Question: I was hired by someone with specific KPIs that aligned with my skillset, and I consistently met or exceeded them. He has now left the organisation, and my new manager expects a completely different set of deliverables, some of which are not aligned with my experience or expertise. I feel like I am being set up to fail. Is there a way I can rely on my job contract and defined role to make a case for maintaining my original responsibilities, or at least ensure that any changes to my duties are reasonable and fairly assessed?
Answer: In the UAE, an employer may not assign different roles to an employee other than those mentioned in the employment contract without the written consent of an employee. This is in accordance with Article 12(1) & (2) of Federal Decree Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments (the ‘Employment Law’), which states,
“1. An employee may not be assigned another work which is substantially different from the work agreed upon in the Employment contract, unless such an assignment is necessary or aims to avoid an accident or rectify the consequences thereof, provided that the assignment is temporary as specified by the Executive Regulations of this Decree-Law
2. An employer may, in cases other than those stated in paragraph (1) above, entrust the employee with a work that is not agreed upon in the employment contract, with the written consent of the employee.”
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It is an obligation of an employer to invest in the development of the skill of the workers by providing them training and tools in accordance with the law and implementing regulation. This is in accordance with the Article 13 of the Employment Law:
“5. Investing in the development of the skills of workers working for its service and providing the minimum amount of training, qualification and empowerment tools and programmes as per the provisions of this Decree-Law and its Implementing Regulation”
However, an employer may not force or threaten an employee with any penalty or force him to work against his will. This is in accordance with Article 14(1) of the Employment Law, which states,
“An employer may not use any means susceptible of obliging or forcing the employee, or threatening him with any penalty, to work for him, or forcing him to do a work or deliver a service against his will.”
In the event, an employer forces an employee to perform any other work other than those mentioned in the employment contract based on employee’s designation, then an employee may quit the employment without serving the notice period to an employer. This is in accordance with Article 45(4) of the Employment Law, which states,
“The employee may quit work without notice and reserve all his entitlements at the end of service if the employer entrusts the employee with a work that is substantially different from the work agreed upon in the employment contract, without the written consent of the employee, except in cases stated in Article 12 hereof.”
Based on the aforementioned provisions of law, an employer cannot assign work that is substantially different from the agreed role without the employee’s written consent. You may review your contract to seek alignment of duties or request appropriate training, as it is your employer’s obligation to invest in the development of its employee to upskill through training. An employer cannot force his employee to undertake new tasks without their agreement. If you feel pressured to perform tasks outside the scope of your original contract and this pressure includes threats or coercion, you may resign. You may discuss this with your employer and ask them to pay for the training to develop skills to do the significantly different work as requested by your employer. Further if your employer does not agree to this and is forcing you to do the different job role, you may approach the Ministry of Human Resources and Emiratisation and register a complaint against your employer.
Applicable law:
Federal Decree Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Source: Khaleej Times