Employment regulations in the UAE are governed by Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022.
This law includes the assignment of employment agreement, which specifies an employee’s work.
This article discusses key aspects of this law, such as the prohibition on assigning other work and the employee’s right to resign without notice.
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Table of Contents
Assignment of employment agreement.
The UAE’s employment regulations are governed by Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022, both of which pertain to the regulation of employment relations.
One of the key aspects of this law is the assignment of the employment agreement.
Prohibition on Assignment of Other Works.
Under the Employment Law, employers are prohibited from assigning employees to work that differs from the tasks specified in their labour contract, except under specific conditions and for a limited time.
Exceptions to the Prohibition on Assigning Other Works.
If the employee agrees, the employer may assign them work that deviates from the employment contract. However, this agreement must be written and sent from the employee’s work email address.
Article 12(1) of the Employment Law states that an employee cannot be assigned work that is significantly different from the agreed-upon work in the employment contract.
Except in cases where it is necessary or serves to prevent an accident or rectify its consequences.
Written Consent for Assigning Other Works.
If the worker consents in writing, the employer may entrust them with a job that is not agreed upon in the employment contract, in compliance with Article 12(2) of the Employment Law.
Employer’s Responsibility for Expenses.
If the work not specified in the employment contract entails relocating the employee, the employer is required to cover all related expenses, such as relocation and living costs.
Time Limit for Assigning Other Works.
According to Article 13(1) of Cabinet Resolution No. 1 of 2022, an employer cannot assign other work beyond a 90-day period.
The worker may only be assigned to such jobs for 90 days each year in exceptional cases deemed necessary or to prevent an accident or repair damage caused by the employee.
Employee’s Right to Resign Without Notice.
An employee may resign without notice if the work they perform differs significantly from that specified in the employment contract, according to Employment Law Article 45(4).
Remedies for Violations of Employment Law.
If an employer assigns work that violates the employment contract, an employee may request that the employer assign work that is consistent with their designation under legal guidelines.
Alternatively, they may request that the company modify the terms of the current employment agreement. If the employer disagrees, the employee may not be required to stay on the job.
Employees may also consider quitting their job without notice, as per Article 45(4) of the Employment Law.
If an employee suspects that their employer is violating the contract’s conditions, they can file a complaint with the Ministry of Human Resources and Emiratization.
FAQs about assignment of employment agreement.
In summary, the UAE’s Employment Law strictly regulates the assignment of employment agreement. Employers cannot assign workers to work that is unrelated to the position specified in the employment contract, except in certain situations and for a brief period.
Employees have several options available to them if they believe their employer has violated this law.
For legal assistance on all aspects of UAE labour law, Al Mulla Labour Lawyer & Legal Consultant is the best option for labour-related cases in the UAE.
Contact the office of Al Mulla via Whatsapp. Click here. Or visit us at our law firms: Dubai. You can also call us on phone: 00971501961291.
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A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.