Remote work in UAE: What are the rights of employers, employees?

Question: I operate a company in mainland Dubai and am considering introducing remote work for my employees. Under UAE labour law, how are working hours, leave entitlements, and other statutory obligations calculated in such an arrangement?

Answer: An employee may work remotely, fully or partially, provided it is agreed between the employer and employee under Article 5 (1) (a) of the Cabinet Resolution No. (1) of 2022 On the Implementation of Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relations.

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“1. Subject to the provisions of Article (7) of the Decree-Law, the contract between the employee and employer shall be according to any of the work types set out therein, in addition to the following types:

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

An employment contract must clearly state the details of the employer and the employee, job role, wages, workplace, working hours, leave entitlements, notice period, and other terms as required by the Ministry of Human Resources and Emiratisation. The contract may include additional clauses and can be changed to a remote work contract with mutual consent.

Furthermore, the work arrangements should be agreed in writing through the employment contract or an amendment and may be converted to remote work if they are in agreement with the provisions of the Decree-Law, this Resolution and the Legal Regulations. This is in accordance with Article 10 (3) of the Cabinet Resolution No. (1) of 2022;

“Subject to the provisions of Article (8) of the Decree-Law:

1. The employment contract should include the name and address of the employer, the name, nationality and date of birth of the employee, proof of his identity, his qualification, the job or occupation, the date of work commencement, the workplace, the working hours, the rest days, the probationary period, if any, the term of the contract, the wage agreed upon including the benefits and allowances, the annual leave entitlements, the notice period, the procedures for terminating the employment contract and any other data determined by the Ministry in order to regulate the relationship between both parties.

2. The employee and the employer may agree to introduce new clauses to the approved contract forms, provided that they are in agreement with the provisions of the Decree-Law, this Resolution and the Legal Regulations.

3. The contract may be changed from one work type to another, subject to the following:

a. Approval of 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.

4. The employee and the employer shall contract for the work type agreed upon using the contract forms in the Ministry’s system, namely: Remote work contract.”

An employee may work remotely with the employer’s approval, and an employer may set specific working hours for an employee. This is in accordance with Article 17 (6) of the Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment relations, “If the employee wishes to perform his work remotely, whether inside or outside the State, with the approval of the employer, the latter may require specific working hours.”

In accordance with the aforementioned provision of the law, remote working is legally recognised in the UAE if it is mutually agreed between an employer and an employee through a written contract or amendment in accordance with Cabinet Resolution No. 1 of 2022. You may consider formalising a remote work policy or contract. To ensure compliance, you may seek professional legal advice based on the nature of your business.

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.