Fujairah

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Employment Laws

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Comprehensive Guide to Employment Laws in Fujairah, United Arab Emirates (UAE)

Fujairah, one of the seven emirates of the UAE, operates under the federal labor laws of the UAE, which are governed by Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (commonly referred to as the UAE Labour Law). This law applies across all emirates, including Fujairah, and governs employment relationships in the private sector. Below is a detailed guide to employment laws, legal requirements, labor rights, employer obligations, visa and work permit procedures, costs, and local considerations in Fujairah.

1. Legal Requirements for Employment in Fujairah

a. Work Permits and Visas

To work legally in Fujairah, expatriates must obtain a work permit and a residency visa. These are typically arranged by the employer. The process involves:

  • Work Permit: Issued by the UAE Ministry of Human Resources and Emiratisation (MOHRE).
  • Residency Visa: Issued by the General Directorate of Residency and Foreigners Affairs (GDRFA).

b. Eligibility for Employment

  • Minimum age for employment: 18 years.
  • Expatriates must have a valid job offer and meet the qualifications required for the position.
  • Certain professions may require additional certifications or approvals (e.g., medical professionals, engineers).

c. Employment Contracts

  • Employment contracts must be in writing and registered with MOHRE.
  • Contracts can be limited-term (fixed duration) or unlimited-term (open-ended).
  • The contract must specify job title, salary, working hours, leave entitlements, and other terms.

2. Labor Rights in Fujairah

The UAE Labour Law ensures several rights for employees, including:

a. Working Hours

  • Standard working hours: 8 hours per day or 48 hours per week.
  • During Ramadan, working hours are reduced by 2 hours per day.
  • Overtime: Employees are entitled to overtime pay at 125% of their regular wage (or 150% for overtime between 10:00 PM and 4:00 AM).

b. Wages

  • Wages must be paid in UAE dirhams (AED) and through the Wage Protection System (WPS), a government-monitored electronic system.
  • There is no federal minimum wage, but wages must be agreed upon in the employment contract.

c. Leave Entitlements

  • Annual Leave: 30 calendar days per year after completing one year of service.
  • Sick Leave: Up to 90 days per year (15 days fully paid, 30 days half-paid, and the remaining 45 days unpaid).
  • Maternity Leave: 60 days (45 days fully paid and 15 days half-paid).
  • Paternity Leave: 5 days within the first 6 months of the child’s birth.
  • Public Holidays: Employees are entitled to paid leave on official UAE public holidays.

d. End-of-Service Gratuity

  • Employees who complete at least one year of service are entitled to an end-of-service gratuity.
  • Gratuity is calculated based on the last basic salary:
    • 21 days’ basic pay for each year of service for the first 5 years.
    • 30 days’ basic pay for each additional year of service.

e. Termination and Notice Period

  • Notice period: Minimum of 30 days (can be longer if specified in the contract).
  • Termination must comply with the UAE Labour Law, and arbitrary dismissal is prohibited.

3. Employer Obligations

Employers in Fujairah are required to:

  • Obtain work permits and residency visas for their employees.
  • Provide health insurance (mandatory for all employees).
  • Ensure a safe and healthy working environment.
  • Pay wages on time through the WPS.
  • Respect employee rights, including leave entitlements and end-of-service benefits.
  • Bear the costs of visa processing, work permits, and medical tests.

4. Visa and Work Permit Procedures

a. Steps to Obtain a Work Permit

  1. Job Offer Letter: The employer issues a job offer letter to the employee, which must be signed and submitted to MOHRE.
  2. Work Permit Application: The employer applies for a work permit through MOHRE.
  3. Medical Fitness Test: The employee undergoes a medical test at an approved health center in Fujairah.
  4. Residency Visa Application: Once the work permit is approved, the employer applies for the employee’s residency visa through GDRFA.
  5. Emirates ID: The employee must apply for an Emirates ID card, which is mandatory for all residents.

b. Costs Involved

  • Work Permit Fees: AED 300 to AED 5,000, depending on the skill level of the employee and the company’s classification.
  • Residency Visa Fees: AED 1,000 to AED 2,000 (valid for 2-3 years).
  • Medical Test Fees: AED 250 to AED 500.
  • Emirates ID Fees: AED 100 to AED 200 per year of validity.

Employers are responsible for covering these costs.

5. Specific Local Considerations in Fujairah

a. Cultural Sensitivity

  • Fujairah is more traditional compared to other emirates like Dubai or Abu Dhabi. Employees should respect local customs, dress modestly, and adhere to Islamic cultural norms.
  • Friday is the weekly day off, and many businesses operate on a Sunday-Thursday workweek.

b. Language

  • Arabic is the official language, but English is widely used in workplaces. Employment contracts are typically bilingual (Arabic and English).

c. Free Zones

Fujairah has several free zones, such as the Fujairah Free Zone (FFZ), which have their own employment regulations. Employees working in free zones are governed by the free zone authority’s rules, which may differ slightly from federal labor laws.

d. Health and Safety

Employers must comply with health and safety regulations, particularly in industries like construction and shipping, which are prominent in Fujairah.

6. Practical Tips for Employees

  • Understand Your Contract: Ensure you fully understand the terms of your employment contract before signing.
  • Know Your Rights: Familiarize yourself with your rights under the UAE Labour Law.
  • Health Insurance: Confirm that your employer provides health insurance, as it is mandatory.
  • Cultural Awareness: Be respectful of local customs and traditions, especially during Ramadan and other religious occasions.
  • Legal Assistance: If you face any disputes, you can file a complaint with MOHRE or seek assistance from the Fujairah Labour Court.

7. Dispute Resolution

If an employee faces issues such as unpaid wages, unfair dismissal, or breach of contract, they can:

  1. File a complaint with MOHRE through their website, mobile app, or customer service centers.
  2. If unresolved, the case will be referred to the Fujairah Labour Court.

Conclusion

Employment in Fujairah is governed by the UAE Labour Law, which provides robust protections for employees while outlining clear obligations for employers. Expatriates must ensure they have the necessary work permits and residency visas, which are typically handled by their employers. Understanding local customs, labor rights, and legal procedures is essential for a smooth working experience in Fujairah. By adhering to these guidelines, employees and employers can foster a positive and compliant work environment.