• Employment Regulations 2019 Rules Employment Regulations 2019 Rules

    • Employment Regulations 2019 (Compensation Awards and Limits) Rules 2019

      Date of Adoption: 16 October 2019

      The Board of Directors of the Abu Dhabi Global Market, in implementation of section 61 of the Employment Regulations 2019, hereby makes the following rules:-

      • 1. Citation, Commencement And Interpretation

        (1) These Rules may be cited as the Employment Regulations 2019 (Compensation Awards and Limits) Rules 2019.
        (2) These Rules shall come into force on the date of their publication.
        (3) In these Rules -
        (a) references to sections shall mean references to the relevant sections of the Regulations unless referring to sections of these Rules; and
        (b) "Regulations" means the Employment Regulations 2019.
        (4) Terms used in these Rules which are defined in the Regulations shall have the meanings given to them in the Regulations.

      • 2. Hiring Employees

        (1) Where an Employer fails to comply with any of sections 2, 4 or 11, it shall be liable for a fine not exceeding level 7 on the standard fines scale in each case.
        (2) Where an Employer fails to comply with section 3 it shall be liable for a fine not exceeding level 8 on the standard fines scale.
        (3) Where an Employer fails to give an Employee a written Contract of Employment as required by section 5 (either because the Employer gives the Employee no written Contract of Employment or because the written Contract of Employment provided does not comply with what is required under section 5),
        (a) it shall be liable for a fine not exceeding level 3 on the standard fines scale; and
        (b) the Employee may apply to the Court for a declaration to determine what matters ought to have been included in the written Contract of Employment so as to comply with section 5, and for the Court to order compliance.
        (4) Where an Employer fails to provide an Employee with a written pay statement in accordance with section 7 (either because the Employer gives the Employee no written pay statement or because the written pay statement provided does not comply with what is required under section 7),
        (a) it shall be liable for a fine not exceeding level 3 on the standard fines scale; and
        (b) the Employee may apply to the Court for a declaration to determine what matters ought to have been included in the written pay statement, and order compliance, so as to comply with section 7 and/or whether any unnotified deductions have been made from the Employee’s Wages during the period of 13 weeks immediately prior to the date of the Employee’s application to the Court(whether or not the deductions were made in breach of the Contract of Employment).
        (5) Where the Court makes a declaration under Rule 2(4) and finds that any unnotified deductions have been made from the Employee’s Wages during the period of 13 weeks immediately prior to the date of the Employee’s application to the Court(whether or not the deductions were made in breach of the Contract of Employment), the Court may order the Employer to pay to the Employee a sum not exceeding the aggregate of the unnotified deductions so made. For the purposes of this Rule a deduction is an unnotified deduction if it is made without the Employer including such deduction in a written pay statement given to the Employee in accordance with section 7.

      • 3. Protection Of Wages

        (1) Where an Employer fails to comply with section 12, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to:
        (a) the Employer’s default in failing to comply with its obligations under section 12; and
        (b) any loss sustained by the Employee which is attributable to the matters complained of.
        (2) Where an Employer fails to comply with section 13, the Employee may apply to the Court for a declaration to that effect and the Court may, at its discretion, order the Employer to pay to the Employee compensation in respect of such failure, with such compensation to be of such amount as the Court considers just and equitable in all the circumstances up to a maximum sum equal to the last Daily Wage for each Day during which the Employer failed to comply.
        (3) Where an Employer makes a deduction from an Employee’s Wages or accepts a payment from an Employee which in either case is not authorised under section 14, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to:
        (a) pay to the Employee the amount of any deduction made in contravention of section 14;
        (b) repay to the Employee the amount of any payment received by the Employer in contravention of section 14; and
        (c) pay to the Employee (in addition to any sums payable under paragraphs (a) and (b) above) such amount as the Court considers appropriate in all the circumstances to compensate the Employee for any financial loss sustained by the Employee which is attributable to the matter complained of.
        (4) Where the Court orders an Employer to pay to the Employee the amount of a deduction made in contravention of section 14 or orders an Employer to repay to the Employee the amount of any payment received in contravention of section 14, the Employer shall not be entitled to recover such amounts paid to the Employee by any other means whatsoever.
        (5) Where a person fails to comply with section 15, that person shall, in addition to any sum which may be payable by the Employer to the person seeking employment in accordance with section 15(3), be liable to a fine not exceeding level 3 on the standard fines scale.

      • 4. Working Time And Leave

        (1) Where an Employer fails to comply with any of sections 16 to 18 inclusive, it shall be liable to a fine not exceeding level 3 on the standard fines scale.
        (2) Where an Employer refuses to permit an Employee to exercise any rights the Employee has under sections 19, 20, 21, 22, 27, 28, 29, 30 and 31 (or pro-rata entitlements to such rights under section 32), the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to:
        (a) the Employer’s default in refusing to permit the Employee to exercise his right(s); and
        (b) any loss sustained by the Employee which is attributable to the matters complained of.
        (3) Where either the Employer or the Employee has failed to pay to the other an amount due in respect of accrued but untaken Vacation Leave (or excessive Vacation Leave) on termination of employment under section 23, the Employer or Employee to whom such payment is due may apply to the Court for a declaration to that effect and the Court shall order the Employer or Employee from whom such payment is due (as applicable) to pay to the Employer or Employee to whom such payment is due (as applicable) a sum equal to the sum it finds to be due under section 23

      • 5. Maternity And Paternity Rights

        (1) Where an Employer refuses to permit an Employee to exercise any rights the Employee may have to take maternity or adoption leave under section 33 or Paternity Leave under section 35(1), or the Employer fails to comply with section 36, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to:
        (a) the Employer’s default in refusing to permit the Employee to exercise his right(s); and
        (b) any loss sustained by the Employee which is attributable to the matters complained of.
        (2) Where an Employer fails to pay an Employee during maternity or adoption leave in accordance with section 34, or fails to pay an Employee during Paternity Leave in accordance with section 35(2), the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to pay to the Employee a sum equal to the aggregate sum that the Employer was obliged to pay to the Employee under the applicable section (or, where the Employer has paid the Employee during such period of leave but such payment is less than that required under the applicable section, a sum equal to the difference between the aggregate of the payment made by the Employer and the aggregate of the sums required under the applicable section).

      • 6. Employer’s Obligations

        (1) Where an Employer fails to comply with any of sections 37 to 46 inclusive, it shall be liable to a fine not exceeding level 4 on the standard fines scale in each case.
        (2) Where an Employer dismisses or penalises an Employee in breach of section 47(1), the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to:
        (a) the Employer’s default in refusing to permit the Employee to exercise his right; and
        (b) not exceeding level 2 on the standard fines scale in the case of an Employer with more than five but fewer than ten employees; and
        (c) not exceeding level 3 on the standard fines scale in the case of an Employer with ten or more employees.
        (3) Where an Employer fails to comply with section 48 the Court shall order the Employer to meet or otherwise reimburse the Employee for all reasonable medical expenses incurred by the Employee in connection with such injury that would have otherwise been payable by the Employer in accordance with section 48.
        (4) The scale of compensation for particular injuries for the purposes of section 49(1) is set out in the Schedule to these Rules. In addition, where an Employee sustains an injury as a result of an accident arising out of or in the course of his employment, and the Employee can show that such accident arose as a result of the Employer’s negligence or actions, the Employer shall be liable to a fine:
        (a) not exceeding level 1 on the standard fines scale in the case of an Employer with five or fewer employees;
        (b) not exceeding level 2 on the standard fines scale in the case of an Employer with more than five but fewer than ten employees; and
        (c) not exceeding level 3 on the standard fines scale in the case of an Employer with ten or more employees.
        (5) Where an Employer has failed to pay to the Employee’s named dependants the sum (or the full sum) due under section 49(3), the Employee’s named dependants may apply to the Court for a declaration to that effect and the Court shall order the Employer to pay to the Employee’s named dependants a sum equal to the sum it finds to be due under section 49(3) (or, where the Employer has paid a sum which is less than the full sum due under section 49(3), a sum equal to the difference between the sum paid by the Employer and the full sum due under section 49(3)).
        (6) Where an Employer fails to comply with section 50 it shall be liable to a fine not exceeding level 3 on the standard fines scale and, in the event of an Employee suffering an injury as a result of an accident arising out of or in the course of his employment which the Court considers would be likely to have been covered by such health insurance had the Employer complied with its obligations under section 50, the Court shall order the Employer to meet or otherwise reimburse the Employee for all reasonable medical expenses incurred by the Employee in connection with such injury.

      • 7. Time Off Work

        (1) Where an Employer fails to comply with section 51(1) (and the Employee has, if requested by the Employer, complied with section 51(2)), it shall be liable to a fine not exceeding level 4 on the standard fines scale

      • 8. Non-Discrimination

        (1) Where an Employer discriminates against an Employee contrary to section 54, the Employee may apply to the Court for a declaration to that effect and the Court:
        (a) shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to -
        (i) the Employer’s default in failing to comply with its obligations under section 54;
        (ii) any injury to feelings incurred by the Employee; and
        (iii) any loss sustained by the Employee which is attributable to the matters complained of;
        save that such award shall be subject to a maximum of 3 years’ Basic Wages; and
        (b) may make recommendations to the Employer that, within a specified period, the Employer shall take specified steps for the purpose of obviating or reducing the adverse effect of any matter to which the proceedings relate on the Employee or any other person. Where an Employer fails to comply with any such recommendation within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the standard fines scale.

      • 9. Termination Of Employment

        (1) Where, in terminating the employment of an Employee, the Employer fails to give the applicable period of notice in accordance with section 55(2) (if applicable) (or the Employer fails to pay the Employee in lieu of the applicable period of notice), the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to pay to the Employee a sum equal to the Wages that the Employer would have otherwise been obliged to pay to the Employee under the Employee’s Contract of Employment during or in respect of what should have been the applicable period of notice (or, where the Employer has given a period of notice (or made a payment in lieu of notice) but that period of notice (or payment in lieu of notice) is less than that required under section 55(2), during or in respect of the period equal to the difference between the notice given by the Employer and the full period of notice required under section 55(2)).
        (2) Where an Employee terminates his employment and fails to give the applicable period of notice in accordance with section 55(2) (or gives a period of notice less than that required under section 55(2)) the Employer may apply to the Court for a declaration to that effect and the Court may grant the Employer such remedies and compensation to be assessed in accordance with English common law.
        (3) Where an Employee terminates his employment for cause in accordance with section 56(2), the Employee shall be treated for the purposes of section 55(2) (and section 9(1) of these Rules) as if he had been dismissed by the Employer and accordingly, in accordance with section 9(1) of these Rules, may apply to the Court for a declaration under that section of these Rules and the Court shall order the Employer to pay to the Employee a sum equal to the Wages that the Employer would have otherwise been obliged to pay to the Employee under the Employee’s Contract of Employment during or in respect of what should have been the applicable period of notice required to be given by the Employer to the Employee under section 55(2).
        (4) Where, following the written request of an Employee in compliance with section 57, the Employer:
        (a) fails to provide the Employee with a written statement of the reasons for the Employee’s dismissal within 14 Days of the date on which such request was received by the Employer; or
        (b) provides reasons which are inadequate or untrue;
        the Employee may apply to the Court for an award that the Employer shall pay to the Employee a sum equal to two weeks’ Basic Wages.
        (5) Where, in terminating the employment of an Employee, the Employer fails to pay an Employee a gratuity payment in accordance with section 59 (if applicable), the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to pay to the Employee a sum equal to the gratuity payment that the Employer was obliged to pay to the Employee under section 59 (or, where the Employer has paid a gratuity payment but such payment is less than the gratuity payment calculated in accordance with section 59, a payment equal to the difference between the payment made by the Employer and the full gratuity payment calculated under section 59).

      • 10. Employment Regulations 2019 (Compensation Awards And Limits) Rules 2016

        The Employment Regulations 2015 (Compensation Awards and Limits) Rules 2016 are repealed.

    • Employment Regulations 2019 (Engaging Non-Employees) Rules 2020

       

      Date of Adoption: 29 March 2020

      The Registrar of Abu Dhabi Global Market in implementation of section 61 of the Employment  Regulations 2019, hereby makes the following rules:‐

      • 1. 1. Introduction

        • (1) Citation, Commencement And Interpretation

          (a) These Rules may be cited as the Rules on Engaging Non‐Employees 2020.

          (b) These Rules shall come into force 13th May 2020.

          (c) In these Rules references to sections shall mean references to the relevant sections of the Regulations unless referring to sections of these Rules.

          (d) Unless the context suggests otherwise, terms used in these Rules which are defined in the Regulations shall have the meanings given to them in the Regulations.

          In these Rules –

          (i) “ADGM Entity” means a licensed person, as defined in the Commercial Licensing Regulations 2015, as amended, or the Abu Dhabi Global Market as governed by article (2) of ADGM Founding Law;

          (ii) “Intern” means a student or trainee who works for an ADGM Entity, with or without pay, in order to gain work experience;

          (iii) “Non‐Employee” means a person who is a Secondee, an Outsourced Individual, an Intern, or a Temporary Freelancer;

          (iv) “Outsourced Individual” means an individual temporarily working in Abu Dhabi Global Market for one or more ADGM Entities under an outsourcing agreement and who has the right to work in the UAE but does not hold a visa facilitated by the Registrar;

          (v) "Regulations" means the Employment Regulations 2019;

          (vi) “Secondee” means an individual temporarily working in Abu Dhabi Global Market for an ADGM Entity on a secondment basis and who has the right to work in the UAE but does not hold a visa facilitated by the Registrar;

          (vii) “Temporary Freelancer” means an individual who provides services in or from Abu Dhabi Global Market to an ADGM Entity on a temporary basis, who is not under the exclusive direction and control of an ADGM Entity and who holds a freelancer license from a UAE free zone; and

          (viii) “Temporary Work Permit” means an Abu Dhabi Global Market work permit that is issued for a Non‐Employee.

        • (2) Application

          These Rules apply to every ADGM Entity that engages or intends to engage the following categories of individuals:

          (a) Secondees;

          (b) Outsourced Individuals;

          (c) Interns; and

          (d) Temporary Freelancers.

        • (3) Purpose

          The purpose of these Rules is to supplement the Regulations and to set out the conditions for the issuance of Temporary Work Permits in Abu Dhabi Global Market as well as applicable fees and fines for non‐compliance with these Rules.

      • 2. 2. Temporary Work Permits

        • (1) Authority

          (a) The Registrar is the sole authority to issue Temporary Work Permits.

          (b) The Registrar may in their sole discretion revoke any Temporary Work Permit approved under subsection (1)(a).

        • (2) Responsibility For Obtaining A Temporary Work Permit

          (a) The ADGM Entity engaging the Non‐Employee is responsible for obtaining, maintaining and paying the cost of the required Temporary Work Permit (in accordance with Schedule 1) prior to the Non‐Employee’s provision of any services in the Abu Dhabi Global Market to that ADGM Entity.
          (b) A delay in filing an application for a Temporary Work Permit will attract, in addition to filing fee applicable, a delayed application fee in accordance with Schedule 1.
          (c) Failure to comply with subsection (2) will be considered a contravention of these Rules and will attract a fine in accordance with Schedule 2.
          (d) The ADGM Entity engaging Non‐Employees shall keep records of the following:
          (i) Non‐Employees’ names;
          (ii) The date on which the Non‐Employees’ engagements began; and
          (iii) The date on which the Non‐Employees’ engagements expire.
          (e) Records prescribed in subsection (2)(c) shall be in English, kept at the ADGM Entity’s principal place of business in the Abu Dhabi Global Market and may be retained in electronic format.

        • (3) General Requirements For All Temporary Work Permits

          (a) For any individual entering into a temporary engagement with an ADGM Entity, the relevant ADGM Entity must apply for a Temporary Work Permit.

          (b) In order to be granted a Temporary Work Permit, the individual, if not a UAE or GCC national, must hold a valid UAE residence visa which is valid for longer than the requested duration of the Temporary Work Permit.

          (c) Temporary Work Permits can be issued for validity periods of 3, 6 or 12 months.

        • (4) Specific Requirements

          (a) Unless an exemption is granted by the Registrar, a Temporary Work Permit for a Secondee and an Intern shall be valid for a maximum period of 12 months and is not renewable.

          (b) A Temporary Work Permit for an Outsourced Individual or Temporary Freelancer can be renewed indefinitely, upon payment of the applicable fees in accordance with Schedule 1.

          (c) If the Non‐Employee is between 15 and 18 years of age, the ADGM Entity shall take all appropriate measures to ensure that conditions for that Non‐Employee’s engagement are safe, reasonable and appropriate for their age and wellbeing.

        • (5) Required Documents

          (a) The Registrar may, from time to time, publish the list of required documents upon application for a Temporary Work Permit.

          (b) These requirements are subject to change from time to time, at the Registrar’s discretion.

          (c) The Registrar has the power to grant exceptions to ADGM Entities in regards to the required documents.

        • (6) Reduction, Waiver Or Refund Of Fees

          (a) The Registrar may reduce, waive or refund all or part of any fee if it considers that, in the exceptional circumstances of a particular case, it would be equitable to do so.

          (b) For the purpose of these Rules, “exceptional circumstances” is defined as any unforeseen circumstances in which the public interest outweighs the need for the imposition of the fees.

        • (7) Employment Regulations 2019 (Engaging Non‐employees) Rules 2019

          The Employment Regulations 2019 (Engaging Non‐employees) Rules 2019 is repealed.

      • SCHEDULE 1 – Fees

        Fees for obtaining and renewing Temporary Work Permits and delayed application fees

        Table 1 ‐ Issuance of Temporary Work Permit

        Category of Non‐
        Employee
        3 months 6 months 12 months
        Secondee 150 300 600
        Outsourced Individual 150 300 600
        Intern 150 300 600
        Temporary Freelancer 150 300 600

        Table 2 ‐ Renewal of Temporary Work Permit

        Category of Non‐
        Employee
        3 months 6 months 12 months
        Secondee 150 300 600
        Outsourced Individual 150 300 600
        Intern 150 300 600
        Temporary Freelancer 150 300 600

        Table 3 – Delayed Applications

        Delay Fee
        If filed within 1 week after the Non‐Employee commences its
        engagement
        250
        If filed more than 1 week after the Non‐Employee commences
        its engagement
        500
        The above fees are in United Arab Emirates Dirhams and are inclusive of VAT.

      • SCHEDULE 2 – FINES

        Any ADGM Entity which fails to comply with these Rules shall be liable for the fines set out in the table below:
        Rule Contravention Fine as per the
        scale
        Subsection 2(2) The ADGM Entity fails to obtain a
        Temporary Work Permit for a Non‐
        Employee prior to commencing
        their engagement.
        Not exceeding
        level 7
        Subsection 2(2) The ADGM Entity fails to renew a
        Temporary Work Permit while the
        Non‐Employee continues to be
        engaged in the ADGM Entity’s
        business or to provide services for
        the benefit of the ADGM Entity.
        Not exceeding
        level 7