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UAE jobs: Is it legal to assign employees tasks that differ from their contract?
A KT reader wants to know what to do if an employer asks for work tasks that are different from those agreed upon in the job contract
- PUBLISHED: Sun 18 May 2025, 8:10 AM
Question: I was hired as an accountant in Dubai and granted a visa for that position, but later, the company assigned me to a different role, such as HR or administrative work. Is this legal in the UAE and how can I convince my employer that it is illegal?
Answer: In the UAE, an employer may not assign another work to an employee which is substantially different from the work agreed in an employment contract. However, an employer may call upon an employee to do another work only in cases of emergency or to rectify the work assigned to an employee. This is in accordance with Article 12 (1) & (2) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states,
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“1. An employee may not be assigned to another work which is substantially different from the work agreed upon in the employment contract, unless such an assignment is necessary or aims to avoid an accident or rectify the consequences thereof, provided that the assignment is temporary as specified by the Executive Regulations of this Decree-Law.
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2. An employer may, in cases other than those stated in paragraph (1) above, entrust the employee with a work that is not agreed upon in the employment contract, with the written consent of the employee.”
Furthermore, an employee may be temporarily assigned to work that is fundamentally different from their original job — only in exceptional cases such as necessity, accident prevention, or damage repair caused by the employee — under Article 12 of the Employment Law.
This assignment cannot exceed 90 days per year. The term “fundamental difference” refers to work that is entirely unrelated to the employee’s profession or academic qualifications. This is under Article 13 of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, states that,
“1. Subject to the provisions of Article (12) of the Decree-Law, an employee may be assigned to alternative work that is fundamentally different in nature from the contractually agreed work, as an exception that is considered necessary, or to prevent an accident, or to repair damage caused by the worker. The maximum limit for assigning the employee to such work shall be (90) ninety days per year.
2. In application of Clause (1) of this Article, “fundamental difference” shall mean that the work to which the employee is assigned is completely different from the nature of his profession or his academic qualification.”
If an employer assigns an employee with work that is fundamentally different from what has been mentioned in an employment contract, and an employee does not agree to it in writing, then an employee shall have the right to resign immediately without serving a notice to an employee. This is in accordance with Article 45(4) of the Employment Law, which states, “An employee may quit the work without notice and reserve all his entitlements at the end of service if the employer entrusts the employee with a work that is substantially different from the work agreed upon in the employment contract, without the written consent of the employee, except in cases stated in Article 12 hereof."
Furthermore, an employer may not force an employee to work against his or her will. This is in accordance with Article 14(1) of the Employment Law.
Based on the aforementioned provisions of law, you may review your employment contract and visa designation to ensure that the tasks currently assigned are in line with your designation mentioned in the employment contract. If there is a mismatch, you may communicate this to your employer. If an employer continues to assign work that does not align with an employee’s qualifications or professional designation, an employee may file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Unless an employee has agreed in writing, an employer may not assign a role significantly different from the one originally agreed upon, and the employee may legally refuse to perform such tasks and seek support through MoHRE if necessary.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
