17 human, professional and health obligations on employers towards their employees

Allowing the movement of workers between “private” facilities during the probationary period

The work contract becomes valid after the worker has successfully passed the probationary period.

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Federal Decree Law No. 33 of 2021 regulating labor relations, which was recently issued by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State, made it possible for a newly contracted worker (on probation) at any facility in the private sector to move to work for an employer Another person in the state, during the probationary period, if he so desires during it, provided that he notifies the original employer of that in writing for a period of no less than one month from the date of his desire to terminate the contract, and the new employer is obligated to compensate the original employer with the costs of recruitment or contracting with the worker, unless Agree otherwise.

While the new decree sets out many humanitarian, professional and health obligations on the employer towards his workers and employees, most notably, the need to keep files and records of workers in accordance with the conditions, controls and procedures issued by a decision from the Ministry, for a period of no less than two years after the date of the worker’s termination of service, and not to seize documents The official requirements of the worker, and providing the necessary means of prevention to protect workers from the dangers of occupational injuries and diseases that may occur during work.

The decree specified for employers in private sector establishments, a maximum of six months for the appointment of workers who are subject to probationary periods, calculated from the first day of starting work, with the facility’s right to terminate the worker’s service during this period, after notifying the worker of this in writing at least 14 days prior to the date specified for termination of service.

According to a reading conducted by "Emirates Today", the decree prohibited the possibility of appointing any worker "on probation" more than once with one employer, provided that the work contract becomes valid in accordance with the agreed terms, after the worker has successfully passed this period, while calculating the probation period. within the worker’s service period, while the new decree grants the worker the freedom to move to work for another employer in the country during the probationary period, if he so desires, provided that the original employer is notified of this in writing no less than a month before the date of his desire to terminate the contract, with the commitment of the employer The new work shall compensate the original employer with the costs of recruitment or contracting with the worker, unless agreed otherwise.

It also stipulated that the foreign worker wishing to terminate his employment contract during the probationary period with the aim of leaving the country, must notify the employer of this in writing at least 14 days before the date specified for the termination of the contract, and in the event that he wishes to return to the country and obtain a new work permit within three months from the date of the contract. The date of departure, in this case the new employer is obligated to compensate the first employer with the costs of recruitment or contracting with the same worker, unless there is an agreement between the worker and the original employer to the contrary.

The new law defines 17 humanitarian, professional and health obligations on the employer towards his workers and employees, the first of which is the need to keep files and records of workers in accordance with the conditions, controls and procedures issued by a decision of the ministry, provided that the period of keeping the worker’s file shall not be less than two years after the date of the worker’s termination of service, and the second, Not to withhold official documents relating to the worker, or to force him to leave the country upon the termination of the work relationship, as well as to set forth declared and clear regulations to organize the work, such as the list of work instructions, penalties, promotions, rewards and other regulations, qualification and empowerment in accordance with the provisions of this Decree-Law and its Executive Regulations.

The list also included the necessity of providing adequate housing for the worker and licensed by the competent authorities in accordance with the rules, conditions and standards in force in the country, or replacing that with a cash allowance for housing, with the possibility of it being included in the wage, in addition to the importance of investing in the development of workers’ skills.

With regard to occupational prevention and health, the obligations of employers included providing the necessary means of prevention to protect workers from the dangers of occupational injuries and diseases that may occur during work, ensuring the provision of guidelines and preventive and health awareness, as well as providing appropriate training for workers to avoid the risks of work injuries or diseases. Professionalism, and conducting periodic evaluation to ensure that all parties to the work comply with the requirements of health and occupational safety and security, in accordance with the provisions of the decree.

The list of obligations also included taking what is necessary to ensure that the worker knows his rights and obligations at work, bearing the costs of medical care for the worker and the legislation in force in the state, and bearing the expenses of insurances, subscriptions and guarantees determined by the legislation in force.

The new law also obligated employers to not leave the worker to work for others except in accordance with the provisions approved by this Decree-Law, and to give the worker, upon his request upon the expiry of the work contract, an experience certificate free of charge, showing the date of his joining the work, the date of its expiry, and the total period of his service. And the job title or type of work he was performing, the last wage he was receiving, and the reason for the termination of the work contract, provided that the certificate should not include anything that might harm the worker’s reputation or reduce his job opportunities. The law also obligated the employers to bear the expenses of returning the worker to his recruitment agency or any other place that the two parties had agreed upon, unless he joined the service of another employer, or the reason for terminating the contract was due to the worker, so the latter would be bound by those expenses, in addition to providing A safe and suitable work environment for work, and finally, any other obligations stipulated under the provisions of this Decree-Law and its Executive Regulations, decisions of the Council of Ministers or any other legislation in force in the State.

Duties of the worker

Federal Decree Law No. 33 of 2021 regarding the regulation of labor relations confirmed that the worker in private sector establishments must perform the work himself according to the direction and supervision of the employer or his representative, in accordance with what is specified in the contract, and not outsource the work to any worker Or any other person, and the worker must also abide by good behavior and morals during work, be honest and professional, maintain the means of production and work tools in his custody, and preserve them by taking the necessary measures to preserve them in the places designated for them.

The decree-law also stressed the importance of the worker maintaining the confidentiality of information and data that he sees by virtue of his work, not disclosing work secrets, and returning the custody to the employer at the end of his service.

• Banning the possibility of appointing a probationary worker more than once with one employer.

• The necessity of providing adequate and licensed housing for the worker in accordance with the applicable rules and conditions.

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