THE TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI

RESEARCH PROJECT ON

LABOUR RIGHTS PROTECTION FOR THE EXPATRIATES IN THE UAE

In Fulfillment of the Requirements for Internal Component in

LABOUR LAW 1
By
SHAAZIM SHAGAR
(BA0140056)

SUBMITTED TO
Ms. PREETHAM BALAKRISHNAN,
ASST. PROF. IN LAW

ACKNOWLEDGMENT

I take immense pleasure in thanking prof: PREETHAM BALAKRISHNAN, our professor for
having permitted me to carry out this project work. I express my gratitude to her for giving me
an opportunity to explore the world of information concerning my project topic.
Words are inadequate in thanking my seniors and batch mates for their support and cooperation
in carrying out the project work.
Finally, I would like to thank my family members for their blessings and wishes for the
successful completion of the project.

SHAAZIM SHAGAR,
BA0140056.

CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.

HISTORICAL BACKGROUND
SCOPE
SIGNIFICANCE
INTRODUCTION
CHAPTER 1
CHAPTER 2
CONCLUSION
REVIEW OF LITERATURE
BIBLIOGRAPHY

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LABOUR RIGHTS PROTECTION FOR THE EXPATRIATES IN THE UAE

SHAAZIM SHAGAR,
BA0140056.
BACKGROUND:
For the UAE, respect for labour rights is a moral, cultural and economic imperative. As a
member of the International Labour Organization (ILO), the Arab Labour Organization and other
labour-focused multilateral organizations, the UAE seeks to work transparently and objectively
with regard to its international labour obligations. More than seven million foreign workers in
the UAE are employed by 260,000 organizations, representing nearly 200 countries. Over 90
percent of the private sector labour force consists of expatriate workers, creating unique
challenges for the UAE. The government is constantly working to strengthen its capacity to
protect the rights of different communities that contribute to the countrys growth and
development, while simultaneously boosting the rule of law and allowing freedoms via lawful
processes and institutions.
SCOPE:
The UAE relies on an ever increasing number of temporary foreign workers from labourexporting nations. Ministry of Labour records show that the expatriate workforce is made up of
nationals from 202 countries. The UAE is continuing to evolve its legal standards and
enforcement policies to accommodate this fast-growing population. The UAE is designing laws
and policies to ensure that its workers feel welcome and safe and to familiarize them with their
rights and how those rights can be protected. For the UAE, respect for labour rights is thus a
matter of both fundamental morality and economic self-interest. It is also a matter of
accountability, a responsibility that the UAE welcomes and accepts. So, this research project
deals with the narrow aspect of protection of labour rights, especially, that of the migrant
workers in the UAE.
SIGNIFICANCE:
There have been two major developments of extraordinary significance in the United
Arab Emirates (UAE). First, the world is well aware that the UAE is experiencing a drastic rate
of growth. The key physical infrastructure development is nearly complete in most of the UAE.
4

That infrastructure will assist in sustaining further growth and economic development. Second,
the UAE has made great progress legislating and enforcing the rights of its labour force. So, this
research project helps us understand the rights that affect every aspect of workers lives and how
the UAEs labour laws has achieved international standards.

INTRODUCTION:
To begin to understand the progress that has been made in the labour rights arena in the UAE,
one must first understand the key components of the UAEs legal system, including its
Constitution and subsequent legislation for protecting the labour rights.
1. The Constitution: The UAE Constitution, the foremost source of authority in the UAE
legal system, is the governing document that guides all Federal Government actions in
the UAE including its 7 Emirates.
2. Federal Law: The UAE, in its legislative history, has aggressively and progressively
applied such fundamental constitutional precepts, which will be briefly discussed in this
project.
3. International Conventions: The UAE has ratified nine ILO conventions related to
protecting the fundamental rights of foreign workers, and is also an active member of the
Arab Labour Organization.

CHAPTER 1:
FEDERAL ACTIONS:
The former UAE Ministry of Labour (now Ministry of Human Resources and
Emiratization) issued a report, The Protection of the Rights of Workers in the United Arab
Emirates1 which is an assessment and blueprint for ongoing action. This report acknowledges

1The UAE Ministry of Labour, The Protection of the Rights of Workers in the United
Arab Emirates Annual Report
2007<http://www.mfnca.gov.ae/en/Publications/TueJan2775844UTC2009attachment
s.pdf> accessed 10 September 2016
5

the UAEs commitment to expand capacity to enforce labour laws and fully protect the rights of
workers in the country.
INTERNATIONAL LEADERSHIP:
The UAE is proactively collabourating with the international community to better
safeguard labour rights and protect foreign workers from exploitation. The UAE has ratified nine
ILO conventions related to protecting the fundamental rights of foreign workers, and is also an
active member of the Arab Labour Organization. In 2012, the UAE was elected to serve on a 3year term to the United Nations Human Rights Council and has since been elected to a second
term.
MAJOR LABOUR SUPPLYING NATIONS:
The UAE has negotiated bilateral labour agreements with the governments of nations
supplying large numbers of labourers to the UAE economy including agreements with India,
Pakistan, Sri Lanka, Bangladesh, China and the Philippines. Labour-source nations received
approximately $20 billion in annual remittances from the UAE in 2012.
LEGISLATION FOR LABOUR LAW IN UAE:
Labour matters in the UAE are governed by Federal Law No. 8 of 1980 Regulating
Labour Relations as amended by Federal Laws No. 24 of 1981, No.15 of 1985 and No.12 of
1986 (the Law).2 There are special labour related regulations applicable in some of the free
zones in the UAE, such as the Jebel Ali Free Zone.
The Law covers all aspects of the employer-employee relationship (Chapter 12),
including matters related to employment contracts, restrictions on the employment of juveniles
and women, maintenance of records and files, wages, working hours, leave, safety and protection
of employees, medical and social care, codes of discipline, termination of employment contracts,
end of service benefits, compensation for occupational diseases, labour inspections, penalties and
employment related accidents, injuries and death.

2 www.uaelaborlaw.com
6

According to Article 33 of the Law, the Law applies to all staff and employees working in
the UAE, whether UAE nationals or expatriates. However, there are certain categories of
individuals who are exempted from the Law as listed below:
1. Staff and workers employed by the federal government, government departments of the
member emirates.
2. The municipalities, public bodies, federal and local public institutions and those staff and
workers employed in federal and local governmental projects.
3. Members of the armed forces, police and security units.
4. Domestic servants.
5. Agricultural workers and persons engaged in grazing (this exemption does not include
persons who are employed in corporations which process agricultural products and/or
those who are permanently engaged in the operation or repair of machines required for

agriculture).
A partner in a business is not considered an employee and is therefore not required to

obtain a labour card from the UAE.

The UAE does not allow the formation of trade unions.

BY WHOM IS THE LAW ENFORCED?

The Law is federal and is therefore applicable to all the emirates of the federation. It is
enforced by the Ministry. Labour related litigation is adjudicated by the federal and local courts
of the UAE.
WHAT ARE THE PRIMARY PRE-REQUISITES FOR EMPLOYMENT FOR
EXPATRIATES?
In order to employ any expatriate employee in the UAE, an application must be made to
the Ministry. The application has to be approved by the Ministry prior to the employee entering
the UAE. It should be noted that new businesses are required to register or open a file with the
Ministry before they can employ staff (as will be discussed in section 19). In addition to
obtaining the Ministrys approval to employ non-UAE nationals, certain immigration procedures
need to be followed as explained below.

3 ibid
7

There is also a requirement for certain employers to submit to the Ministry a bank
guarantee as security for end of services benefits and repatriation costs related to their
employees. This procedure is also applicable to employers in most of the free zones in the UAE.
Where the intended employee is a UAE national, an employment contract may be entered
into at any time. Employment contracts for non-nationals must be drawn in the format approved
by the Ministry on an application made by the employer.
Employment contracts for national employees need not, however, be in writing and the
terms and conditions of employment may be proved by any means of proof admissible by law. A
labour permit for an expatriate employee will not be issued by the Ministry unless a formal
written labour contract is filed with the Ministry.
THE INFORMATION REQUIRED BY LAW TO BE SPECIFIED IN AN EMPLOYMENT
CONTRACT IS THE FOLLOWING:
1.
2.
3.
4.
5.
6.
7.

Wages/remuneration payable.
Date of the employment contract.
Date of commencement of the employment contract.
Nature of the contract (limited or unlimited).
Nature of the work.
Duration of the contract (for fixed term contracts).
The location of employment.

The labour office at the Ministry maintains standard employment contracts in Arabic and
English, where the employer and the employee need only fill in the blanks.
WHAT ARE THE RULES REGARDING EMPLOYMENT FOR A PROBATIONARY
PERIOD?
It is common practice in the UAE to employ persons on an initial probationary period.
During the probation period, both the employer and the employee may terminate the employment
contract with immediate effect without providing a valid reason or notice. In such cases, the
employer will not be liable to pay end of service benefits or compensation to the employee.

According to Article 374 of the Law, the probation period can be for a maximum period
of six months.

WORKING HOURS:
The maximum prescribed working hours for an adult employee is eight hours per day or
forty-eight hours per week. However, the working hours may be increased to nine hours per day
in the case of persons employed in trades, hotels, cafeterias, and as guards.
Employees may not work for more than five consecutive hours per day without breaks for
rest, meals and prayer. However, the resting and the meal breaks are not included in calculating
working hours.
OVERTIME:
If the nature of the job requires an employee to work overtime, the employee is entitled to
overtime pay which is equivalent to the wage paid during ordinary working hours plus an
additional amount of not less than 25% of the wage for the overtime period. 5 However, if the
employees overtime falls between the hours of 9.00pm and 4.00am, he will be entitled to
overtime pay which is equivalent to the salary payable during normal working hours plus an
increase of not less than 50% of his wage for the overtime period worked.
LEAVE:
For every year of service, an employee is entitled to annual leave of not less than the following:
1. Two days leave for every month if his service is more than six months and less than one year.
2. A minimum of thirty days annually, if his service exceeds one year. At the end of his service
the employee is entitled to annual leave for the fraction of the last year he spent in service.

4 ibid
5 Tip Report Sheds Some Light On Why Majority Of Indian Complaints Come From
The Gcc Published In www.migrantrights.org
9

Annual leave is usually calculated on the basis of a calendar month rather than by
working days. If an employee however fails to report back to work after the expiry of his leave
period, his remuneration will automatically be forfeited for the days he is absent.6
CAN THE EMPLOYER DISMISS AN EMPLOYEE FROM SERVICE DURING HIS
SICK OR ANNUAL LEAVE?
The employer may not dismiss an employee from service during his sick leave or annual
leave. During this period any notice for termination will be considered null and void. However,
the employer is entitled to terminate the employment contract if the employee has exhausted his
full sick leave and is not fit to return to work.
WHAT MATERNITY LEAVE IS A FEMALE EMPLOYEE ENTITLED TO?
A working woman is entitled to 45 days maternity leave with full pay which includes the
period before and after the delivery, provided she has served continuously for not less than one
year. The maternity leave is granted with half pay if the woman has not completed one year of
service.

At the end of the maternity leave, a working woman has the right to extend her maternity

leave for a maximum period of l0 days without pay.

Paternity leave is not provided for under the Law.7

AN EMPLOYER MAY DISMISS AN EMPLOYEE (EXPATRIATE) WITHOUT NOTICE

IN ANY OF THE FOLLOWING CASES (AS PER ARTICLE 120 OF THE LAW):

If the Expatriate employee assumes a personality or a nationality other than his own, or
has submitted fake documents or certificates.8

6 Changes To Uae Labour Law Published In www.migrantrights.org

7 Ilo Investigation Into Saadiyat Island Labour Abuses In United Arab Emirates
Published In The www.business-humanrights.org
8 United Arab Emirates Law To Protect Migrant Workers Fails To Cover Domestics
Published By The www.Independent.co.uk
10

WHAT ARE THE CIVIL/CRIMINAL RESPONSIBILITIES OF AN EMPLOYER IF HIS

EMPLOYEE IS ON SOMEBODY ELSES VISA?
A fine of AED 10,000 will be imposed and the employer will be banned from employing
additional employees or doing anything else in relation to immigration. 9 The bar would be lifted
once the Employer is no longer in violation of the Law.
The following acts by the employee would render the employee banned from working in the
UAE for a year.
1. If the employee leaves his employment without a justified cause before the end of a
2.
3.
4.
5.

specified there in the employment contract; or

In the case of an unlimited contract without giving one months notice of termination; or
The employee leaves his employment before the lapse of one months notice; or
The employee violates Article 120 of the Law; or
The employee works with another employer full/part time at the same time as working

for his original employer.

These sanctions would only be applied if a complaint was filed by the employer
requesting such.

WHO BEARS THE REPATRIATION EXPENSES OF EMPLOYEES?

At the end of the contract the employer is responsible for the repatriation expenses of the
employee to the place of recruitment or to any other place which the two parties have agreed
upon.. If the employee obtains employment with another employer in the UAE, then, the new
employer is responsible for repatriation expenses at the end of his service. However, if the
employee is responsible for terminating the contract, he is responsible for his repatriation costs,
if he has sufficient means.

9 Uae One Of The Terrible Ten Worst Countries For Workers Rights Published By The
www.strongerunion.com
11

CHAPTER 2:
KNOW YOUR RIGHTS:
The Ministry of Human Resources and Emiratization has also launched a Know Your
Rights campaign, where foreign workers arriving at Dubai International Airport (and soon Abu
Dhabi International Airport) in the UAE receive pamphlets informing them of their rights and
obligations under their new work contracts. These pamphlets are available in English, Arabic,
Hindi, Urdu and Malayalam.
INTERNATIONAL FORUMS FOR IMPROVING WORKING CONDITIONS:
The UAE hosts several international forums as part of its ongoing commitment to
improve working conditions, such as Abu Dhabi Dialogue10, an ongoing platform in conjunction
with the International Organization for Migration11 (IOM) and the Global Forum on Migration
and Development12 (GFMD). The Dialogue brings together ministerial-level leadership from
both labour-source and labour-receiving nations and aims to create a regional framework for
regulating labour rights and migration.
GOALS OF THE DIALOGUE INCLUDE:

Developing and sharing knowledge on labour market trends, skills profiles, workers and
remittance policies and flows.

Building capacity for more effective labour supply and demand.

10 The International Organization For Migration, Abu Dhabi Dialogue
<https://www.iom.int/abu-dhabi-dialogue> accessed 10 September 2016
11 The International Organization For Migration <https://www.iom.int> accessed 10
September 2016
12 The Global Forum On Migration And Development <https://
http://www.gfmd.org> accessed 10 September 2016
12

Preventing illegal recruitment and promoting welfare and protection measures for
contractual workers.

Strengthening regional frameworks.

A GIST OF ACTIONS TAKEN TOWARDS LABOUR RIGHTS PROTECTION IN 2012

REPORT:
In its 2012 report, the UPR recognized the UAEs sweeping reforms aimed at improving
working conditions and worker rights, thus reflecting the UAEs commitment to treat all guest
workers with dignity and respect.

Protecting temporary workers right to receive a fair and decent wage for their work.

Proactive efforts to ensure temporary workers know their rights as well as expedient
judicial mechanisms to ensure labour-employer disputes are resolved in a fair and expedient
manner.

Universal temporary worker health insurance.

Protecting workers right to housing and their right to carry out a decent life.

Introducing a handbook on general norms for collective housing for workers.

In 2012, in order to ensure that the country is in line with international standards, the
UAE reformed its laws13 related to domestic workers based upon ILO Convention 189 and
Recommendation 201. This reform ensures high standards for working conditions and creates
contractual standards, while guaranteeing greater protections for both the employer and
employee.

13 Samir Salama, Domestic Workers Get More Protection From Exploitation (2 May
2012) <http:// http://gulfnews.com/business/sectors/employment/domestic-workersget-more-protection-from-exploitation-1.1016692> accessed 10 September 2016
13

Additional improvements were made in January 2013, when Minister of State for Foreign
Affairs Dr. Anwar Gargash announced that the UAE had adopted 100 recommendations,
presented in the 2008 and 2012 Universal Periodic Reviews (UPR) at the United Nations. The
Universal Periodic Reviews (UPR) assesses every countrys performance on comprehensively
protecting, promoting and fulfilling the principles of the Universal Declaration of Human Rights.

REFORMS TO COMBAT ABUSIVE LABOUR PRACTICES:

Workers in all labour sectors have rights to transfer employer sponsorship.

The UAE has created bank guarantees that set aside funds for worker compensation.

A Wage Protection System (WPS) ensures proper and timely compensation to temporary
workers.

It is illegal for employers to withhold workers passports.

New licenses are being denied for foreign labour brokers and recruiters.

Mandatory employment contracts protect the rights of domestic workers in relation to

salary, accommodation, healthcare and working hours.

An investment of over $5 billion has been allocated to ensure that temporary worker
accommodations are in line with and exceed international standards.
A GIST OF REFORMS THAT TOOK EFFECT BEFORE 2016:

Reforming national laws to conform with the United Nations Protocol to Prevent,
Suppress and Punish Trafficking in Persons (recognized on 21 January 2009).

Consenting to the United Nations Convention on the Rights of Persons with Disabilities
(recognized on 19 March 2012).

14

Working to bring the countrys laws into line with provisions of the UN Convention on
the Rights of the Child.

ENFORCEMENT:
Enforcement is critical in all areas of protecting the rights of workers. Ensuring the fair
and on-time payment of workers is a particular priority of labour policy enforcement:

The UAE Ministry of Human Resources and Emiratization requires prospective workers
to sign a standard employment offer in their home country that is in turn filed with the Ministry
before the issuance of a work permit.

In 2015, the then Ministry of Labour (now Ministry of Human Resources and
Emiratization) announced that contracts could be broken by both workers and employers under
certain circumstances, thereby extending workers additional flexibility and benefits with their
employment options.

The UAE Ministry of Human Resources and Emiratization requires firms to provide
audited statements demonstrating that wages have been paid.

The UAE Ministry of Human Resources and Emiratization has a large body of labour
inspectors that conduct random inspections every day.

In 2014, the then Ministry of Labour (now Ministry of Human Resources and
Emiratization) conducted more than 288,670 inspections within the private sector as part of the
Ministrys commitment towards providing safer workplaces, meeting occupational health and
safety standards and ensuring that housing for labourers is satisfactory.

In 2014, inspectors detected serious offenses in 479 facilities, which were referred for
public prosecution.

In 2014, the then Ministry of Labour (now Ministry of Human Resources and
Emiratization) referred 188 wage disputes for legal remedy.

15

A 24-hour toll-free hotline allows workers to file complaints, check the status of
applications and ask questions.
A GIST OF REFORMS THAT TOOK EFFECT IN JANUARY 2016:

Improving the transparency of job terms and employment contracts.

Clearly defining contract terms and how contracts may be broken, making it easier for
workers to switch employers.

Guaranteeing that relations between workers and employers be governed solely by

government-monitored work contracts and the labour law.

CONCLUSION:
These information regarding the expatriates labour rights in UAE has been taken from authentic
articles published in the official website of the UAE legislature. From the above discussions, the
researcher would like to conclude that the UAE is an ocean of job opportunities for the
expatriates since their native population is not sufficient. The laws and regulations passed
regarding the expatriates in UAE is providing a safe environment to them. How far these laws
are effective is still a question mark, because, several cases has been reported in a regular basis
on the abuse of expats. May be, because of their strict labour laws, the expatriates are not
comfortable with adapting to it and they criticize the terrific sanctions.

REVIEW OF LITERATURE:
ARTICLES:
1. LABOUR RIGHTS IN THE UAE BY THE EMBASSY OF THE UAE,
WASHINGTON DC:

16

Authentic information since the article is published in the official

website of the embassy of the UAE, Washington dc. it gives a brief
outline about the labour rights in the UAE.
2. THE PROTECTION OF THE RIGHTS OF WORKERS IN THE UNITED ARAB
EMIRATES ANNUAL REPORT 2007 BY THE EMBASSY OF THE UAE,
WASHINGTON DC:
Authentic information since the article is published in the official
website of the embassy of the UAE, Washington dc. this report
contains the reforms and future plans regarding the UAE labour rights.
3.

DOMESTIC WORKERS GET MORE PROTECTION FROM EXPLOITATION

BY SAMIR SALAMA PUBLISHED ON 2 MAY 2012 IN THE WEBSITE OF THE
GULFNEWS:
This article is on the necessity to pass the bill seeking to regulate the
rights of domestic workers in the UAE.

4. MIGRANT WORKERS IN THE UNITED ARAB EMIRATES (UAE) BY

EMIRATES CENTRE FOR HUMAN RIGHTS WEBSITE:
This article gives the snapshot of the migrant workers in the UAE and
how much is their importance in the development of the nation.
5. UAE: A MOVE TO PROTECT MIGRANT WORKERS PUBLISHED IN THE
HUMAN RIGHTS WATCH WEBSITE:
This article is regarding the steps taken by the UAE govt. to stop
forced labour by imposing strict inspections on fraud contracts.
6. CHANGES TO UAE LABOUR LAW PUBLISHED IN MIGRANT RIGHTS
ORGANISATION WEBSITE:
This article is regarding the UAEs ministry of labour when it
issued three decrees regulating labour conditions.
7. TIP REPORT SHEDS SOME LIGHT ON WHY MAJORITY OF INDIAN
COMPLAINTS COME FROM THE GCC PUBLISHED IN MIGRANT RIGHTS
ORGANISATION WEBSITE:
This article is regarding the Indian construction workers in the UAE and their rights.
17

8. UNITED ARAB EMIRATES LAW TO PROTECT MIGRANT WORKERS FAILS

TO COVER DOMESTICS PUBLISHED BY THE INDEPENDENT.CO.UK
WEBSITE:
This article is on why domestic workers where excluded from the category of migrant
workers when legislating on the rights of migrant labourers.
9. UAE ONE OF THE TERRIBLE TEN WORST COUNTRIES FOR WORKERS
RIGHTS PUBLISHED BY THE STRONGER UNION WEBSITE:
This article shows how unorganized was the labour law in the UAE before the reform in
the recent times.
10. ILO INVESTIGATION INTO SAADIYAT ISLAND LABOUR ABUSES IN
UNITED
ARAB
EMIRATES PUBLISHED
IN
THE
BUSINESSHUMANRIGHTS.ORG WEBSITE:
This article is about the labour abuses in the construction of saadiyat island in UAE which has
been under construction over a decade for tourist attraction.

BIBLIOGRAPHY:
1. www.uaelabourlaw.com
2. www.migrantrights.org
3. www.jstor.com
4. www.heinonline.org
5. www.gulfnews.ae
6. www.humanrightswatch.org
7. www.uaeembassy.co.us
8. www.uaeechr.org
9. www.strongerunion.com
10.www.business-humanrights.com
11.www.independent.co.uk

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