PART 1 PART 1 : Hiring Employees
1. No Waiver(1) The requirements of these Regulations are minimum requirements and, subject to subsection (2), a provision in an agreement to waive or exclude any of those requirements, except where expressly permitted under these Regulations, shall be void.(2) Subsection (1) shall not prevent an Employer and Employee from entering into a settlement agreement under which the Employer or the Employee agrees to waive all and any actual, threatened or potential claims that it or he may have against the other arising out of the Employee’s employment (or, where applicable, the termination of the Employee’s employment), including claims to enforce rights under these Regulations, provided that –(a) such agreement must be in writing;(b) such agreement must signed by both the Employer and Employee; and(c) valid consideration must be provided to the relevant party waiving such claims by the other party.(3) Nothing in these Regulations precludes an Employer from providing in any Contract of Employment, terms and conditions of employment that are more favourable to the Employee than those required by these Regulations.
2. No False RepresentationsAn Employer shall not induce, influence or persuade a person to become an Employee, or to work or to be available for work, by misrepresenting any of the following –(a) the availability of a position;(b) the type of work;(c) the Wages; or(d) the conditions of employment.
3. Hiring Children And Youth(1) An Employer shall not employ a child who is under 15 years of age.(2) An Employer may employ youth between 15 and 18 years of age subject to Registrar rules.(3) An Employer shall take all appropriate measures to ensure that conditions for the youth's employment are safe, reasonable and appropriate for their age and wellbeing.
4. Visa And Permits
The Employer shall be responsible for obtaining, maintaining and paying the cost of the Employee's work permit and, as applicable, the UAE residency visa and UAE identity card.
5. Right To A Written Contract(1) An Employee may only be employed pursuant to a written Contract of Employment which must be written in English and signed by both the Employer and the Employee.(2) The Employer shall give to each Employee a copy of the written Contract of Employment that has been signed by both the Employer and the Employee. The written Contract of Employment shall be provided to the Employee, within a reasonable time (as the case may be) but in any event, not later than 1 month after the commencement of the employment.(3) The Employer is responsible for ensuring that any Employee who does not have sufficient competency in the written English language understands the terms of the Contract of Employment before signing it.(4) The Contract of Employment shall include as a minimum –(a) the names of the Employer and Employee;(b) the date when the employment began, or is to begin;(c) the Employee's Wages;(d) the applicable Pay Period;(e) any terms and conditions relating to hours or days of work;(f) any terms and conditions relating to –(g) Vacation Leave and Vacation Pay, National Holidays and pay for such National Holidays; and(h) sick leave and sick pay;(i) the length of notice that the Employee and the Employer is obliged to give and is entitled to receive to terminate the employment;(j) the title of the Employee's job or a brief description of the Employee's work;(k) where the employment is not intended to be for an indefinite duration, the period for which it is expected to continue or, if it is a fixed term, the date when it is to end;(l) the place of work;(m) any disciplinary rules and/or grievance procedures applicable to the Employee; and(n) any other matter that may be prescribed by the Board by rules.(5) An Employer shall expressly state in writing in the Contract of Employment those matters relating to the employment of the Employee that shall be subject to the Employer's policies (if any) which may be changed at the Employer's discretion from time to time by way of a written notice to the Employee.
6. Amendment Of The Contract Of Employment
Any amendment to the Contract of Employment of an Employee must be in writing and signed by the Employee except where such change is for the benefit of the Employee.
7. Right To A Pay Statement(1) An Employer shall give to an Employee when, or before, an Employee is paid any Wages, a written pay statement that includes –(a) the amount of the Wages payable; and(b) the amounts of any variable, and any fixed, deductions from that amount and the purposes for which they are made.(2) An Employer satisfies the requirement in subsection (1) if it provides electronic access to the pay statement and the Employee may print such statement.
8. Short‐term Employment
Sections 5(4) and 7 do not apply to an Employee if the employment is for less than 30 Days.
9. Probation(1) The Employer may subject the Employee to a probationary period, provided that such period does not exceed 6 months and is specified in the Contract of Employment.(2) During the probationary period either the Employer or the Employee may terminate the Contract of Employment without cause on 1 week's written notice to the other or for cause without notice.
10. Employee's DutiesEmployees shall, except as and to the extent specified in the Contract of Employment, during the employment (and, where specified below in this section, following the termination of the Employee’s employment) –(a) perform their employment duties with reasonable diligence and care;(b) obey the orders of the Employer to the extent that –(i) the orders are consistent with the Employee's employment duties;(ii) the orders will not expose the Employee to danger;(iii) the carrying out of such orders will not constitute a contravention of any regulation or other legislation of the Abu Dhabi Global Market or any legislation or regulation that is applicable within the Abu Dhabi Global Market;(c) comply with the health and safety instructions of the Employer;(d) take reasonable care of any of the Employer's property which is in the Employee's possession or control or which is accessed or used by the Employee;(e) not accept any gifts or advantage from any person in return for the performance of the Employee's employment duties;(f) not compete with the business of the Employer; and(g) not disclose to any third party any confidential information of the Employer (which obligation shall apply both during the Employee’s employment and indefinitely following termination of employment), unless such disclosure is compelled by a competent court or by the applicable law.
11. Employment Records(1) For each Employee, the Employer shall keep records of the following information –(a) a copy of the Employee's Contract of Employment;(b) the Employee's name, date of birth, occupation, telephone number and contact address (both residential and postal);(c) the date on which the employment began;(d) the Employee's Wages (gross and net, where applicable), and the applicable Pay Period;(e) the contractual hours which the Employee has agreed to work;(f) the benefits paid to the Employee by the Employer;(g) each deduction made from the Employee's Wages and the reason for it;(h) the dates of the National Holidays taken by the Employee and the amounts paid by the Employer;(i) the dates of the Vacation Leave taken by the Employee, the amounts paid by the Employer and the Days and amounts owing;(j) sick leave and other special leaves of absence; and(k) the amount of any end‐of‐service gratuity payment and any other severance payment paid to the Employee on termination of the employment.(2) Records prescribed in subsection (1) shall be –(a) in English and English language shall have precedence over any other language used in the records;(b) kept at the Employer's principal place of business in the Abu Dhabi Global Market; and(c) retained by the Employer for a minimum of 2 years after the employment terminates.(3) Records prescribed in subsection (1) may be retained in electronic format.