Dr. Elhais has a high level of experience in UAE labour law, including advising both local and foreign clients on complex labour matters. Dr. Elhais also assists with matters on behalf of the Dubai Department
of Economic Development (DED), advises on employee rights within the workplace, and on unfair and wrongful dismissal cases.
He has helped many locally-based small and medium companies to regulate their employment framework and HR policies, ensuring all internal policies are regulated in accordance with UAE employment laws.
Dr Hassan Elhais along with the team of Labor Lawyer in Dubai offers a broad spectrum of legal assistance in employment-related matters including, but not limited to employment contract drafting, labor manuals, consulting on all aspects of UAE and DIFC labor Law and legal representation before all labor courts in UAE. Labor Lawyer in Dubai has achieved multiple favorable decisions in labor matters and have proven to be one of the most recommendable firms in UAE corporate market. Throughout the years of experience, Labor Lawyer in Dubai has advised adopting preventive measures in legitimate employment issues by drafting stringent internal employment policies. Nonetheless, Labor Lawyers in Dubai is always armored in the event the matter is presented before the relevant court authorities.
Frequently Asked Questions
The UAE Labour Law states that the maximum probation period for employees working in the private sector, shall not exceed six months. An employer may end employment during the probation period by giving at least fourteen days' written notice. Employees who want to move to another UAE employer typically have to give one month's written notice. If the employee is leaving the UAE on a permanent basis, the notice period should be fourteen days in most cases. These rules are subject to the provisions of the Federal Decree Law No. 33 of 2021, which is regulating the employment relationships in the private sector in UAE.
As a general rule, an employee who has completed one full year of continuous service is entitled to end-of-service gratuity benefits. The gratuity will be calculated on the basis of the last basic salary of the employee and not on his/her total compensation package. The entitlement is not automatically removed by resignation if the statutory requirements are duly fulfilled as per the applicable labour regulations. Employers are obliged to pay gratuity within the time limits stipulated by law after the termination of employment or contract. The governing legal framework for gratuity entitlements, and employment obligations is provided under the provisions of the Federal Decree Law No. 33 of 2021.
The UAE labour law prohibits discrimination on the basis of race, colour, sex, religion, nationality or disability features. Employers are expected to provide a work environment free of harassment, bullying, intimidation or abusive employment practices. Employees who are victims of discriminatory practices can submit complaints through the Ministry of Human Resources and Emiratisation’s channels. Courts and labour authorities can penalize employers that violate statutory anti-discrimination obligations established by federal legislation. Federal Decree-Law No. 33 of 2021 strengthened the protection of employees in terms of equality at the workplace and professional dignity.
Employees generally are entitled to thirty calendar days of paid annual leave after completing one full year of service. Workers with more than six months but less than one years' service are entitled to leave proportionate to service. Leave schedules may be established by employment policies, with due regard to the operational needs, and employee interests. Some unused leave can be carried forward or paid out according to what is in the contract and what the company policies. The annual leave entitlements are regulated by the UAE Labour Law, Federal Decree-Law No. 33 of 2021 and its implementing regulations.
UAE employers are generally responsible for employee onboarding including recruitment expenses, residency procedures and processing the employment visa. Labour law prohibits the direct transfer of these mandatory business costs to employees through salary deductions or reimbursement arrangements. The competent authorities may find contractual provisions requiring workers to pay recruitment or visa costs to be legally unenforceable. Any employee who has been subjected to illegal deduction(s) can lodge a complaint with the Ministry of Human Resources and Emiratization for investigation. Federal Decree-Law No. 33 of 2021 provides, protection to the employees against unfair financial burdens relating to recruitment processes.
Current UAE labour legislation mandates written notice periods ranging from thirty to ninety days before resignation takes effect. The length of notice to be given is generally stipulated in employment contracts agreed between employer and employee in initial contractual negotiations. During the notice period both parties must continue to comply with contractual obligations unless otherwise agreed legally by both parties . Failure to comply with notice obligations may give rise to compensation claims under relevant employment and contractual principles by either party. The notice period provisions are regulated by Federal Decree-Law No. 33 of 2021 on the regulation of labour relationships in the country.
There are several modern working models to support the labour market flexibility nationwide introduced by Federal Decree-Law No. 33 of 2021. UAE employers are permitted by law to hire employees on part-time, temporary, flexible or remote working contractual terms. Such arrangements shall specify working hours, compensation structure, duties and employment obligations in signed contracts. Employees who work on flexible arrangements continue to receive statutory protections for wages, leave, workplace safety and professional treatment standards. These reforms were introduced for the betterment of business competitiveness while increasing workforce adaptability across the emerging employment sectors within the UAE.
The best labor lawyers in the UAE, are those who have experience in the employment disputes, workplace investigations, and labor law compliance issues. The cases involving wrongful termination, pay and contract issues are often sought after by employees and employers regardless. It is very important to be familiar with the UAE labor laws and dispute resolution procedures. Dr. Hassan Elhais is experienced in the complex UAE employment, and labor disputes and is well known for his legal commentary, and representation. His practice includes advising the businesses and individuals on workplace rights and obligations. Professional legal assistance can help you to settle the employment disputes in a timely and legal manner.
