The Evolution of Employment Contracts in the UAE
With the implementation of Federal Decree-Law No. 33 of 2021 regarding the Regulation of Labor Relations, the UAE has transitioned primarily toward fixed-term (limited) contracts. Understanding the nuances between the old 'unlimited' regime and the current 'limited' framework is essential for both employers and employees to ensure compliance and protect their rights.
Key Differences: Notice and Termination
In a Limited Contract, the term is fixed, and early termination by either party may trigger specific compensation requirements unless the termination is for cause under Article 44 or 45. Conversely, Unlimited Contracts (which are being phased out) allowed for termination at any time for a 'valid reason' with a notice period ranging from 30 to 90 days.
End-of-Service Gratuity and Arbitrary Dismissal
The calculation of end-of-service benefits remains a cornerstone of UAE Labor Law. Under the new law, the concept of 'arbitrary dismissal' has been refined, focusing on whether the termination was due to a filed complaint against the employer. Employees are entitled to gratuity based on their basic salary, provided they have completed one year of continuous service, regardless of the contract type.