FEDERAL DECREE-LAW NO.(9) OF 2024 REVISING SOME PROVISIONS OF FEDERAL DECREE-LAW NO. (33) OF 2021 CONCERNING LABOUR RELATIONS
We, Mohamed Bin Zayed Al Nahyan,
President of the United Arab Emirates
– Having perused the Constitution
– Federal Law No.(1) of 1972, concerning jurisdictions of the Ministries and powers of the Ministers and amendments thereof
– Federal Decree-Law No. (33) of 2021 regulating labour relations, as amended
– In accordance with the proposal of the Minister of Human Resources and Emiratisation and the approval of the Council of Ministers
We promulgated the following Decree-Law:
Article (1)
Accordingly, the following provisions shall replace Article (54) and Article (60) of Federal Decree-Law No. 33 of 2021 concerning Labour Relations.
Article (54)
Individual Labour Disputes
1. In the event of a dispute between the Employer and the Employee or their beneficiaries under the provisions of this Decree-Law, the dispute shall be submitted to the Ministry for resolution. This application will be examined by the Ministry and the necessary steps will be taken in order to resolve the dispute amicably.
2. the Ministry shall have jurisdiction to resolve the dispute by a decision in all cases involving disputes whose value does not exceed Dhs.50,000 (Fifty thousand dirhams) or whose dispute is concerning either party failing to adhere to an amicable settlement decision previously issued by the Ministry, regardless of the claim’s value.
3. In accordance with paragraph No. 2 herein, the decision of the Ministry rendered to adjudicate the dispute shall be regarded as an executive bond, and stamped with the executive formula in accordance with the usual procedure. Both parties to the dispute are entitled to file a lawsuit within (15) fifteen working days following notification or announcement of the decision before the competent court of first instance. The court shall schedule a hearing within three working days of the date the case is filed, notify the parties to the dispute of the hearing date, and decide the case within thirty (30) working days of the filing date. In accordance with this paragraph, the ruling of the competent court of first instance in the subject of the dispute shall be the final ruling. Upon filing the lawsuit, the Ministry’s decision referred to in this provision will be suspended.
4. The Ministry shall refer the dispute to the appropriate court if no amicable settlement could be reached within the time frame prescribed in the Implementing Regulation of this Decree-Law. The dispute shall be accompanied by a memorandum summarizing the dispute, the parties’ arguments, and the Ministry’s recommendations.
5. If the dispute continues, the Ministry may order the employer to pay the employee’s wage for a maximum period of (2) two months, provided that the dispute has resulted in the withholding of such payment in accordance with the provisions of this Decree-Law’s Implementing Regulation.
6. According to the Minister, other administrative measures or arrangements may be taken against the Establishment in order to prevent turning the current Individual Labour Dispute into a Collective Labour Dispute that might prejudice public interests.
7. Accordingly, the Court shall schedule a hearing within three (3) days to examine the lawsuit, notify the parties of the date of the hearing, and dispose of the matter in a summary manner.
8. No lawsuit pertaining to one of the disputes mentioned in this article shall be accepted without following the procedures and deadlines stipulated in this article.
9. Litigation concerning any of the rights accrued under this Decree-Law may not be considered after two years from the date of termination of employment.
Article (60):
1. Individuals who commit the following violations shall be fined a minimum of 100,000 dirhams (one hundred thousand dirhams) and a maximum of 1,000,000 dirhams (one million dirhams):
a) Employment of an worker without obtaining a work permit
b) Hiring a worker and leaving him/her unemployed
c) Utilized work permits for purposes other than those intended
d) Closure or discontinuation of an establishment without following the appropriate procedures for settling workers’ dues is a violation of this law, the Implementing Regulation, and the Resolutions issued to implement it.
e) Employs a juvenile in violation of this law
f) A guardian or caretaker who accepts to employ a juvenile in violation of this Decree-Law.
2. Employers who commit violations of laws, regulations, or decisions governing the labour market and appoint an employee or employees in fictitious circumstances will be fined not less than 100,000 (one hundred thousand dirhams) and not more than 1,000,000 (one million dirhams)if such action results in the worker obtaining any benefit or advantage from any ministry, council, fund, authority, or any other government entity under which jurisdiction has been granted by law or decisions issued by the Council of Ministers for regulating the labour market, increasing the competitiveness of those employed in it or assisting him in evading the fulfillment of statutory obligations. The employer may not recover the value of the financial incentives he paid to any of these entities from the employee, and the penalty stipulated in this clause is multiplied by the number of fictitious employees appointed.
3. In accordance with paragraph (2) of this Article, criminal proceedings may only be initiated at the Minister’s or his authorized representative’s request.
4. If the employer requests a settlement regarding the crime described in paragraph (2) herein, the Ministry may make a settlement prior to a judgment being rendered. The employer shall be required to pay at least 50% of the minimum fine specified for this offense as part of this agreement. Additionally, the employer must refund all financial incentives received by his employees who have been appointed fictitiously. The criminal case will be terminated upon the payment of the reconciliation amount.
Article (2)
1. accordance with paragraph (3) of Article (54) of Federal Decree-Law No. 33 of 2021 regarding labour relations, all disputes, grievances, and requests must be directed by the courts of appeal to the competent court of first instance in its current state without fees.
2. Disputes that have been adjudicated or are reserved for judgment are not subject to the provisions of paragraph No.( 1) of this Article.
Article (3)
Provisions that contradict or are in conflict with the provisions of this Decree Law shall be repealed.
Article (4)
This Decree Law shall be published in the Official Gazette and shall take effect (30) thirty days after the date of its publication.
Mohamed Bin Zayed Al Nahyan
President of the United Arab Emirates
Promulgated by us at the Presidential Palace – Abu Dhabi
On the 23rd of Muhrram 1446 A.H
Corresponding to the 29th of July 2024 A.D
