Posted inFeatures

Work it out

Get a grip on labour laws, working hours, and the red tape wrapped around your new job in the UAE

Despite the horror stories rolling in from all over the world, a look at Abu Dhabi’s booming economy might cause the casual observer to ask, ‘What global recession?’ Here are some general guidelines for working in the capital.

Finding a job

Whether you’re job hunting from within the UAE or from abroad, perhaps the best way to begin your search is online. There are hundreds of websites devoted to job placement in Abu Dhabi – even the government of Abu Dhabi has set up a website (www.jobs.abudhabi.ae) to help job seekers find work. Here are a few other popular sites to try:

www.abudhabijobsite.com
www.allabudhabijobs.com
www.bayt.com
www.monstergulf.com
www.naukrigulf.com
www.recruitgulf.com

Another way to go is with a recruitment agency. Like the headhunting websites, many agencies accept CVs via email and contact potential candidates to interview. If you decide to go with an agency, it will take its fee from the registered company once the position has been filled. It is illegal for a recruitment company to charge job seekers any fees for their service. If an agency asks you for any money for recruitment, you should report that agency immediately to the nearest labour department.

Major industries

With the enormous influx of expatriates to the capital, qualified teachers and nurses will always find work. There seem to be an equal number of jobs in the finance and IT industries. Another growing sector is in the field of sustainability; though you’ll need more specific credentials anyone with expertise in any area of alternative energy should take a look around.

Despite your qualifications, construction companies are always looking for anyone with skills in Autocad. They also hire secretaries, personal assistants, accountants, and receptionists in addition to higher-caliber jobs for engineers, architects, interior specialists and more. Other fields where people can find jobs in Abu Dhabi are in the hotel and restaurant businesses, sales, marketing, web design, communications, and trading businesses.


Labour laws

Before signing a contract, you should be familiar with UAE labour laws. We’ve listed the basics here, but you’ll find the document in its entirety in both English and Arabic on the Ministry of Labour’s website www.mol.gov.ae or call 02 667 1700 with any queries

Visas and sponsorship

Essentially, every expat in the UAE is here either on a visit visa, a family-sponsored residence visa, or a work visa. Once you get a job, your employer should handle all the paperwork involved in arranging for your residency and applying for your labour card. If, for some reason, you’re left to manage this process on your own, you can download the required forms and procedures from the Ministry of Labour website.

Once you’re sponsored, you may want to apply to sponsor your spouse and children, if your employer doesn’t make these arrangements for you. To do this you will need a minimum monthly salary of Dhs3,000 plus accommodation, or a minimum, all-inclusive salary of Dhs4,000. You must arrange residence visas for babies who are born here, and you can continue to sponsor your children until they reach the age of 18, at which time boys (but not girls) will need to find their own employer to sponsor them; there are exceptions for students.

If you’re living as a resident on your spouse’s sponsorship but decide you’d like to work, your new employer will need you to provide a ‘no objection certificate’ from your husband or wife. Your new employer will then be responsible for arranging your labour card.

Health insurance

All employers must provide medical insurance to foreign residents and their families. Under the law, companies must cover the eligible employee, their spouses and up to three children under the age of 18.


Working hours

Though most companies generally work from 9am to 6pm, some businesses still prefer a split shift, which requires employees to work 8am to 1pm and then 4pm to 7pm. Government departments usually work from 7.30am to 2.30pm, and in the retail and hospitality sectors, employees follow a shift roster. No matter what job you have, you are only required to work a maximum of 48 hours per week; anything more and you’re entitled to overtime pay.

Most private companies define the weekend as Friday and Saturday. The government sets public holidays, and religious holidays are governed by the moon. By law, daily working hours during the holy month of Ramadan must be two hours shorter.

Employment contracts

Once you sign a formal contract, that contract is legally binding. Benefits and requirements – such as probation, housing, leave, trips home, insurance, required notice, and expenses involved in moving back home – often vary widely even within the same company, so you should read your contract carefully before signing. In the event of a dispute, this contract will be vital. If you’re asked to sign a copy in Arabic, have an independent representative compare it to the English version because, if you ever have to go to court, the Arabic version will take precedent.

According to UAE law, you should be entitled to an end-of-service gratuity; you may forfeit this money, however, if you quit your job before the contracted date or if you are fired. There is often a probationary period of three or six months written into employment contracts, during which time you may not be entitled to sick or annual leave. If you choose to leave your job, you will need to provide 30 days notice unless your contract indicates otherwise.

Leave

According to UAE law, you are entitled to 30 days of leave per year on completion of one year of service, and 10 days off as per the public holiday schedule. Muslims are also entitled to 30 days of unpaid leave in order to fulfill Hajj responsibilities. Friday is the official weekend day off; if you are required to work on Friday, you must be given an alternate day off.


Disputes

Though strikes and trade unions are illegal in Abu Dhabi, you should expect certain rights. Men and women should receive equal pay for equal work, employees are entitled to compensation for injuries sustained in the workplace (within certain guidelines) and, with the exception of certain limited conditions, you cannot be dismissed without 30 days’ notice. In the event of a labour dispute, complaints can be lodged within one year with the Ministry of Labour, which provides mediation and reconciliation committees. You may want to hire a lawyer, which can be expensive, but if the courts or the Supreme Arbitration Committee finds in your favour, your employer will have to bear that cost. Your embassy should be able to advise you.

Maternity leave

According to Article 30 of the UAE Labour Law, once married mothers working in the private sector have completed one year of continuous service they are entitled to 45 days on full pay to be used directly before or after the birth. Mothers who have been with their employer for less than a year can claim 45 days on half pay, and fathers in the public sector are entitled to three days of paternity leave. According to UAE law, unwed mothers will likely face prosecution and deportation if reported to the authorities, in which case unmarried mothers should not seek maternity leave.

Changing jobs

Changing jobs in Abu Dhabi is easier than it once was. Before taking a new job, you will need a ‘no objection certificate’ from your current employer plus approval from your new sponsor and the Ministry of Labour. You may need to meet other conditions, such as holding a valid residence visa or having been in your current position for at least a year. If you fail to meet these requirements, you may incur a work ban that will prohibit you from working anywhere in the UAE.

Company closure

Despite the relative health of Abu Dhabi’s economy, if the company you work for does close, you are still entitled to receive your gratuity and holiday pay. If you haven’t received all the pay and benefits owed you, you can file a dispute with the Ministry of Labour and request a transfer of sponsorship to a new employer. If you are unable to find another job, however, your visa will be cancelled and you will have to leave the country.


Redundancy

Article 120 of UAE federal law states the legal reasons for termination. If you have not been laid off for one of these reasons, your service will be deemed to have been arbitrarily terminated by the employer. You should therefore receive a payment equal to three months’ salary.

These reasons are:
• If you, the employee, assume a false identity or nationality and submit forged certificates or documents.

• If you are still on the agreed probationary period.

• If you commit a fault resulting in financial loss to the employer. However, the employer must send evidence that this has happened to the Ministry within 48 hours of the contract termination. They can not submit it after that time.

• The employee disobeys instructions on safety in the workplace, and causes a risk to other workers. These instructions must be in writing and posted clearly.

• The employee defaults on basic duties, as stated on the contract, and fails to redress such duties following an official warning. The agreed disciplinary process may differ from company to company – but there must be a warning from your employer. A verbal warning is hard to prove. It should be in writing.

• If you are convicted of a crime against honour, honesty or public morals in a court.

• The employee reveals any of their employer’s confidential information.

• If you are found in a state of drunkenness or under the influence of a narcotic drug during working hours.

• The employee assaults a manager or workmates during working hours.

• The employee absents himself from work without good reason for more than 20 non-consecutive days in a year, or more than seven consecutive days.

• If you haven’t committed any of the above and haven’t received correct payment, you should not sign your employer’s termination letter. Then, go and speak to your employer. Don’t go in guns blazing, as that never helps matters. Just have your rights, from articles 120-123 of UAE Federal law, at the ready.

• If you work in a free zone you have access to free legal advice. Ask to speak to a labour disputes person, who will clarify your rights for you. If you then wish to make a complaint against your employer, they will write it out for you on the authority’s letterhead paper and forward it to them via email or fax. Your company will then have seven days to answer the complaint. In most cases, if an employee complains that a company has broken federal law, they will back down and hand over pay. If they don’t, the free zone’s authoritative body will demand they do. The authoritative body will then take them to court and make a complaint against their trade licence.

• If you work in a commercial zone, you can go to the Ministry yourself. However, they don’t tend to write many letters. You can also go to the police and launch a complaint – a letter from the bailiffs will then be sent to the company.

• If you’re an expat who’s been arbitrarily dismissed and your company cannot prove that you will find another job, they are obligated to pay for your flight home. They also have to pay gratuity and for any holiday not taken. During your notice period they must also provide for your medical and, if it was included in your employment contract, your car.

• Many human resources departments either aren’t aware of these rights, or don’t pass them on as they are afraid for their own jobs. One more suggestion is to move all your finances offshore as soon as possible. If you originally opened a bank account with a letter from your company they will have to inform the bank that your contract has been terminated and your account and all your funds will then be frozen.