“Human Resources” ends the contract form after amending the term condition
Cancellation of the maximum term of an employment contract does not mean a return to the “open contracts” system.
Employment contract template for recruitment or transfer of labor between private sector establishments within the country.
Emirates today
"Emirates Today" obtained a form of the employment contract for the recruitment or transfer of labor between private sector establishments within the country, which the Ministry of Human Resources and Emiratisation, updated its articles related to its "valid period", to be in line with the provisions and provisions of Federal Decree Law No. 14 of 2022 amending some Provisions of Federal Decree-Law No. 33 of 2021 regulating labor relations, which was recently issued by His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the State.
The updated work contract abolished the obligation to specify a ceiling or maximum for the duration of the work contract, to allow the possibility of concluding or renewing the contract for a specific renewable period, according to what was agreed upon by the two parties to the contractual relationship (the worker and the employer), but at the same time stipulated that the contractual relationship remain “specific.” Duration”, and is not open, similar to the indefinite contracts, which were canceled at the beginning of this year.
In detail, the Ministry of Human Resources and Emiratisation has completed updating the employment contract form for the recruitment or transfer of labor between private sector establishments within the country, after making the required amendments to it in line with the provisions and provisions of Federal Decree Law No. 14 of 2022 amending some provisions of Federal Decree Law No. 33 of 2022 2021 regarding the regulation of labor relations, which was recently issued by His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the State.
The contract form included an introduction to “the data of the facility”, as the first party or the employer, in the work contract, including “the name of the facility, its number, who represents it (passport number, nationality, capacity, emirate, phone number, e-mail).
The introduction also includes the worker's data as the second party or the worker in the employment contract, namely: name, nationality, date of birth, passport number, telephone number, and educational qualification.
The first clause in the work contract is related to “working days and hours”, as it states: “Based on the approval of the two parties to the job offer No. (...) on (...), the first party expressed its desire to contract with the second party to operate it. In the profession described below, including the following: 1- The second party is obligated to work for the first party as a profession (.....) in a company or facility (.....) in an emirate or city (.....) and with working hours amounting to (....) hours.
2 - The second party works for the first party under probation for a period of (......), 3 - The second party is granted annual leave for a period of (......) days with pay, 4 - The second party is granted a weekly rest for a period of (. ...) a day due for wages, for the following days.
Concerning the second clause, “Contract Details”, it states: “The term of this contract is (.............) starting from (…) and ending on (… ...) In the event that one of the parties wishes to terminate this contract during its validity, it shall submit a notice of termination to the other party accompanied by a notice period of 30 days before the date specified for termination, and this period shall be the same for both parties.
According to this clause, “It is permissible by the agreement of the two parties to extend or renew this contract for another similar period or a shorter period, one time or more. If the two parties continue to implement the contract after the expiry of its original period or the end of the agreed-upon work without an express agreement, then the original contract is considered implicitly extended with the same conditions set forth in it.
The third item included “wage details”, as it stated: “The two parties agreed that the second party would work for the first party in return for a monthly wage of (...) dirhams, and it includes: the basic wage (…) dirhams. And allowances: housing allowance (......) dirhams, transportation allowance (.....) dirhams, other allowances (......) dirhams.
The fourth clause in the work contract made it possible to set “additional conditions” between the two parties to the work relationship, with the stipulation that: “Any condition that violates the provisions of Decree-Law No. 33 of 2021 regarding the organization of labor relations, the executive regulations and relevant decisions in force in it shall be null and void.”
Regarding the fifth and final clause of the contract, “Admissions”, as it states: “The two parties acknowledged that they had seen and agreed to the terms of the work contract and as an integral part of the job offer, and this contract was issued in two copies, after it was signed by both parties, and the provisions of the provisions of the contract apply. Federal Decree-Law No. 33 of 2021 regulating labor relations, its executive regulations and the decisions implementing it in this regard, unless there is a provision in this contract.
According to a reading conducted by «Emirates Today» regarding the reasons and objectives of the new amendments to labor contracts in the private sector, the amendments introduced by Federal Decree Law No. 14 of 2022 amending some provisions of Federal Decree Law No. 33 of 2021 regarding the regulation of labor relations, greatly contribute to strengthening The competitiveness of Emirati national cadres in the private sector, and raises the productivity and flexibility of the labor market and its attractiveness to business owners and the elite of human skills and competencies. What is agreed upon by the two parties to the contractual relationship (the worker and the employer), instead of restricting them by obligating that the duration of the contract ranges between two to three years (maximum), to renew the contract thereafter, but this amendment does not mean at all opening the term of the employment contract, or not Determining a period of time for the validity of the contract between the two parties to the work.
The amendments clarified that the work contracts will remain “limited”, but what has increased them is the possibility of prolonging the term or period of validity of the contract for more than three years, according to the desire of the contractors, who may see the interest of the work in extending the contract period to five or 10 years, for example. That the contract is then renewed for another term (to be agreed upon) or the work relationship ends with the expiry of the contract term.
• The fourth clause in the work contract made it possible to set “additional conditions” between the two parties to the work relationship.
• The amendments contribute to enhancing the competitiveness of national cadres in the private sector and raising the productivity and flexibility of the labor market.
Stability and attractiveness of the labor market
The amendments related to the prolongation of the employment contract, contained in Federal Decree-Law No. 14 of 2022, aimed to enhance the stability and attractiveness of the labor market in the private sector, especially among national cadres. Unlimited Duration”, which was canceled last February, and they are currently being transferred to the fixed-term contract system (within a time limit ending in February 2023), where they can agree to transition to fixed-term and long-term work contracts, in order to ensure the protection of the rights of both parties in a way It is balanced and promotes the growth and stability of the labor market and enhances the economic competitiveness of the country.
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