In the UAE, employers must provide their employees with a written labour employment contract, which outlines the terms and conditions of employment.
However, some employees may find themselves in a situation where there is no contract of employment in place.
This can be a cause for concern for both parties involved, as it can leave them vulnerable to potential legal issues.
In this article, we will discuss the implications of having no employment contract in the UAE and what steps can be taken to rectify the situation.
Contact Al Mulla Labor Lawyer in Dubai. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
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No Contract of Employment UAE and Steps to Take
The employer and the employee can face legal issues if no work contract exists. The lack of a contract can leave both parties vulnerable to disputes over working hours, salary, and other employment-related issues.
If an employee in the UAE finds themselves without a formal employment contract, there are several steps they can take to rectify the situation in 2024:
- Request a Contract in Writing. The employee should formally request a written contract from their employer. This request should be documented and sent via email or a written letter to ensure there is a record of the request.
- Refer to MOHRE Guidelines. The Ministry of Human Resources and Emiratisation (MOHRE) provides guidelines and support for employees regarding their rights. Employees should familiarize themselves with these guidelines and use them to reinforce their request for a contract.
- Seek Internal Resolution. Before escalating the matter, the employee should try to resolve the issue internally by discussing it with their HR department or management. Sometimes, issues can be resolved amicably without further action.
- File a Complaint with MOHRE. If the employer fails to provide a contract after a formal request, the employee can file a complaint with MOHRE. The ministry has a specific process for handling labor disputes, including visiting the MOHRE website or their nearest service center, submitting a formal complaint through the appropriate channels, and providing supporting documentation.
- Legal Recourse. If MOHRE mediation does not resolve the issue, the employee can consider taking legal action. This may involve Consulting with a labor lawyer to understand the legal implications and process. Filing a case in the UAE labor court, the court can order the employer to issue a contract and potentially award compensation for related damages.
The employee must keep detailed records of all communications and actions throughout this process. This documentation will be essential if the dispute escalates to legal proceedings.
Compensation for Not Providing Contract of Employment UAE
In the UAE, employers are legally required to provide their employees with a written labor employment contract within 14 days of the employee’s arrival in the country.
Failing to do so can lead to significant legal and financial consequences for employers.
The compensation for no contract of employment typically involves several aspects:
- End-of-Service Benefits: If an employer fails to issue a proper contract, it might still be required to pay end-of-service benefits to the employee. These benefits are calculated based on the employee’s basic salary and length of service.
- Unlawful Termination Compensation: If an employee is terminated and found not to have been provided a contract, this could be considered unlawful termination. In such cases, the employer may have to compensate the employee up to three months’ salary, including all allowances.
- Fines: Employers who fail to comply with labor laws, including providing contracts, can face fines ranging from AED 5,000 to AED 1,000,000, depending on the severity and the number of employees affected by the breach.
Employers must ensure compliance with these regulations to avoid such penalties and provide a fair working environment for their employees.
Legal Services Related to Employment Contract Absence in UAE
- Legal Consultation and Advice. Al Mulla Lawyers provide expert advice to employees on their rights under UAE labor laws and outline the necessary steps to address the absence of an employment contract.
- Filing Complaints with MOHRE. The firm assists employees in preparing and submitting formal complaints to MOHRE, ensuring all necessary documentation is accurately compiled.
- Mediation and Negotiation Services. They offer mediation services to facilitate amicable resolutions between employees and employers and negotiate on behalf of employees to secure their rights and ensure compliance with legal obligations.
- Court Representation. In cases where disputes cannot be resolved through mediation, Al Mulla Lawyers provide robust legal representation in labor courts, presenting well-prepared cases to seek compensation and enforce employee rights.
- Drafting Legal Documents. The firm helps draft formal legal documents and correspondence to request an employment contract from employers, ensuring the documents are legally sound and effectively communicate the employee’s demands.
- Advisory Services on Employment Rights. Beyond dispute resolution, Al Mulla Lawyers offers advisory services to educate employees on the implications of working without a contract, provide guidance on potential legal outcomes, and safeguard their rights.
FAQs about No Contract of Work
Conclusion.
Having no contract of employment in the UAE can be a cause for concern for both employers and employees. It is important to ensure that a written labour employment contract is in place to protect both parties and prevent potential legal issues.
If you find yourself in a situation with no contract, it is important to rectify the situation and seek legal advice if necessary.
With the help of legal experts such as Al Mulla Lawyers & Legal Consultants, you can ensure that your rights are protected and that you are treated fairly in the workplace.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
We recommend you read about the case of Employer hasn’t given contract of employment in Dubai. Also, read about the case of not signing employment contract in Dubai.
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.