the corresponding sanctions.

Employers are required to maintain records for a duration of two years following the termination of an employment contract.

There is no legal obligation to provide bonuses, and the decision to grant bonuses is typically left to the employer’s discretion, unless explicitly outlined in the employment contract, specifying the calculation and payment criteria.

Female employees are entitled to 26 weeks of maternity leave, which can begin as early as eight weeks before the expected delivery date. The remaining weeks can be taken after childbirth. For women expecting their third child or more, the paid maternity leave duration is 12 weeks, with six weeks before and six weeks after the expected delivery date. Maternity leave is granted with full pay if the employee has completed at least 80 days of service with the employer in the 12 months before her expected delivery date. Maternity benefits are paid at the average daily wage rate for the duration of the absence from work. Additionally, female employees receive a medical bonus of INR 3,500 if health benefits are not provided by the employer. If a woman’s job allows, she may work from home after utilizing maternity benefits, based on mutual agreement between her and the employer.

The law also provides for adoption leave of 12 weeks for women adopting a child under three months old. A commissioning mother, who provides her egg for embryo implantation in another woman, is entitled to 12 weeks of leave from the date the child is handed over to her. The woman giving birth, known as the host or surrogate mother, is not eligible for this leave.

Employers are required to inform female workers of their rights under the Act at the time of appointment, both in writing and electronically.

While paternity leave is offered to government employees, it is not mandated in the private sector, and its provision is at the discretion of the employer.

Under the New Labor Law, termination due to redundancy, such as employer insolvency or economic restructuring, is acknowledged. Other grounds for dismissal may include an employee lacking the required skills. In cases of employer-initiated termination, the employee is granted one day of unpaid leave per week to seek new employment.

It is prohibited for employers to terminate a female employee during pregnancy or while on maternity leave.

All outstanding payments owed to employees must be settled within 14 days from the termination date.

An employer and an employee can mutually agree on a notice period, which should be a minimum of 30 days and not exceed 90 days.

Throughout the probation period, the employer is obligated to provide 14 days of notice, while the employee must give 1 month of notice.

Written notice is mandatory. During the notice period, the employee is entitled to full wages and is expected to fulfill job responsibilities, unless the employer states otherwise. Either party may opt to compensate the other for part or all of the notice period at the standard wage rate of the employee.

Employees with a minimum of one year of service, excluding any days of unpaid absence, are eligible for a statutory “end-of-service gratuity” upon termination.

Employers have the option to incorporate restrictive covenants in their employment contracts, prohibiting employees from engaging in specific activities, such as joining a competitor, for a specified duration. However, these restrictions are enforceable only to the extent required to protect the employer’s lawful interests. The clauses should be confined in terms of duration, geographical coverage, and relevance to the specific nature of the business.

It is a common industry practice to restrict non-competes to a period of six to 12 months.

The UAE Labor Law mandates employers in the UAE to furnish an employee with a certificate containing specific details upon the termination of employment, provided the employee requests such documentation. The information encompasses:

• The duration of the employment
• The scope of tasks carried out by the employee throughout the employment
• Specifics of the employee’s compensation package

There is no dedicated legislation on data protection within the Labor Law. Nevertheless, the Penal Code stipulates that employers may gather and utilize personal data solely with the consent of the respective worker or job applicant.

Employees are entitled to receive a detailed pay statement specifying the total remuneration, along with a breakdown of variable or fixed deductions, each serving a particular purpose. Access to electronic pay statements, which can be printed, is deemed acceptable.

Employees accrue the right to 30 days of paid annual leave upon completing one year of service. In the initial year, annual leave becomes available after six months of service. Subsequently, employees are entitled to two calendar days of paid annual leave per month until completing one year of service. The leave must be utilized in the year it accrues, though employers may opt to establish a policy allowing leave carry-over.

Employees are eligible for sick leave after completing three months of service with their employer. However, paid sick leave does not accumulate during the probationary period. The statutory sick leave entitlement is a maximum of 90 calendar days per year. During sick leave, the employee is entitled to:

• Full salary for the initial 15 days of sick leave per annum,
• followed by half pay for the 16th to 45th days.

There is no legal obligation for employers to offer sick pay beyond the allocated annual sick leave entitlement. If a worker exceeds 90 days of sickness absence without returning to work, the employer has the right to terminate their employment. In such instances, the worker may qualify for an end-of-service gratuity based on eligibility criteria.

Employees have the right, as stipulated by the Labor Law, to take a special unpaid leave of up to 30 days for the purpose of undertaking the Hajj pilgrimage. In ADGM, the duration is 30 days, while in DIFC, it is 21 days. Eligibility for this leave requires a minimum of one year of service.

Pregnant employees have the right to avail 60 days of maternity leave, receiving full pay for the initial 45 days and half pay for the remaining 15 days. This entitlement is applicable to all pregnant female employees, irrespective of their tenure with the employer.

While the law does not specify the start date of the leave, it is expected to be taken around the time of childbirth. In the unfortunate event of a miscarriage, stillbirth, or the death of a child after birth, female employees are entitled to maternity leave benefits.

In the case of giving birth to a disabled or ill infant, a female employee is granted an additional 30 calendar days of maternity leave, extendable by an extra 30 unpaid days if necessary.

Nursing mothers have the right to two paid half-hour breaks during working hours for the first six months upon returning to work. Additionally, pregnant employees can take 45 days of maternity-related sick leave, either consecutively or as needed.

For employees who become fathers, a paternity leave of five working days is provided with full pay.

In the unfortunate event of the death of a close family member, compassionate leave is provided:

• Spouse of the employee: five days
• Immediate family members of the employee: three days

Employees who have completed two years of service or more with an employer and are enrolled in an approved UAE educational institution are entitled to 10 days of study leave per year for taking examinations.

Employees are entitled to a paid day off on official public holidays. The government currently designates the following public holidays to be observed:

• 1 January (Gregorian New Year’s Day)
• Eid al-Fitr — four days
• Eid al-Adha and Arafat Day — four days
• Islamic New Year’s Day (Al-Hijra)
• The Prophet Mohammed’s birthday
• 1 December (Commemoration Day)
• 2–3 December (National Day) — two days