UAE jobs: Can employees convert regular existing contract to remote work model?

Question: I work in a Dubai-based company. My work can be done remotely and I understand there is a work contract model specifically for this. How can I go about converting my existing contract to this?

Answer: Pursuant to your query, it is assumed that you are currently employed by a mainland company in Dubai under a regular employment contract and have been working physically from the office. Therefore, the provisions of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 regarding the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022') and Administrative Resolution No. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letters and Employment Contract Forms are applicable.

In the UAE, an employer and an employee may agree on working under a remote work model in accordance with Article 5(1) (a) of the Cabinet Resolution No. 1 of 2022, which states "Subject to the provisions of Article 7 of the Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, the contract between an employee and an employer shall be according to any of the work types set out therein, in addition to the following types:

a. Remote work: All or part of the work is performed outside the workplace, with electronic communication between the employer and the employer in lieu of physical presence, whether the work can be part-time or full-time."

In addition, an employer and an employee may also agree on migrating from one model of work to another model of work. This is in accordance with Article 10(3) of Cabinet Resolution No. 1 of 2022, which states, “An employment contract may be changed from one work type to another subject to the following:

a. Approval by both the employee and the employer.

b. Payment of all the entitlements arising from the original contract.

c. Compliance with the procedures as set out by the Ministry.”

Based on the aforementioned law you may agree with your employer to allow you to work remotely without your presence in the office. However, aforementioned Article 10(3) of Cabinet Resolution No. 1 of 2022 states that while an employee migrates to another working model, an employer may have to pay all the service benefits and dues as per the original employment contract. It is assumed that in your case, there may not be any changes in your remuneration if you and your employer agree to migrate you to a remote work model. In this event, there may not be a requirement to cancel the existing contract, but your employer should modify your employment contract with the Ministry of Human Resources & Emiratisation as mentioned in the guidelines section of Administrative Resolution No. 38 of 2022. You or your employer may contact the Ministry of Human Resources and Emiratisation to clarify whether the existing employment contract needs to be cancelled while your employment is migrated to the remote model of work or whether it is possible to modify the existing employment contract as there may be no changes in remuneration and other terms and conditions in your employment contract.

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.

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