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Find out moreWe are excited to share the latest edition of the Law Update, beautifully and appropriately titled “Sustainable Horizons: The Saudi Arabian Vision.” Giving special honor to the Kingdom’s 2030 vision, this update focuses on a collection of both informative and inspiring articles.
For those in construction, you can learn about how the tendering environment impacts risk-pricing for contractors, the updates on the legal framework of the construction industry and how contractors can protect themselves against financial difficulties.
There is good news too from the kingdom’s banking sector, from which the practice of “Open Banking” is being pushed for! But what is open banking? We’re answering that too.
Also . . . Are there any women trail blazers in Saudi Arabia you can name? We’ll help you with that. We cover how the Middle East has been making strides in empowering women in the entrepreneurial space,most notably in STEM fields.
Read the full editionJassim Babaish - Partner - Litigation
Eman Ahmed - Senior Associate - Litigation
Jyothi Venugopal - Associate - Litigation
As of 2 February 2022, the new UAE Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (“New Labour Law”) will come into effect. The New Labour Law will replace the previous Federal Law No. 8 of 1980 (as amended) (“Federal Law No 8 of 1980”).
The New Labour Law applies to all the private sector establishments in the UAE save for the free zone companies in Dubai International Financial Centre and Abu Dhabi Global Market. It implements several positive changes that fosters the work environment.
With this massive development, there is a demonstrated commitment of the UAE to bring its employment legislation in line with the recognised global standards and the emerging market practices.
This article provides a summary overview on some of the key provisions under the New Labour Law relating to the dismissal of employees without prior notice (Article 44) and the temporary suspension of an employee (Article 40). It conducts a comparative analysis of the above two articles with the provisions set out under the Federal Law No. 8 of 1980 and points out the changes introduced by the New Labour Law. We also shed some insights on the position followed by the UAE courts in the past which is anticipated to change following the implementation of the New Labour Law.
Article 44 of the New Labour Law deals with immediate termination of employees without prior notice. It provides for ten (10) different events/circumstances under which an employer may terminate and dismiss an employee as follows:
Under the previous Federal Law No 8 of 1980, the grounds for the similar immediate termination was covered under Article 120 thereof. On this topic, some of the notable points of differences between the provisions of summary dismissal stipulated under the New Labour Law and those under the Federal Law No 8 of 1980 are:
Article 40 of the New Labour Law deals with temporary suspension from work. Under the previous Federal Law No 8 of 1980, temporary suspension was covered under Article 112.
Different from the Federal Law No 8 of 1980, the New Labour Law explains the mechanism to be followed by the employer so as to suspend the employee temporarily from work.
The major differences between the two legislations on the issue of temporary suspension from work are as follows:
Article 40(2) of the New Labour Law provides that if the employee is acquitted by the competent judicial entity or the investigation is dismissed, the employee shall return to work and will be paid all the salaries that were pending during the suspension period. By contrast and under Article 112 of the Federal Law No 8 of 1980, the basis for an employee’s entitlement to his salary in respect of a period of suspension from employment is dependent upon the employee to prove that his suspension was an arbitrarily act by his employer. In other words, the onus of proof is on the employee to evidence that the employer maliciously made up the accusation, even if the Public Prosecution decides that there are no grounds for bringing a criminal case against the employee. (Dubai Court of Cassation, Cassation No. 115-2012 (Labor) dated 05.03.13). Under the New Labour Law, the employee is no longer required to prove that any malicious act was done by his employer. A notable difference is that the New Labour Law allows for suspension from the date of accusing the employee of a criminal offence, whereas the suspension under the previous legislation was from the date of reporting to the authorities. Generally speaking, a formal accusation of a criminal matter occurs through the Public Prosecution.
The New Labour Law undoubtedly takes into account the requirements of the best standards in the employment practice. It aims to support the best industrial progress and efficiency in the labour market. The New Labour Law is a milestone to ensure the interests of employee as well as the employer in a balanced manner.
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