Working in the UAE: Can employees convert their existing regular contacts to remote work? – information

The agreement between workers and employers will be based on any type of work stipulated in Cabinet Resolution No. 1 of 2022

question: I work for a company based in Dubai. My work can be done remotely and I know there are work contract models specifically for this. How can I convert my existing contract to this?

answer: Based on your inquiry, it is assumed that you are currently employed by a mainland company in Dubai with a formal employment contract and have been working in an office. Accordingly, Cabinet Resolution No. 1 of 2022 on the implementation of the provisions of Federal Decree No. 33 of 2021 on employment relationships (“Cabinet Resolution No. 1 of 2022”) and Administrative Resolution No. 38 of 2022 on the implementation of the provisions of Guidelines of Ministerial Decision No. 46 of 2009, applicable to the Letter of Offer and Employment Contract forms.

In the UAE, employers and employees can agree to work in telework mode pursuant to Article 5(1)(a) of Cabinet Resolution No. 1 of 2022 which states that “Subject to Article 7 of Federal Decree No. 33 of 2021 regarding The employment relationship stipulates that the contract between the employee and the employer shall comply with any type of work specified therein, except for the following types:

a. Working remotely: All or part of the work is performed outside the workplace, with electronic communication between employers and employers in place of physical presence, whether the work may be part-time or full-time. “

In addition, employers and employees can also agree to move from one mode of work to another. This is in line with Article 10(3) of Cabinet Resolution No. 1 of 2022, which states: “A contract of employment may be changed from one type of work to another, subject to the following conditions:

a. With the consent of both the employee and the employer.

b. Payment of all rights arising from the original contract.

c. Follow the procedures prescribed by the Ministry. “

Under the above laws, you can enter into an agreement with your employer that allows you to work remotely without being in the office. However, Clause 3 of Article 10 of the above-mentioned Cabinet Resolution No. 1 of 2022 stipulates that when an employee migrates to another mode of work, the employer may have to pay all service benefits and fees as per the original employment contract. Assuming in your situation, if you and your employer agree to move you to a remote work model, there may not be any change in your compensation. In this case, cancellation of the existing contract may not be required, but your employer should amend your employment contract with the Ministry of Human Resources and Emiratisation as stated in the Guidelines section of Administrative Resolution No. 38 of 2022. You or your employer can contact the Ministry of Human Resources and Emiratisation to clarify whether your existing employment contract needs to be canceled or can be amended when your job migrates to a remote working model as there may be no changes to your Remuneration and other terms and conditions in employment contracts.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, UK and India. Further information on his company is available at: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.