Ajman

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Employment Laws and Rights

Sections

1. Labor Contracts

  • Types of Contracts:
    • As of February 2022, all employment contracts in the UAE must be fixed-term contracts with a maximum duration of 3 years, renewable upon mutual agreement. Unlimited contracts are no longer permitted.
    • Contracts must clearly specify job roles, salary, working hours, leave entitlements, and other terms.
  • Language: Contracts must be in Arabic, but they can be bilingual (e.g., Arabic and English). The Arabic version prevails in case of disputes.
  • Registration: All labor contracts must be registered with the Ministry of Human Resources and Emiratisation (MOHRE).

2. Working Hours

  • Standard Hours:
    • The standard working hours are 8 hours per day or 48 hours per week.
    • During Ramadan, working hours are reduced by 2 hours per day for all employees, regardless of religion.
  • Overtime:
    • Employees are entitled to overtime pay if they work beyond the standard hours. Overtime is compensated at:
      • 125% of the regular hourly wage for normal overtime.
      • 150% of the regular hourly wage for overtime between 10:00 PM and 4:00 AM, except for shift workers.
  • Rest Days: Employees are entitled to at least one day off per week, typically Friday, though this can vary depending on the employer.

3. Wages

  • Payment System:
    • Salaries must be paid through the Wage Protection System (WPS), an electronic system monitored by MOHRE to ensure timely payment.
  • Minimum Wage:
    • As of now, there is no official minimum wage for expatriates in the UAE. However, wages must be agreed upon in the employment contract.
  • Deductions:
    • Employers cannot deduct wages except for specific reasons, such as fines for misconduct or repayment of loans, and only within legal limits.

4. Leave Entitlements

  • Annual Leave:
    • Employees are entitled to 30 calendar days of paid annual leave after completing one year of service.
    • For employees with less than one year of service, leave is calculated on a pro-rata basis.
  • Sick Leave:
    • Employees are entitled to 90 days of sick leave per year, which is divided as follows:
      • First 15 days: Full pay.
      • Next 30 days: Half pay.
      • Remaining 45 days: Unpaid.
    • A medical certificate is required to claim sick leave.
  • Public Holidays:
    • Employees are entitled to paid leave on UAE public holidays, such as Eid Al-Fitr, Eid Al-Adha, National Day, and others.
  • Maternity Leave:
    • Female employees are entitled to 60 days of maternity leave:
      • 45 days at full pay.
      • 15 days at half pay.
    • Additional unpaid leave of up to 45 days can be taken if required.
  • Paternity Leave:
    • Male employees are entitled to 5 days of paid paternity leave, to be taken within 6 months of the child’s birth.

5. Termination Procedures

  • Notice Period:
    • The notice period for terminating an employment contract is typically 30 to 90 days, depending on the contract terms.
  • End-of-Service Gratuity:
    • Employees who complete at least 1 year of continuous service are entitled to an end-of-service gratuity:
      • 21 days’ basic salary for each year of service for the first 5 years.
      • 30 days’ basic salary for each additional year of service beyond 5 years.
    • Gratuity is calculated based on the employee’s last drawn basic salary.
  • Unlawful Termination:
    • Termination is considered unlawful if it is based on discrimination, harassment, or an employee’s refusal to perform illegal acts.
    • Employees can file a complaint with MOHRE in case of unfair dismissal.

6. Key Worker Rights

  • Non-Discrimination:
    • The UAE prohibits discrimination based on race, color, sex, religion, nationality, or disability.
  • Equal Pay:
    • Men and women must receive equal pay for equal work.
  • Harassment:
    • Workplace harassment, including sexual harassment, is strictly prohibited.
  • Health and Safety:
    • Employers are required to provide a safe working environment and comply with health and safety regulations.

7. Costs and Procedures

  • Work Permits:
    • To work in Ajman, expatriates must obtain a work permit and a residency visa. These are typically arranged by the employer.
    • Costs for work permits and visas are usually borne by the employer.
  • Medical Tests:
    • Employees must undergo a medical fitness test as part of the visa process. This includes screening for communicable diseases such as HIV and tuberculosis.
  • Emirates ID:
    • Employees must apply for an Emirates ID, which serves as the official identification document in the UAE.
  • Labor Card:
    • A labor card is issued by MOHRE and is mandatory for all employees.

8. Local Considerations in Ajman

  • Cost of Living:
    • Ajman is one of the more affordable emirates in the UAE, with lower housing and living costs compared to Dubai or Abu Dhabi. However, salaries may also reflect this difference.
  • Cultural Sensitivity:
    • Ajman, like the rest of the UAE, is a Muslim-majority region. Employees are expected to respect local customs, dress modestly, and adhere to Islamic practices, especially during Ramadan.
  • Transportation:
    • Public transportation in Ajman is limited compared to larger emirates. Many employees rely on private vehicles or employer-provided transportation.

9. Dispute Resolution

  • Filing Complaints:
    • Employees can file complaints with MOHRE if they face issues such as unpaid wages, unfair dismissal, or contract violations.
    • Complaints can be submitted online through the MOHRE website or via the Tawafuq centers.
  • Labor Courts:
    • If disputes are not resolved through MOHRE, cases may be escalated to the Labor Court. Legal representation is recommended for court proceedings.

10. Key Resources

  • Ministry of Human Resources and Emiratisation (MOHRE):
  • Ajman Municipality:
    • For local regulations and permits.
  • Tawafuq Centers:
    • Centers for resolving labor disputes and providing MOHRE services.

This guide provides a detailed overview of employment laws and rights in Ajman, UAE. If you have specific questions or need further assistance, feel free to ask!