Question:
What are the remedies for forced employment under UAE labour law?
Answer:
The Federal Decree-Law No. 33/2021 On Regulation of Labour Relations in the UAE provides clear guidelines and remedies for situations involving forced employment. The relevant articles in the legislation, particularly Articles 12, 14, and 45, outline the rights and remedies available to employees facing such circumstances.
Article 12 of the labour law, clearly states that assigning a worker a job fundamentally different from the one agreed upon in the employment contract is not permissible, except in necessary situations or to prevent accidents. The employer may temporarily assign a worker to a different role under specified conditions, and the worker’s written consent is required for any other non-agreed-upon work. If the assigned work requires a change in the worker’s place of residence, the employer is obligated to bear all financial costs related to the movement and residence of the worker.
Additionally, Article 14 describes the Prohibition of Forced Labor and other Prohibitions. Under this provision, employers are absolutely prohibited from using any means to force or compel workers to perform tasks against their will. Additionally, any form of sexual harassment, bullying, or violence, whether verbal, physical, or psychological, is strictly prohibited. This provision ensures a safe and respectful working environment for all employees.
Under Article 45, the Cases of the Worker leaving Work without Notice are explained. The labour law recognizes situations where an employee may leave work without notice while retaining their rights. These include the employer’s breach of contractual obligations, assault or violence against the worker, serious danger in the workplace threatening safety or health, and the employer assigning fundamentally different work without the worker’s written consent, as per Article 12 of the labour law. Additionally, the labour law addresses the illegal termination of the employer under Article 47, stipulating compensation for illegal dismissal and preserving other entitlements like notice periods and end-of-service gratuities. In cases of unlawful termination, the employer is obliged to pay fair compensation to the worker, as determined by the competent court.
Legal Recourse for Employees: Employees facing forced employment can file complaints with MoHRE. According to Article 45(1) and (4), an employee has the right to leave work without serving the notice period if the employer breaches their obligations or assigns fundamentally different work without written consent. Furthermore, if termination occurs due to the employee refusing forceful work, they can file a complaint with MoHRE and pursue a labour case against the employer in Court.
In conclusion, the UAE Labor Law provides remedies for forced employment situations, authorizing workers to emphasize their rights and seek compensation. It is important for both employers and employees to be aware of these provisions to maintain a fair and lawful working environment in the UAE.
