UAE Labour Laws: Safeguarding Employees from Discrimination

Introduction

The UAE has witnessed significant developments in its labour laws to promote fair and just employment practices. One important aspect of this law is the prohibition of discrimination, ensuring equal opportunities for all workers.

Federal Decree-Law No. 33/2021, known as the Labour law, expressly addresses discrimination in various aspects, emphasizing the importance of treating employees fairly and equally.

Equality and Non-discrimination

Article 4 of the Labour Code prohibits discrimination based on race, colour, sex, religion, national origin, social origin, or disability. This extends to all stages of employment, from recruitment to the continuation of employment, ensuring that every worker has an equal opportunity and is not discriminatory in their job.

Moreover, the Labour law emphasizes pay equality by stating that Female Workers shall be granted remuneration equal to male Workers' remuneration if they perform the same work or another work of equal value.

Prohibition of Forced Labour and other Prohibitions

The Labour Code takes a strong stance against forced labour, emphasizing the importance of a workplace free from harassment and violence. Sexual harassment, bullying, or any form of violence against workers is strictly prohibited, highlighting the commitment to maintaining a safe and respectful working environment.

Maternity Leave

Recognizing the unique challenges faced by female workers, Article 30 ensures that the termination of a female worker's service is not allowed due to pregnancy, maternity leave, or related absences.

Cases of Dismissal of the Worker without Notice

Article 44 outlines specific conditions under which an employer may dismiss a worker without notice. Importantly, the reasons for dismissal are clearly defined, ensuring that termination is based on reasonable grounds, such as serious misconduct, violation of safety regulations, or illegal activities. This provides a balance between protecting workers and allowing employers to take necessary actions in certain situations.

Illegal Termination of the Worker’s Service

Article 47 strengthens the prohibition of illegal termination, specifically addressing situations where a worker's dismissal is a result of filing a valid complaint or lawsuit against the employer. In such cases, the employer is required to provide fair compensation, recognizing the impact of unlawful termination on the worker.

Individual Labour Disputes

The revised Article 54 establishes a comprehensive mechanism for settling individual labour disputes.

The Ministry plays a pivotal role in facilitating amicable settlements and, in case of failure, refers disputes to competent courts.

This ensures a timely and effective resolution of disputes, preventing extended legal battles and ensuring justice for both parties. Article 55 exempts labour cases from judicial fees, making the legal process more accessible to workers.

Conclusion

the UAE Labour Law outlines a commitment to protecting workers' rights and encouraging workplace equality. By addressing discrimination, ensuring fair dismissal procedures, and establishing dispute resolution mechanisms, the law contributes to creating a work environment that encourages mutual respect and compliance.

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Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.