Question: I work in a mainland company in Dubai and have a UAE Golden Visa. My mother is unwell back home in India and needs long-term care. Is there a provision in the UAE Labour Law that I get to retain my job but work from India? How does that work? What are my options?
Answer: Pursuant to your queries, the provisions of the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations (the “UAE Employment Law”) and cabinet resolution are applicable.
An employee may work remotely, fully or partially, provided it is agreed between the employer and employee. This is in accordance with Article 5 (1) (a) of the Cabinet Resolution No. (1) of 2022 On the Implementation of Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relations (the “Cabinet Resolution No. (1) of 2022”).
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“1. Subject to the provisions of Article (7) of the Decree-Law, the contract between the worker and employer shall be according to any of the work types set out therein, in addition to the following types:
a. Remote work: All or part of the work is performed outside the workplace, with electronic communication between the worker and the employer in lieu of physical presence, whether the work is part-time or full-time.”
An employment contract must clearly state the details of both parties, job role, wages, working hours, leave entitlements, notice period, and other terms required by the Ministry of Human Resources and Emiratisation.
The contract may include additional clauses and may be changed to a remote work contract with mutual consent of an employer and an employee.
Further, the remote work arrangements should be agreed in writing through the employment contract or an amendment and may be converted to remote work if they comply with the provisions of the decree-law, this resolution and the legal regulations. This is in accordance with Article 10(3) of the Cabinet Resolution No. 1 of 2022.
“Subject to the provisions of Article (8) of the Decree-Law:
1. The employment contract should include the name and address of the employer; the name, nationality and date of birth of the worker; proof of his identity; his qualification; the job or occupation; the date of work commencement; the workplace; the working hours; the rest days; the probationary period, if any; the term of the contract; the wage agreed upon, including the benefits and allowances; the annual leave entitlements; the notice period; the procedures for terminating the employment contract; and any other data determined by the Ministry in order to regulate the relationship between both parties.
2. The employee and the employer may agree to introduce new clauses to the approved contract forms, provided that they are in agreement with the provisions of the decree-law, this resolution and the legal regulations.
3. The contract may be changed from one work type to another subject to the following:
a. Approval of both the worker and the employer.
b. Payment of all the entitlements arising from the original contract.
c. Compliance with the procedures as set out by the Ministry.
4. The worker and the employer shall contract for the work type agreed upon using the contract forms in the Ministry’s system, namely:
e. Remote work contract.”
An employee may work remotely with the employer’s approval, and the employer may set specific working hours for them. This is in accordance with Article 17 (6) of the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations: “If the worker wishes to perform his work remotely, whether inside or outside the State, with the approval of the employer, the latter may require specific working hours.”
In accordance with the aforesaid provisions of the law, you may work remotely from India; however, it is entirely subject to the approval of your employer.
Your ability to retain employment while working from India will depend on mutual agreement with your employer and execution of the employment contract/amendment that is in accordance with the UAE Employment Law and the Cabinet Resolution.
Applicable laws:
· Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relations.
· Cabinet Resolution No. (1) of 2022 On the Implementation of Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relations.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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