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June 15, 2023
If an employee is recruited by a Mainland LLC or any Free Zone company in the UAE, through a standard Labour Contract process, and he works inside the United Arab Emirates, then he is considered a full-time employee of the company. He is entitled to be paid and treated as per the UAE Labour and Employment Laws. It can also be defined like this ”When an Employer and Employee both decided and agreed to start working together, under the contractual liability of an Employment Contract, an Internal Contract, or both, then Employee is considered and has to be treated as Employee, as per her/his role defined in UAE Labour and Employment Law.
Apart from this, if an employee is sent for remote working, or overseas working, but under UAE Labour and Employment Law, then he has full and secured Labour rights as per UAE Labour and Employment Law. This work can be Part-time as well as full-time. But any contractual liability agreed and accepted in the UAE as per the UAE Labour Law will be considered as an Employment liability for the Employer.
But if there is any change brought in work or services agreed upon before, then the employer and employee should renew the contract. Before moving to a new contract, all the dues must be cleared, and if there is no mutual consensus between the employer and the employee that he can be paid later. But mutual consensus between the employer and employee is required. As per Article 10(3) of Cabinet Resolution No. 1 of 2022, when an employee is migrated to another work, then he must be paid all the outstanding.
Hiring International Employee
- While hiring International employees, you must be familiar with Non-Compliance risk and the time required for hiring and calling the employee overseas. It takes time, and sometimes we need quick recruitment. For such purposes, recruitment agencies can be hired, which help to hire the best and train employees. Therefore, assistance can be taken from these recruitment agencies. These HR and Recruitment agencies play an important role in hiring skilled workers for serious and responsible positions.
- The immigration procedure is a little different in the sense that the UAE does not offer citizenship. Therefore, it is only for recruitment. Initially, agreements are signed between the employer and employee, and the work or employment VISA is processed afterwards. Once the work is started, the Employee is paid through WPS, the wage protection system. Insurance, Leave Salaries, and all the other benefits as per UAE Labour Law have to be awarded/given to an employee without any discrimination. An employee who is hired overseas is also provided with the relocation cost, provided that there are some separate arrangements between the employer and employee.
- For a better understanding of such Laws, please do contact Labour and Employment Lawyers in Dubai, like Ask The Law – Al Shaiba Advocates and Legal Consultants. Consultation with good Labour and Employment Lawyers will always provide the latest advice and information. Therefore, the Consultation session is very much needed and compulsory before getting into the hiring or recruitment process. Book a legal appointment with ASK THE LAW Legal Team online and grab the latest Labour and Employment Law ideas today.
- Ideas and content can be outdated and old. We must tell you that you please consult the lawyers before making a decision. Our Emirati lawyers and legal consultants are the most senior, talented and promising attorneys in Dubai.