Some bosses still trying to prevent employees from switching companies, UAE judge says

Sweeping changes made to UAE labour laws in February further protect the rights of employees and have made it easier for them to switch jobs.

This includes shorter probation periods, the right to join a competitor immediately after resigning and the possibility of refusing to work during the notice period if the employee can prove mistreatment at the hands of the employer.

Here, The National explains the rights of the employees that have received less coverage until now.

Is the probation period mandatory in the UAE? Can I skip it?

The new clauses in the labour laws have brought changes to the probation period.

Probation is not automatic and an employee has to agree to that period at the start of their employment.

It is customary to have a probation period of two or three months for employees. This can go up to a maximum of six months.

Courts still see cases of employees who worked without contracts and of others who are requesting to regain documents like passports, degrees and even birth certificates that were seized by their employers

Dr Ali Al Hosani,
judge at Dubai Labour Court

This is currently the case but exceptions are permitted if mutually agreed on before signing the employment contract.

“Employees and employers can agree on the duration of the probation period, which can be as short as one month,” said Dr Ahmad Al Shehhi, head of labour complaints at the Ministry of Human Resources and Emiratisation.

He was speaking at the Second Employer Forum organised by Sharjah’s Labour Standards Development Authority (LSDA) on Tuesday.

“Rights such as salary and leave days will be applicable immediately after completing the probation period," he said.

Legal consultant Ashraf Sakr told The National that under the new labour laws, it is possible to cancel the probation period entirely.

“When the old law used the phrase 'no more than six months', it was only to make the maximum duration of the probation period clear to all,” he said.

“This means that employers and employees could come to an agreement that reduces the duration of the probation period or even cancel it entirely.”

Under the old Labour Law, employees on probation could be also terminated without notice, but this is no longer the case. Under the new laws, all employees on probation must be given 14 days’ notice of termination by the employer.

The situation is slightly different for employees who wish to leave. All employees who are on probation must give formal notice if they end their employment with a company. The exact number of days depends on their intentions.

If the employee intends to leave the UAE, they are required to provide notice of 14 days. If the employee is moving to a new job within the country, they are required to give 30 days' notice.

If an employee moves to a new company within the probation period, the new employer is obliged to compensate the previous employer for costs incurred in employing them, such as visa fees.

Can I join a competitor immediately after resigning from my current job?

Yes, the new laws make this possible.

Before the changes were introduced, an employer could stop an employee from moving to another company in the same industry for two years and could place a work ban on the person if he did so.

This rule was only applicable to employees moving from one private-sector job to another, and not to those moving to a government job.

This limited the options of employees. Many would leave the country for two years and then return to another job in the UAE.

But this has changed. Workers are free to move to any company immediately after they resign from their current job and employers cannot stop them.

“The previous law didn’t allow that free movement and some employers misused that freedom to impose work bans against their employees who wanted to work for others,” Mr Sakr said.

Can I refuse to work during the notice period?

This may be allowed in rare cases.

Dr Ali Al Hosani, the appeal judge and director of the technical office at Dubai Labour Court, who also spoke at the employer forum in Sharjah, said a person could not be asked to work during the notice period if he could prove unfair treatment at work.

Such unfair treatment includes not paying their salary on time, subjecting employees to abuse, discrimination or anything that may pose risk to their safety. All this should have been proved in a labour department or court.

It is up to the company to have the employee come to the office during the notice period or let him stay at home. The employee will be entitled to their salary during the notice period and all benefits when leaving the job.

Know your rights

Dr Al Hosani urged workers and employers to be more aware of their rights and responsibilities, and to ensure that all the details of their employment relationship are documented.

“Everything must be documented because these documents are evidence, should anything go wrong,” he said.

“Courts still see cases of employees who worked without contracts and of others who are requesting to regain possession of documents like passports, degrees and even birth certificates that were seized by their employers.”

The speakers at the forum also explained that employees who are being forced to do work that is entirely different from what they were hired for can resign and join a new company.

Dr Al Hosani said an employee needed to lodge a complaint with the Ministry of Human Resources and Emiratisation if their employer failed to honour the work contract.

“Employers will be given 14 days to resolve the disputes before they are referred to court,” he said.

“The new law aims to resolve disputes, not overload the courts with cases; that is why it gives employers a grace period of 14 days.

“Almost 90 per cent of 13,338 labour cases heard by Dubai courts in 2021 were about unpaid wages, which remain on top of the list of this year’s cases as well.”

Out of the total number of cases, 2,379 were resolved amicably, he said.

New Labour Law explained — in pictures

Under the UAE's amended laws, many private sector workers on permanent contracts will find themselves moved to rolling fixed-term contracts. Stephen Lock / The National
Lawyer Mohamed Rouchdi said job-sharing could benefit mothers returning to the workplace and students looking to make some cash. Ruel Pableo for The National
A person who loses or leaves their job will now have 180 days, instead of 30 days, to find new work. The move will reduce the pressure to leave the country in the event of a job loss. Nicole Hill / The National
The Gate Building at Dubai International Financial Centre. Employees in the free zone and at Abu Dhabi Global Markets are not affected by the changes. Antonie Robertson / The National
Government sector workers are also not affected by the changes. Ali Haider / EPA

MATCH INFO

Uefa Champions League semi-finals, second leg:

Liverpool (0) v Barcelona (3), Tuesday, 11pm UAE

Game is on BeIN Sports

Know your Camel lingo

The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home

Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless

Asayel camels - sleek, short-haired hound-like racers

Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s

Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival

Jetour T1 specs

Engine: 2-litre turbocharged

Power: 254hp

Torque: 390Nm

Price: From Dh126,000

Available: Now

How much do leading UAE’s UK curriculum schools charge for Year 6?

Nord Anglia International School (Dubai) – Dh85,032
Kings School Al Barsha (Dubai) – Dh71,905
Brighton College Abu Dhabi - Dh68,560
Jumeirah English Speaking School (Dubai) – Dh59,728
Gems Wellington International School – Dubai Branch – Dh58,488
The British School Al Khubairat (Abu Dhabi) - Dh54,170
Dubai English Speaking School – Dh51,269

*Annual tuition fees covering the 2024/2025 academic year

UAE currency: the story behind the money in your pockets

Specs

Engine: 51.5kW electric motor

Range: 400km

Power: 134bhp

Torque: 175Nm

Price: From Dh98,800

Available: Now

PROFILE OF INVYGO

Started: 2018

Founders: Eslam Hussein and Pulkit Ganjoo

Based: Dubai

Sector: Transport

Size: 9 employees

Investment: $1,275,000

Investors: Class 5 Global, Equitrust, Gulf Islamic Investments, Kairos K50 and William Zeqiri

What are the influencer academy modules?

Mastery of audio-visual content creation.
Cinematography, shots and movement.
All aspects of post-production.
Emerging technologies and VFX with AI and CGI.
Understanding of marketing objectives and audience engagement.
Tourism industry knowledge.
Professional ethics.

MAIN CARD

Bantamweight 56.4kg
Abrorbek Madiminbekov v Mehdi El Jamari

Super heavyweight 94 kg
Adnan Mohammad v Mohammed Ajaraam

Lightweight 60kg
Zakaria Eljamari v Faridoon Alik Zai

Light heavyweight 81.4kg
Mahmood Amin v Taha Marrouni

Light welterweight 64.5kg
Siyovush Gulmamadov v Nouredine Samir

Light heavyweight 81.4kg
Ilyass Habibali v Haroun Baka

While you're here ...

Nick Webster: Vaccine hesitancy is a public health threat, scientists warn

National Editorial: Malaria breakthrough could stop the disease in its tracks

Yap Seng Chong and Swaine Chen: Get ready, there will be another pandemic

More from Tom Fletcher

How the UAE can become a soft power superpower

There are plenty of reasons to be hopeful, despite what the pessimists say

Soft power is about attraction rather than coercion

In the digital age, anyone can be a diplomat. Increasingly, everyone will need to be

SPECS

%3Cp%3E%3Cstrong%3EEngine%3A%3C%2Fstrong%3E%206-cylinder%203-litre%2C%20with%20petrol%20and%20diesel%20variants%3Cbr%3E%3Cstrong%3ETransmission%3A%20%3C%2Fstrong%3E8-speed%20automatic%3Cbr%3E%3Cstrong%3EPower%3A%3C%2Fstrong%3E%20286hp%20(petrol)%2C%20249hp%20(diesel)%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E450Nm%20(petrol)%2C%20550Nm%20(diesel)%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EStarting%20at%20%2469%2C800%3Cbr%3E%3Cstrong%3EOn%20sale%3A%20%3C%2Fstrong%3ENow%3C%2Fp%3E%0A

Star%20Wars%3A%20Ahsoka%20

%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Various%20%3Cbr%3E%3Cstrong%3EStarring%3A%3C%2Fstrong%3E%20Rosario%20Dawson%2C%20Natasha%20Liu%20Bordizzo%2C%20Lars%20Mikkelsen%20%3Cbr%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%204%2F5%0D%3Cbr%3E%3C%2Fp%3E%0A

Karwaan

Producer: Ronnie Screwvala

Director: Akarsh Khurana

Starring: Irrfan Khan, Dulquer Salmaan, Mithila Palkar

Rating: 4/5

Know your camel milk:
Flavour: Similar to goat’s milk, although less pungent. Vaguely sweet with a subtle, salty aftertaste.
Texture: Smooth and creamy, with a slightly thinner consistency than cow’s milk.
Use it: In your morning coffee, to add flavour to homemade ice cream and milk-heavy desserts, smoothies, spiced camel-milk hot chocolate.
Goes well with: chocolate and caramel, saffron, cardamom and cloves. Also works well with honey and dates.

While you're here

Andrew Wilks: The violent legacy of a group that France plans to ban

Damien McElroy: Biden must not fall for Erdogan's promised reforms

David Lepeska: 16th-century pirates inspire Erdogan's foreign policy

The biog

Name: Abeer Al Shahi

Emirate: Sharjah – Khor Fakkan

Education: Master’s degree in special education, preparing for a PhD in philosophy.

Favourite activities: Bungee jumping

Favourite quote: “My people and I will not settle for anything less than first place” – Sheikh Mohammed bin Rashid.

Andor

%3Cp%3E%3Cstrong%3ECreator%3A%3C%2Fstrong%3E%20Tony%20Gilroy%3Cbr%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3EDiego%20Luna%2C%20Genevieve%20O'Reilly%2C%20Alex%20Ferns%3Cbr%3E%3Cstrong%3ERating%3A%205%3C%2Fstrong%3E%2F5%3C%2Fp%3E%0A

The%20specs%3A%20Taycan%20Turbo%20GT

%3Cp%3E%3Cstrong%3EEngine%3A%20%3C%2Fstrong%3EDual%20synchronous%20electric%20motors%0D%3Cbr%3E%3Cstrong%3EPower%3A%20%3C%2Fstrong%3E1%2C108hp%0D%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E1%2C340Nm%0D%3Cbr%3E%3Cstrong%3ETransmission%3A%20%3C%2Fstrong%3ESingle-speed%20automatic%20(front%20axle)%3B%20two-speed%20transmission%20(rear%20axle)%0D%3Cbr%3E%3Cstrong%3ETouring%20range%3A%20%3C%2Fstrong%3E488-560km%0D%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EFrom%20Dh928%2C400%0D%3Cbr%3E%3Cstrong%3EOn%20sale%3A%20%3C%2Fstrong%3EOrders%20open%3C%2Fp%3E%0A

Emergency

Director: Kangana Ranaut

Stars: Kangana Ranaut, Anupam Kher, Shreyas Talpade, Milind Soman, Mahima Chaudhry

Rating: 2/5

The specs

Engine: 3.6 V6

Transmission: 8-speed auto

Power: 295bhp

Torque: 353Nm

Price: Dh155,000

On sale: now

The Kites

Romain Gary

Penguin Modern Classics

COMPANY PROFILE

Name: Akeed

Based: Muscat

Launch year: 2018

Number of employees: 40

Sector: Online food delivery

Funding: Raised $3.2m since inception

Avatar: Fire and Ash

Director: James Cameron

Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana

Rating: 4.5/5

A list of the animal rescue organisations in the UAE

Looking for a new family pet? Here are the links to visit when it comes to adopting...

Animal Welfare Abu Dhabi

Rescue of Abu Dhabi

Feline Friends Abu Dhabi

Animal Welfare Al Ain

Yanni Animal Welfare

Animals and Us Fujairah

Arabian Saluki Center of Dubai (Ascod)

38 Smiles

Emirates Animal Welfare Society

Red Paw Foundation

KittySnip

Saluki International Rescue

K9 Friends Dubai

Amanda's Animal Rescue UAE

Ahmed's Animal Rescue

Al Mayya K9 Adoptions

New Life Rescue

Rescue Animals in Need United Arab Emirates

Stray Dogs Center UAQ

Sniff - Strays Needing Interim of Furever Friends

PARA UAE - Protection of Animal Rights Association

Ras Al Khaimah Animal Welfare Centre

Shepherd Rescue Arabia

Friends of Rakawc

UAQAC Umm Al Quwain Animal Care

Where to buy

Limited-edition art prints of The Sofa Series: Sultani can be acquired from Reem El Mutwalli at www.reemelmutwalli.com

The%20specs

%3Cp%3E%3Cstrong%3EEngine%3A%3C%2Fstrong%3E%203.0-litre%20six-cylinder%20turbo%20(BMW%20B58)%3Cbr%3E%3Cstrong%3EPower%3A%3C%2Fstrong%3E%20340hp%20at%206%2C500rpm%3Cbr%3E%3Cstrong%3ETorque%3A%3C%2Fstrong%3E%20500Nm%20from%201%2C600-4%2C500rpm%3Cbr%3E%3Cstrong%3ETransmission%3A%3C%2Fstrong%3E%20ZF%208-speed%20auto%3Cbr%3E%3Cstrong%3E0-100kph%3A%3C%2Fstrong%3E%204.2sec%3Cbr%3E%3Cstrong%3ETop%20speed%3A%3C%2Fstrong%3E%20267kph%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EOn%20sale%3A%3C%2Fstrong%3E%20Now%3Cbr%3E%3Cstrong%3EPrice%3A%3C%2Fstrong%3E%20From%20Dh462%2C189%3Cbr%3E%3Cstrong%3EWarranty%3A%3C%2Fstrong%3E%2030-month%2F48%2C000k%3C%2Fp%3E%0A

The specs

Engine: 6.2-litre supercharged V8

Power: 712hp at 6,100rpm

Torque: 881Nm at 4,800rpm

Transmission: 8-speed auto

Fuel consumption: 19.6 l/100km

Price: Dh380,000

On sale: now

The National Archives, Abu Dhabi

Founded over 50 years ago, the National Archives collects valuable historical material relating to the UAE, and is the oldest and richest archive relating to the Arabian Gulf.

Much of the material can be viewed on line at the Arabian Gulf Digital Archive - https://www.agda.ae/en

Expo details

Expo 2020 Dubai will be the first World Expo to be held in the Middle East, Africa and South Asia

The world fair will run for six months from October 20, 2020 to April 10, 2021.

It is expected to attract 25 million visits

Some 70 per cent visitors are projected to come from outside the UAE, the largest proportion of international visitors in the 167-year history of World Expos.

More than 30,000 volunteers are required for Expo 2020

The site covers a total of 4.38 sqkm, including a 2 sqkm gated area

It is located adjacent to Al Maktoum International Airport in Dubai South