Consultation · FSRA · 26 Jul 2024
The Abu Dhabi Global Market Registration Authority proposes amendments to the Employment Regulations 2019 to clarify employee entitlements during probation, define part-time work, and permit remote or hybrid working arrangements. The proposals introduce paid paternity leave for adopting fathers, nursing breaks for female employees, bereavement leave, and a requirement for employers to provide a certificate of experience within 14 days of termination. Additionally, the draft removes statutory overtime pay calculations, mandates end-of-service gratuity regardless of termination reason, and establishes vicarious liability for employers regarding employee discrimination or harassment.
CONSULTATION PAPER
NO. 6 OF 2024
PROPOSED AMENDMENTS TO EMPLOYMENT
REGULATIONS
26 July 2024
Consultation Paper No. 6 of 2024
CONTENTS
Introduction .............................................................................................................................. 3
Why are we issuing this paper? .......................................................................................... 3
Who should read this paper? .............................................................................................. 3
How to provide comments ................................................................................................... 3
What happens next? ............................................................................................................ 3
Scope and Approach to the Proposed Amendments ............................................................ 5
Proposed Amendments to the Employment Regulations 2019 ............................................ 7
Current Position ................................................................................................................... 7
Proposed Changes ............................................................................................................... 7
Proposed Amendments and Enactments ..............................................................................15
Consultation Paper No. 6 of 2024
Why are we issuing this paper?
The Abu Dhabi Global Market (“ADGM”) Registration Authority (“RA”) has issued this Consultation Paper to invite public feedback and comments on proposed amendments to the Employment Regulations 2019 (the “Regulations”). The proposed amendments to the Regulations are set out in Annex A to this Consultation Paper. We have summarised the key proposed amendments to the Regulations in this Consultation Paper. The summaries provided within should be read as an introduction to the provisions only – many of the precise details and specifics are contained in the draft Regulations themselves. Who should read this paper? The proposals in this Consultation Paper would be of interest to all ADGM licensed employers and individuals employed or engaged by such employers (or those seeking to be employed or engaged by such employers) and their legal advisors. How to provide comments All comments should be in writing and sent to the address or email specified below. If sending your comments by email, please use the Consultation Paper number in the subject line. If relevant, please identify the organisation you represent when providing your comments. The RA reserves the right to publish, including on its website, any comments you provide, unless you expressly request otherwise at the time of making any comments. Comments supported by reasoning and evidence will be given more weight. What happens next? The deadline for providing comments on this proposal is 26 August 2024. After receiving your comments, we shall consider whether any modifications are required to the proposals and the ADGM Board of Directors (“Board”) and the RA will then proceed to enact the proposals in their final form. You should not act on these proposals until they are finalised and the final Regulations, and any subordinate rules and guidance, are issued by the Board and the RA. We shall issue a notice on our website when this happens. Introduction
Consultation Paper No. 6 of 2024
Comments to be addressed to:
Consultation Paper No. 6 of 2024
Registration Authority
Abu Dhabi Global Market Square Al Maryah Island PO Box 111999 Abu Dhabi, UAE Email: ra.consultation@adgm.com
Consultation Paper No. 6 of 2024
a. clarifying ambiguities related to some employee entitlements during the probation period; b. amending the definition of ‘Employee’ by making it less restrictive and enabling employers to hire full time remote employees and to allow more flexible working arrangements;
c. addressing remote/hybrid working and making it clear that it is permissible;
d. adding a definition for part-time employees and clarifying the method of calculating
part-time employees’ entitlements;
e. removing the overly complex overtime payment calculation; f. adding ante-natal appointment entitlements to adopting parents, and a paid 5 business days paternity leave to adopting fathers; g. adding nursing break entitlements for female employees; h. adding bereavement leave entitlements for employees in the event of the death of a spouse, parent, child or sibling;
i. expanding the list of employees’ duties to their employer;
j. adding a section that entitles employers to terminate employment due to the employee’s unauthorised absence; k. adding eligibility for a certificate of experience upon the termination of the employees’ employment;
l. clarifying that end of service gratuity is payable to an employee regardless of their
reason for termination, and that the timeframe for payment of employees’ entitlements upon termination commences on the effective date of termination; m. adding further sections addressing discrimination and victimisation and the employer’s vicarious liability, i.e., where an employer may be held liable for the act of an employee; Scope and Approach to the Proposed Amendments
Consultation Paper No. 6 of 2024 n. integrating the Employment Regulations 2019 (Compensation awards and limits) Rules 2019 into the Regulations and moving the powers granted to the ADGM Courts into the Regulations to make such information easily accessible and more efficient; o. adding a new section requiring employers to obtain an employee’s work permit and identity card before commencement of work in ADGM, or to have initiated the process, and requiring that the employer must cancel the visa within the time frame stipulated by the relevant authority at no cost to the employee; and p. other miscellaneous amendments.
3. A draft of the amended Regulations can be found in Annex A.
Consultation Paper No. 6 of 2024
Current Position
1. The current Regulations were enacted in 2019 to provide minimum employment standards for
employees, to promote a fair balance of rights and obligations between employees and employers, and to foster employment practices that would contribute to the success of the ADGM.
2. During the five years that the Regulations have been in force, the RA has identified a number
of areas in the Regulations and the subordinate rules which would benefit from being amended and updated to reflect global changes in work practices, and also to provide greater clarity to employees and employers with respect to their rights and obligations. The RA, therefore, is seeking to amend and update the Regulations and rules in view of such changes and the need for greater clarity. Proposed Changes Definition of an Employee
1. Over time it has become apparent that the current definition of an ‘Employee’ causes
confusion. For example, whether an individual must meet one limb or all three limbs of the definition in order to qualify as an ‘Employee’, and whether this definition restricts an ADGM entity’s ability to hire remote working employees.
2. The proposed amendments clarify that only one of two limbs must apply to qualify as an
‘Employee’:
a) the individual agrees to be subject to the Regulations in an employment contract with the ADGM entity; or b) the individual is based within, or ordinarily working within or from, the ADGM for an employer. Probation
3. The Regulations do not address whether an employee during their probationary period is
entitled to any sick pay, paid ante-natal leave and/or a repatriation flight should the employment be terminated. The Regulations also provide that employees are entitled to 20 working days of holiday per annum after 90 days of employment but does not clarify the holiday position for employees who may still be in their probationary period. Proposed Amendments to the Employment Regulations 2019 Q1: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED CHANGES TO THE DEFINITION OF AN EMPLOYEE?
Consultation Paper No. 6 of 2024
4. The proposed amendments clarify that an employee on probation is:
a) not entitled to paid ante-natal leave or maternity leave; b) entitled to a repatriation flight, except where the employee is resigning to join another employer in the UAE or terminated for cause; c) entitled to at least 1 day’s paid sick leave per month of probation; and d) entitled to leave during probation, subject to the employer’s approval. Remote/Hybrid Working
5. The Regulations do not currently address remote or hybrid working, which suggests that it is
not permitted by the ADGM, particularly given the current definition of ‘Employee’. Since remote and hybrid working has increased in the last few years, it would be prudent for the ADGM to address remote and hybrid working in the Regulations.
6. Under the proposed amendments, remote and hybrid working will be permissible in the
ADGM. The employment contracts must stipulate whether the employment relationship is a full-time remote relationship based either in the UAE (i.e., outside the ADGM) or abroad. Different obligations will apply to an employer with respect to a full-time remote employee based in the UAE versus an employee based abroad, such as the requirement to obtain healthcare or a residency visa. Additionally, other sections of the Regulations will not be applicable to full-time remote employees, such as the employers’ obligations in relation to the workplace.
Part Time Employment
7. There is no definition of a part time employee in the Regulations and therefore there is some
ambiguity as to when the entitlements set out in section 32 (pro-rata entitlements for part time employees) are applicable.
8. The proposed amendments provide a definition of a part time employee, which would be an
employee whose employment contract stipulates:
a) working less than 8 working hours per day; b) working less than 5 working days per week; or c) other terms of employment that do not constitute full-time under an employer’s normal practices. Q2: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED ENTITLEMENTS FOR EMPLOYEES DURING THEIR PROBATIONARY PERIOD? Q3: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED REQUIREMENTS WITH RESPECT TO REMOTE WORKING?
Consultation Paper No. 6 of 2024
9. Part time employment entitlements are proposed to be calculated as follows:
a) for a part-time employee who works on each working day of an employer’s working week, the entitlements will not be pro-rated; and b) for a part-time employee who will not work on each working day of an employer’s working week, the days worked by the part-time employee during the working week shall be calculated as a percentage of the working week worked by the employer’s full-time employees. Such percentage will be applied to the entitlements owed to the
part-time employee.
Overtime
10. The RA has observed that the overtime calculations are overly complicated and cause
significant confusion for both employer and employee. Further, with flexible working arrangements becoming more common, it has proven difficult to have a ‘one size fits all’ approach to overtime calculations.
11. The proposed amendments, therefore, suggest removing overtime from the Regulations; as
such, there will be no statutory entitlement to overtime pay. However, the Regulations will continue to include maximum weekly working hours of 48 hours per 7-day period, which may be waived if the employer has obtained the employee's consent in writing. Additionally, an employment contract or internal policy may allow for employee entitlements to overtime pay. Adoption Entitlements and Maternity Pay
12. The Regulations currently entitle female employees to maternity leave if they are adopting a
child of less than 3 months old. However, the Regulations are silent on time off in the event of an adoption for fathers. Furthermore, the Regulations entitle female employees to take paid time off to attend ante-natal appointments but are silent on adoption proceedings. Additionally, the Regulations do not impose any qualifying service requirement for maternity pay.
13. The proposed amendments allow adopting fathers to take 5 business days paid paternity
leave within two months of the child being adopted. Furthermore, adopting parents can take reasonable paid time off to attend adoption appointments, subject to providing relevant Q4: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED DEFINITION OF PART TIME EMPLOYEES? Q5: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED CALCULATION FOR PART TIME EMPLOYEE ENTITLEMENTS? Q6: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED REMOVAL OF OVERTIME CALCULATIONS?
Consultation Paper No. 6 of 2024 evidence of the same. The proposed amendments also increase the age cut-off in the case of adopted children; as such, the proposed adoption entitlements will now apply to parents adopting any child of less than 6 months old rather than the previous cut-off of 3 months old.
14. The proposed amendments suggest including a qualifying service requirement of 12 months
before a female employee is entitled to maternity pay.
Nursing Breaks
15. The Regulations do not currently provide for nursing breaks. The provision of nursing breaks
is a family friendly initiative that permits female employees to return to the workplace earlier than they otherwise may be able to after having a child.
16. Therefore, the proposed amendments entitle female employees to at least one paid nursing
break per day of not less than 1 hour in aggregate, for 9 months from the date of delivery. Bereavement Leave
17. The Regulations do not currently provide for bereavement leave.
18. Under the proposed amendments, employees will be entitled to 5 working days’ paid leave in
the event of the death of a spouse, parent, child (including adopted children) or sibling, subject to any reasonable evidential requirements requested by the employer. General Duties of Employees
19. The Regulations state that an employee has a duty at work to comply with the health and
safety instructions of the employer, among other duties.
20. The proposed amendments expand on the duties an employee has towards the employer
during the course of employment, such as the duty to take reasonable care of their own health and safety and that of others affected by their conduct whilst at work, to exercise reasonable Q7: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED ADOPTION ENTITLEMENTS? Q8: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED QUALIFYING SERVICE REQUIREMENT FOR MATERNITY PAY? Q9: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED NURSING BREAK ENTITLEMENTS AVAILABLE TO FEMALE EMPLOYEES? Q10: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED BEREAVEMENT LEAVE ENTITLEMENTS?
Consultation Paper No. 6 of 2024 skill and care in the performance of their duties, not to act in a position of conflict of interest, etc. Termination of Absent Employees
21. Situations have arisen where employers face issues with employees suddenly being absent
from work without a valid excuse, and sometimes not returning to work. Consequently, employers are sometimes unaware of what to do, if and when they can terminate the employment, and if and when they can cancel the employee’s visa.
22. Under the proposed amendments, an employer can terminate for cause where an employee
is absent from work without providing a legitimate reason or justification acceptable to the employer.
23. In such cases, the employer is required to serve the employee with a formal notification
informing the employee that the employer will obtain an absconding charge if the employee does not contact the employer within 7 days of the date of the notification. Certificate of Experience
24. The Regulations state that upon termination, the employee may request a written statement
of reasons for dismissal, but the current language does not address the provision of a certificate of experience, which has sometimes been withheld by employers for leverage in negotiations with employees.
25. Under the proposed amendments, upon the termination of the contract of employment and at
the request of the employee, the employer is obliged to provide a certificate of experience within 14 days of the employees’ request, setting out the name of the employer, name of the employee, term of employment, last position held by the employee, and last salary of the employee. Where the employer fails to provide the certificate within the required timeframe or fails to provide a true and accurate certificate, the employer will be liable to pay one months’ worth of wages to the employee. Q12: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROCESS TO TERMINATE AN EMPLOYEE FOR CAUSE DUE TO UNAUTHORISED ABSENCE? Q13: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED OBLIGATION ON EMPLOYERS TO PROVIDE A CERTIFICATE OF EXPERIENCE? Q11: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED EXPANSION OF AN EMPLOYEE’S DUTIES TO THEIR EMPLOYER?
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End of Service Gratuity
26. The Regulations state that an employee is not entitled to any end of service gratuity where
they are terminated for cause, which means that such employee has no financial security available to them until they can secure another job.
27. The proposed amendments provide that end of service gratuity is payable to an employee
regardless of their reason for termination, so that the end of service gratuity payment is more akin to a pension scheme where the employee cannot lose their entitlement to the payment and therefore provides the employee with some form of financial security on termination. Payments on Termination
28. The Regulations state that all wages and other amounts owing to the employee are to be paid
to the employee within 14 days of termination. It is unclear when the 14 days commence or what needs to be included in this payment.
29. The proposed amendments clarify that the 14-day timeframe commences on the effective
date of the termination (i.e., the date on which the employee ceases to be an employee on the employer’s records). Additionally, we are proposing clarifications to the amounts an employer will be required to pay during this period, as well as the penalties applicable to an employer in cases where it owes more than one week’s wages to an employee. Such penalties may be waived by the ADGM Courts in situations where the employee’s unreasonable conduct is the reason behind any delay in receiving payment from the employer, or if any litigation has commenced in the ADGM Courts regarding any amount due to the employee. Discrimination, Harassment and Victimisation
30. The current discrimination provisions in the Regulations do not address victimisation, which
is where an employee is treated differently or unfairly because they have taken action to address discrimination.
31. The proposed amendments would prohibit an employer from subjecting an employee to a
detriment or dismissing the employee because the employee had done a ‘protected act’ or the employer believes that the employee may do a protected act. A ‘protected act’ would cover bringing proceedings under the discrimination legislation, giving evidence or information in connection with the proceedings under the discrimination legislation, doing any other thing for Q14: DO YOU AGREE WITH PROVIDING END OF SERVICE GRATUITY TO AN EMPLOYEE WHO HAS BEEN TERMINATED FOR CAUSE? Q15: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PAYMENTS UPON TERMINATION?
Consultation Paper No. 6 of 2024 the purpose of or in connection with the discrimination legislation or alleging that the employer or another person had contravened the discrimination legislation. Vicarious Liability
32. Vicarious liability is a common law principle rather than a statutory position, and as such it is
not explicitly mentioned in the Regulations. The issue with the current position is the lack of clarity with respect to common law principles. As such, employers (and employees) may not know that an employer may be held liable for the act of an employee.
33. The proposed amendments provide that an employer would be liable for any act, attempted
act, or omission of an employee done in the course of their employment where the act, attempted act, or omission leading to a claim is sufficiently connected with the employee’s employment, such that it is reasonable to hold the employer vicariously liable, including where the claim is in relation to discrimination, harassment, or victimisation, where the employer is unable to show it took such steps as were reasonably practicable to prevent the employee from carrying out the act, attempted act, or omission. Obtaining and Cancelling Visas
34. The Regulations state that the employer is responsible for obtaining, maintaining, and paying
the cost of the employees’ work permits, and as applicable, residency visa and identity card. However, it does not address the timing of this nor the timing of cancellation of such permits and visas. Employers sometimes fail to cancel an employee’s visa on termination, which stops the employee from being able to take up new employment.
35. The proposed amendments clarify that the employee’s work permit and UAE identity card
must be obtained before an employee can commence work in the ADGM and that the employer must cancel the visa within the time frame stipulated by the relevant mainland authority. Furthermore, the proposed amendments clarify that employers must not cancel an employee’s visa without the employee’s consent if the employee has filed a case against them in the ADGM Court or while a case is ongoing.
36. The proposed amendments further clarify that an employer must not make the cancellation of
an employee’s visa conditional on the employee waiving any rights or making any payments to the employer. Visa Costs
37. The Regulations provide that an employer may not request, demand or accept any sum from
an employee as reimbursement of costs incurred by the employer in obtaining or maintaining Q16: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED ENHANCEMENTS TO THE DISCRIMINTATION AND VICTIMISATION PROVISIONS?
Consultation Paper No. 6 of 2024 the employee’s visa or UAE identity card. However, it has been observed that employers often ask employees to meet their own visa cancellation costs, as cancellation is not explicitly addressed in the Regulations. It has also been observed that once an employment relationship is terminated, particularly during probation, an employer would require the employee to reimburse them for visa costs, in addition to bearing the costs of cancellation.
38. The proposed amendments extend the current position to explicitly cover visa cancellation
costs, including when the visa is cancelled in absconding cases.
Procedural Requirements
39. The proposed amendments include procedural formalities should the RA propose to take
action against an employer for any contraventions of an employer’s obligations and responsibilities under the Regulations.
40. The RA is further considering whether a statute of limitation of one year should be introduced
in the Regulations for bringing employment claims before the ADGM Courts.
Q17: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED CLARIFICATIONS REGARDING OBTAINING OR CANCELLING WORK VISAS AND WORK PERMITS? Q18: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED CLARIFICATIONS REGARDING VISA CANCELLATION COSTS? Q19: DO YOU HAVE ANY BROADER FEEDBACK ON THE PROPOSED AMENDMENTS THAT IS NOT COVERED BY THE QUESTIONS SET OUT ABOVE?
Consultation Paper No. 6 of 2024
Regulations
Annex A Proposed Employment Regulations 2024
Annex B Proposed Employment Regulations 2024 (editorial blackline)
Proposed Amendments and Enactments
EMPLOYMENT REGULATIONS 2024
Section Page
PART 1: HIRING EMPLOYEES 4
1 No waiver 4
2 No false representations 4
3 Hiring children and youth 5
4 Visa and permits 5
5 Right to a written contract 6
6 Amendments to the Employment Contract 7
7 Right to a pay statement 7
8 Short‐term employment 7
9 Probation 7
10 Employment records 8
PART 2: PART-TIME EMPLOYEES AND REMOTE EMPLOYEES 8
11 Pro-rata entitlements for Part-Time Employees 8 12 Remote Employees 9
PART 3: PROTECTION OF WAGES 9
13 Pay Period 9
14 No unauthorised deductions 9
PART 4: WORKING TIME AND LEAVE 10
15 Maximum weekly working time 10
16 Excessive hours 10
17 Reduced hours during Ramadan 10
18 Daily rest 10
19 Weekly rest period 10
20 Breaks 10
21 Vacation Leave 11
22 Compensation in lieu of Vacation Leave 11
23 Dates on which leave is taken 11
24 Leave during the first year of employment 11 25 Entitlements under other provisions 12 26 Entitlement to National Holidays 12 27 Special leave 12 28 Bereavement leave 12 29 Sick leave 12 30 Sick pay 13 31 Termination for excessive sick leave 13 32 National and Reserve Service 13
PART 5: PARENTAL RIGHTS 13
33 Maternity Leave 13
34 Maternity Pay 14
35 Paternity Leave and pay 14
PART 6: ANTE-NATAL CARE 15
36 Right to time off for ante-natal care and adoption proceedings 15 37 Right to remuneration for time off under section 36 15
PART 7: EMPLOYER'S OBLIGATIONS 15
38 General duties of Employers to their Employees 15 39 Health and safety duties 15 40 Ventilation 16 41 Temperature in indoor workplaces 16 42 Lighting 16 43 Cleanliness 16
44 Room dimensions and space 16
45 Workstations and seating 16
46 Sanitary conveniences 16
47 Drinking water 16
48 No penalties for preventing health and safety risks 16 49 Work-related injury and illness 17 50 Health insurance 17 51 Liability of Employer for Employee conduct 17 52 Contraventions 18
PART 8: EMPLOYEE'S OBLIGATIONS 18
53 General duties of Employees 18
PART 9: NON‐DISCRIMINATION AND VICTIMISATION 19
54 Discrimination 19
55 Victimisation 21
PART 10: PROTECTED DISCLOSURES 22
56 Retaliation by Employer 22
PART 11: TERMINATION OF EMPLOYMENT 23
57 Rights of Employer and Employee to minimum notice 23 58 Termination for cause 23 59 Right to written statement of reasons for dismissal 24 60 Right to certificate of experience 24 61 Pension for UAE and GCC nationals 24 62 End-of-service gratuity 25 63 Repatriation Flight 25 64 Late Payment 26
PART 12: SANCTIONS AND PROCEDURAL REQUIREMENTS 26
65 Procedures and Powers of the Registrar 26
66 Warning Notices 27
67 Decision Notices 27
68 Right to refer matters to the ADGM Courts 28 69 Access to Material 28 70 Protected Items 29 71 Publication 29
PART 13: GENERAL 30
72 Rule‐making power of the Board and the Registrar 30 73 Administration of the Regulations 30 74 Court Declaration and compensation 30 75 Fees Payable to the Registrar 30 76 Interpretation 31 77 Short title, extent and commencement 33
EMPLOYMENT REGULATIONS 2024
Regulations to provide for minimum employment standards for Employees, promote a fair balance of rights and obligations between Employees and Employers and foster employment practices that will contribute to the prosperity of the Abu Dhabi Global Market. Date of Enactment: [TBC] The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013, as amended, concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:‐
PART 1: HIRING EMPLOYEES
1 No waiver
1.1 The requirements of these Regulations are minimum requirements and, subject to
subsection 1.2, a provision in an agreement to waive or exclude any of those requirements, except where expressly permitted under these Regulations, shall be void.
1.2 Subsection 1.1 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 be signed by both the Employer and Employee; (c) such agreement can only waive claims or potential claims which may exist as of the date the Employee signs the agreement and cannot encompass future claims so long as the agreement is signed whilst the Employee is employed by the employing entity with whom they are signing the agreement; and (d) valid consideration must be provided to the relevant party waiving such claims by the other party.
1.3 Nothing in these Regulations precludes an Employer from providing in any
Employment Contract, terms and conditions of employment that are more favourable to the Employee than those required by these Regulations. 2 No false representations
2.1 An 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.
2.2 An Employer who contravenes this section 2 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
3 Hiring children and youth
3.1 An Employer shall not employ a child who is under 15 years of age.
3.2 An Employer may employ youth between 15 and 18 years of age subject to rules
made by the Board.
3.3 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.
3.4 An Employer who contravenes this section 3 shall be liable for a fine not exceeding
level 8 on the Standard Fines Scale.
4 Visa and permits
4.1 Where required, the Employer shall be responsible for obtaining, maintaining and
paying the cost of the:
(a) Employee Work Permit;
(b) Employee’s Employer Sponsored Residency Visa, if applicable; and (c) Employee’s UAE identity card, if applicable.
4.2 Except in case of Fully Remote Employees, the Employer must have obtained, or
have applied for, an Employee Work Permit for the Employee before the Employee can commence work for the Employer.
4.3 The Employer:
(a) must not request, demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of its obligations in this section 4; (b) must cancel the Employee Work Permit and the Employer Sponsored Residency Visa as soon as reasonably practicable following the Termination Date and in any event within the time frame set by the Competent Body; (c) must not cancel the Employee Work Permit and the Employer Sponsored Residency Visa without the Employee’s prior written consent where the Employee has a pending claim against the Employer with the Court; (d) must not request, demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of cancelling the Employer Sponsored Residency Visa, including where the cancellation is a result of the Employee absconding; and
(e) must not make the cancellation of the Employer Sponsored Residency Visa conditional on the Employee waiving any rights under these Regulations or making any payment to the Employer.
4.4 An Employer who contravenes this section 4 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
5 Right to a written contract
5.1 An Employee may only be employed pursuant to a written Employment Contract
which must be written in English and signed by both the Employer and the Employee.
5.2 The Employer shall provide the Employee with a copy of the written Employment
Contract that has been signed by both the Employer and the Employee as soon as reasonably practicable but in any event no later than 1 month after the Employee’s commencement of the employment.
5.3 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 Employment Contract before signing it.
5.4 The Employment Contract 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 title of the Employee’s job or a brief description of the Employee’s work; (d) the Employee’s Wages; (e) the applicable Pay Period; (f) any terms and conditions relating to - (i) hours or days of work; (ii) Vacation Leave and Vacation Pay, National Holidays and pay for such National Holidays; and (iii) sick leave and sick pay; (g) the length of notice that the Employee and the Employer are obliged to give and are entitled to receive to terminate the employment; (h) where the employment is not intended to be for an indefinite duration, the period for which it is expected to continue or the date when it is to end; (i) the place of work, or where the Employee is a Fully Remote Employee, the Employment Contract must specify this; (j) any disciplinary rules and/or grievance procedures applicable to the Employee; (k) confirmation that it is governed by the laws of the Abu Dhabi Global Market;
(l) confirmation that any disputes arising out of the Employment Contract shall be subject to the jurisdiction of the Court; and (m) any other matter that may be prescribed by rules made by the Board.
5.5 An Employer who contravenes this section 5 shall be liable for a fine not exceeding
level 3 on the Standard Fines Scale.
6 Amendments to the Employment Contract
6.1 Any amendments to the Employment Contract must be in writing and signed by both
the Employer and the Employee.
7 Right to a pay statement
7.1 An Employer shall give to an Employee on or around the date on which the Employee
is paid their Wages a written pay statement that includes – (a) the amount of the Wages payable; and (b) the amount of any deductions from that amount and the purposes for which they are made.
7.2 An Employer satisfies the requirement in subsection 7.1 if it provides electronic
access to the pay statement and the Employee may print such statement.
7.3 An Employer who contravenes this section 7 shall be liable for a fine not exceeding
level 3 on the Standard Fines Scale.
8 Short‐term employment
8.1 Sections 9, 27, 29, 30, 31, 33, 34, 35, 36, 37, 61, 62 and 63 do not apply to an
Employee if their employment with the Employer is for 30 Days or less. 9 Probation
9.1 The Employer may subject the Employee to a probationary period provided that such
period does not exceed 6 months and is specified in the Employment Contract.
9.2 During the probationary period:
(a) subject to the Employer’s approval, the Employee is entitled to take leave in accordance with sections 21 and 24; (b) the Employee is entitled to sick pay for one Business Day of sick leave each month; (c) sections 29, 30, 33, 35, 36, 37, 57, 59, 60 and 62 do not apply to the Employee; (d) either the Employer or the Employee may terminate the Employment Contract without cause by giving the other no less than 1 week’s written notice; (e) either the Employer or the Employee may terminate the Employment Contract immediately for cause in accordance with section 58; and
(f) if the Employee’s employment is terminated whether by the Employer or the Employee, the Employer is required to provide the Employee with a one-way repatriation flight in accordance with section 63. 10 Employment records
10.1 For each Employee, the Employer shall keep records of the following information –
(a) a copy of the Employee’s Employment Contract; (b) a copy of the Employee’s passport, occupation, telephone number and contact address; (c) the date of commencement of the Employee’s employment with the Employer; (d) the Employee’s Wages (gross and net, where applicable), and the applicable Pay Period; (e) the benefits provided to the Employee by the Employer; (f) each deduction made from the Employee’s Wages and the reason for it; (g) the dates of the Vacation Leave taken by the Employee; (h) any sick leave taken and sick pay paid to an Employee; and (i) the amount of any end‐of‐service gratuity payment and any other severance payment paid to the Employee on termination of the employment.
10.2 Records prescribed in subsection 10.1 shall be –
(a) in English;
(b) accessible at the Employer’s principal place of business in the Abu Dhabi Global Market; and (c) retained by the Employer in accordance with the ADGM Data Protection Regulations 2021.
10.3 Records prescribed in subsection 10.1 may be retained in electronic format.
10.4 An Employer who contravenes this section 10 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
PART 2: PART-TIME EMPLOYEES AND REMOTE EMPLOYEES
11 Pro-rata entitlements for Part-Time Employees
11.1 If a Part-Time Employee’s Employment Contract provides for the Part-Time
Employee to work every day of the Employer’s working week, the Part-Time Employee’s:
(a) entitlements under sections 21, 27, 29, 33, 35.1, 36, 37 and 62; and (b) the right of the Employer to terminate under section 31,
shall not be pro-rated.
11.2 If a Part-Time Employee’s Employment Contract stipulates less than 5 working days
per week, the Part-Time Employee’s entitlements shall be pro-rated as follows:
(a) the Days worked by the Part-Time Employee during the working week as stated in their Employment Contract shall be calculated as a percentage of the number of Days worked by the Employer’s full time Employees; and (b) the percentage derived from the calculation in subsection 11.2(a) shall be applied to:
(i) the entitlements under sections 21, 27, 29, 33, 35.1, 36, 37 and 62; and (ii) the right of the Employer to terminate under section 31. 12 Remote Employees
12.1 Where the Employer and Employee have agreed that an Employee can work
remotely, either as a Fully Remote Employee or as part of a hybrid working pattern whereby the Employee regularly works at the Employer’s premises in addition to other locations agreed by the Employer, the Employer shall provide the Employee with and maintain the technical equipment which is necessary for the Employee to carry out the remote work through the use of electronic systems, unless the Employer and Employee agree otherwise.
12.2 For UAE Fully Remote Employees:
(a) sections 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 of these Regulations shall not apply; and (b) the Employer shall comply with section 4.
12.3 For Overseas Fully Remote Employees, sections 4.1(b) and (c), 39, 40, 41, 42, 43,
44, 45, 46, 47, 48 and 50 of these Regulations shall not apply.
PART 3: PROTECTION OF WAGES
13 Pay Period
13.1 The Employer must pay the Employee the agreed Wages.
13.2 The Pay Period during which the Employee’s Wages are paid shall not exceed 1
month and the Wages must be paid within 7 Days of the end of the relevant Pay Period. 14 No unauthorised deductions
14.1 An Employer shall not deduct from an Employee’s Wages or accept a payment from
an Employee unless:
(a) the deduction or payment is required or authorised under legislation that is applicable in the Abu Dhabi Global Market or the Employee’s Employment Contract;
(b) the Employee has agreed in writing to the deduction or payment; (c) the deduction or payment is a reimbursement for an overpayment; or (d) the deduction or payment has been ordered by the Court.
PART 4: WORKING TIME AND LEAVE
15 Maximum weekly working time
15.1 An Employee’s working time shall not exceed 48 hours in a 7 day period unless the
Employer has first obtained the Employee’s consent in writing.
15.2 An Employer who fails to comply with this section 15 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
16 Excessive hours
16.1 Notwithstanding any provision of this Part, an Employer shall not require or allow,
directly or indirectly, an Employee to work hours which are detrimental to the Employee's health or safety.
16.2 An Employer who fails to comply with this section 16 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
17 Reduced hours during Ramadan
17.1 During the Holy month of Ramadan, all Muslim Employees shall have their normal
working hours reduced by 2 hours each day. There shall be no reduction in compensation as a result.
17.2 An Employer who fails to comply with this section 17 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
18 Daily rest
18.1 An Employee is entitled to a rest period of not less than 11 consecutive hours in each
24 hour period.
19 Weekly rest period
19.1 Except where otherwise provided in rules made by the Board, an Employee is
entitled to an uninterrupted rest period of not less than 24 hours in each 7 Day period. 20 Breaks
20.1 Where an Employee's daily working time is more than 6 hours, the Employee is
entitled to rest and prayer breaks of not less than 1 hour in aggregate during the work day. The rest and prayer breaks may be spent away from the Employee's workstation.
20.2 Where on her return from Maternity Leave an Employee’s daily working time is more
than 6 hours, the Employee is entitled to at least 1 nursing break of not less than 1 hour in aggregate during the work day. The nursing break shall be in addition to the
rest break referred to in subsection 20.1 and shall continue for 9 months after the Employee’s actual date of childbirth. 21 Vacation Leave
21.1 An Employee is entitled to minimum paid Vacation Leave of 20 Business Days per
year of employment.
21.2 An Employee is entitled to carry forward accrued but untaken Vacation Leave of up
to a maximum of 10 Business Days into the next year for a maximum period of 12 months after which the unused Vacation Leave shall expire.
21.3 Vacation Leave shall be taken in periods of 1 or more days and as agreed between
the Employer and Employee.
21.4 Vacation Leave is exclusive of National Holidays to which an Employee is entitled.
21.5 An Employee is not entitled to a payment in lieu of Vacation Leave earned except
where –
(a) the Employee's employment is terminated; or (b) the Employer and Employee agree otherwise. 22 Compensation in lieu of Vacation Leave
22.1 Where an Employee's employment is terminated, the Employer shall pay the Employee
in lieu of Vacation Leave accrued but not taken by the Employee. In the event that the Employee has taken more Vacation Leave than they have accrued at the Termination Date, the Employer may deduct an amount calculated in accordance with subsection
22.2 from any payments due to the Employee on the Termination Date.
22.2 Compensation in lieu of Vacation Leave shall be calculated using the Employee's
Daily Wage at the Termination Date.
23 Dates on which leave is taken
23.1 Subject to subsection 23.2, an Employer must consent to the dates on which
Vacation Leave is to be taken, with such consent not to be unreasonably withheld.
23.2 The Employer may require an Employee to take Vacation Leave on specified days
by giving at least 7 Days' prior written notice to the Employee.
24 Leave during the first year of employment
24.1 During the first year of employment, the amount of Vacation Leave an Employee
may take at any time is limited to the amount of Vacation Leave accrued by the Employee at the time of taking the Vacation Leave.
24.2 Vacation Leave accrues during the Employee's first year of employment on a
monthly basis at the rate of one‐twelfth of the Employee’s annual entitlement to Vacation Leave.
25 Entitlements under other provisions
25.1 Subject to subsections 33.4, 34.3 and 35.4, where an Employee is entitled to a rest
period, rest break, Vacation Leave, Maternity Leave or Paternity Leave under both these Regulations and an Employment Contract, the Employee may elect to take the more favourable provisions but not both. 26 Entitlement to National Holidays
26.1 An Employee is entitled to leave on National Holidays that are announced in the UAE
for the relevant sector which fall on a Business Day.
26.2 An Employee is entitled to be paid their Daily Wage for National Holidays under
subsection 26.1.
26.3 If an Employee agrees to work on a National Holiday, in addition to their Daily Wage,
the Employer must provide the Employee with either – (a) a day of leave in lieu of each day worked; (b) payment of an amount equal to the Employee’s Daily Wage for each day worked on a National Holiday; or (c) payment of a pro‐rated amount of the Employee’s Daily Wage according to the period of time worked during the National Holiday. 27 Special leave
27.1 A Muslim Employee with at least 1 year of continuous employment with the Employer
shall be entitled to special leave not exceeding 30 Days without pay to perform the Haj pilgrimage once during their employment with the Employer. 28 Bereavement leave
28.1 An Employee shall be entitled to bereavement leave of 5 Business Days, with
payment of their Daily Wage, on the death of an Employee’s spouse, parent, child (including an adopted child) or sibling, subject to the Employee satisfying any evidential requirements reasonably requested by the Employer. 29 Sick leave
29.1 An Employee is entitled to sick leave not exceeding 60 Business Days in aggregate
in any 12 month period.
29.2 An Employee who takes sick leave under this section shall personally or have
someone on their behalf as soon as reasonably practicable – (a) on the first day of absence, notify the Employer of their absence due to sickness; and (b) if required by the Employer, provide a sick certificate from a UAE registered medical practitioner covering the entire period of absence.
29.3 An Employer who would otherwise be liable to pay sick pay to an Employee, is
entitled to withhold the sick pay if the Employee fails to comply with subsection 29.2. 30 Sick pay
30.1 Subject to subsection 29.2, an Employer shall pay an Employee sick pay as follows:
(a) 100% of the Employee’s Daily Wage for the first 10 Business Days of sick leave taken in 12 month period; (b) 50% of the Employee’s Daily Wage for the next 20 Business Days of sick leave taken in the same 12 month period; and (c) the remaining 30 Business Days shall be unpaid. This section 30 refers to either consecutive or non‐consecutive Business Days. 31 Termination for excessive sick leave
31.1 Where an Employee takes more than an aggregate of 60 Business Days of sick leave
in any 12 month period, the Employer may terminate the employment with immediate effect upon written notice to the Employee.
31.2 Subsection 31.1 does not apply where an Employee takes sick leave on account of
a Disability.
32 National and Reserve Service
32.1 Federal Law No. 6 of 2014 Concerning the National and Reserve Service, as
amended from time to time, and its executive regulations, resolutions and directives shall apply in the Abu Dhabi Global Market.
PART 5: PARENTAL RIGHTS
33 Maternity Leave
33.1 A female Employee shall be entitled to Maternity Leave of 65 Business Days.
33.2 An Employee shall be entitled to Maternity Pay in accordance with section 34 during
Maternity Leave if she –
(a) will have been continuously employed with her Employer for at least 12 months preceding the expected or actual week of childbirth; (b) notifies her Employer in writing that she is pregnant at least 8 weeks before the expected week of childbirth; (c) provides a medical practitioner's certificate stating the expected or actual birth date, if requested by the Employer; and (d) notifies her Employer in writing at least 21 Days before the date on which the Employee proposes to begin her Maternity Leave.
33.3 The maternity rights granted under sections 33 and 34 also apply to a female
Employee who is adopting a child of less than 6 months old and, in such case, references to childbirth are treated as references to the date of adoption.
33.4 Vacation Leave shall continue to accrue during Maternity Leave and may be taken
separately.
33.5 A female Employee has the right to return to work at the end of Maternity Leave
granted under section 33 to the same role or a suitable alternative on the same terms and conditions and with the same seniority rights she would have had if she had not taken Maternity Leave. 34 Maternity Pay
34.1 An Employer shall pay Maternity Pay at –
(a) the Employee's Daily Wage for the first 33 Business Days of Maternity Leave; and (b) 50 per cent of the Employee's Daily Wage for the next 32 Business Days of Maternity Leave.
34.2 An Employee is not entitled to receive a payment in lieu of Maternity Leave.
34.3 Any National Holidays falling on a Business Day during Maternity Leave shall be
treated as additional leave thereby having the effect of extending the Maternity Leave by the period of the National Holiday.
34.4 If the Employee’s employment terminates during Maternity Leave, the Employer
must pay the Employee Maternity Pay which she would have received had her employment continued until the end of her Maternity Leave. 35 Paternity Leave and pay
35.1 A male Employee who becomes a father to:
(a) a newly‐born child; or
(b) an adopted child of less than 6 months old, shall be entitled to a minimum Paternity Leave entitlement of 5 Business Days to be taken within 2 months of the date of childbirth or the date of adoption subject to the Employee satisfying any evidential requirements reasonably requested by the Employer.
35.2 During Paternity Leave, an Employee shall be entitled to receive their Daily Wage.
35.3 The Employee is not entitled to receive a payment in lieu of Paternity Leave.
35.4 Any National Holidays falling on a Business Day during the Paternity Leave period
shall be treated as additional leave thereby having the effect of extending the Paternity Leave by the period of the National Holiday.
PART 6: ANTE-NATAL CARE
36 Right to time off for ante-natal care and adoption proceedings
36.1 Subject to the Employee’s compliance with subsection 36.2, an Employee who –
(a) is pregnant or whose wife is pregnant; and (b) has, or whose wife has, on the advice of a registered medical practitioner made an appointment to receive ante‐natal care, is entitled to take reasonable time off during the Employee's working hours in order to attend the appointment.
36.2 The Employee must provide their Employer with –
(a) reasonable notice of the ante-natal appointment; (b) a medical practitioner's certificate confirming the pregnancy, if requested by the Employer; and (c) evidence of the ante-natal appointment, if requested by the Employer.
36.3 An Employee who is applying to adopt a child is entitled to take reasonable time off
work to attend adoption proceedings, subject to:
(a) giving the Employer reasonable notice of the adoption proceedings; and (b) satisfying any evidential requirements reasonably requested by the Employer. 37 Right to remuneration for time off under section 36
37.1 An Employee is entitled to be paid their normal Hourly Rate for any time-off taken
under section 36.
PART 7: EMPLOYER'S OBLIGATIONS
38 General duties of Employers to their Employees
38.1 An Employer has a duty to ensure, as far as is reasonably practicable, the health,
safety and welfare at work of all its Employees.
38.2 An Employer shall provide and maintain a workplace that is free of discrimination,
harassment and victimisation and is safe and without risks to an Employee's health. 39 Health and safety duties
39.1 Without limiting the generality of an Employer's duty under section 38, every
Employer has a duty, as far as is reasonably practicable, to – (a) ensure adequate systems are in place that minimize risks to health concerning fire hazards and the use, handling, storage and transport of dangerous articles and substances;
(b) provide information, instruction, training and supervision to Employees, in English or, if necessary, another language understood by the Employees, to ensure their health and safety at work; (c) inform each Employee in writing at the time of recruitment of the dangers, if any, connected with the employment and of the protective measures the Employee shall take; (d) provide and maintain adequate and safe access to, and from, the workplace; and (e) provide any other facilities or meet any other requirements as prescribed in any rules made by the Board. 40 Ventilation
40.1 An Employer shall ensure that every enclosed workplace is ventilated by a sufficient
quantity of fresh or purified air.
41 Temperature in indoor workplaces
41.1 An Employer shall ensure that, during working hours, the temperature in all
workplaces inside buildings shall be reasonable.
42 Lighting
42.1 An Employer shall ensure that its workplace has suitable and sufficient lighting.
43 Cleanliness
43.1 An Employer shall keep its workplace and its furniture, furnishings and fittings clean.
44 Room dimensions and space
44.1 An Employer shall ensure that every room where persons work has sufficient floor
area, height and unoccupied space for purposes of health, safety and welfare. 45 Workstations and seating
45.1 An Employer shall ensure that workstations are suitable for Employees and the
nature of the work required to be done at the workstation.
46 Sanitary conveniences
46.1 An Employer shall provide suitable and adequate sanitary conveniences at readily
accessible places in the workplace.
47 Drinking water
47.1 An Employer shall provide an adequate supply of wholesome drinking water for all
Employees in the workplace.
48 No penalties for preventing health and safety risks
48.1 An Employer shall not dismiss or otherwise penalise, directly or indirectly, any
Employee for –
(a) carrying out activities that prevent or reduce risks to health and safety in the workplace where the Employee has been specifically designated to do so; or (b) taking reasonable steps to avert serious and imminent danger and for refusing to return to the place of danger until the danger no longer exists.
48.2 Where an Employer dismisses or penalises an Employee in breach of section 48,
the Employer shall be liable to compensate the Employee in such amount as the Court considers just and equitable in all the circumstances. 49 Work-related injury and illness
49.1 The Employer shall immediately obtain, at the Employer's expense if such expense
is not covered by the Employee’s health insurance, adequate medical assistance for any Employee who suffers an injury as a result of an accident or illness arising out of or in the course of their employment.
49.2 Where an Employee sustains an injury or illness arising out of or in the course of
their employment, and the Employee can show that such accident or illness arose as a result of the Employer’s negligence or actions, the Employer shall be liable to compensate the Employee in accordance with Schedule 1 to these Regulations and shall be liable to a fine not exceeding level 8 on the Standard Fines Scale.
49.3 Where an Employee dies as a result of an accident or illness arising out of or in the
course of their employment, and the Employee’s estate can show that such accident or illness arose as a result of the Employer’s negligence or actions, the Employer shall pay compensation to the Employee’s estate equal to no less than 24 months' Wages calculated on the basis of the last monthly wage the Employee was paid before their death.
49.4 Where an Employer has failed to pay to the Employee’s named dependants the sum
(or the full sum) due under subsection 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 subsection 49.3 (or, where the Employer has paid a sum which is less than the full sum due under subsection 49.3, a sum equal to the difference between the sum paid by the Employer and the full sum due under subsection 49.3). 50 Health insurance
50.1 An Employer is required to obtain and maintain health insurance cover for its
Employees and the Employee’s dependents in accordance with the requirements of the relevant Competent Body. 51 Liability of Employer for Employee conduct
51.1 Subject to subsection 51.2, an Employer may be liable for any act, attempted act or
omission of an Employee done in the course of their employment with the Employer.
51.2 An Employer will only be vicariously liable in accordance with subsection 51.1:
(a) where there is a claim for loss, damages or compensation, if the act, attempted act or omission to which the claim relates is sufficiently connected with an
Employee’s employment that it would be fair and just to hold the Employer vicariously liable and the Employer is unable to show that it took all reasonable steps to prevent an Employee from carrying out that act, attempted act or omission; and (b) in the case of discrimination, harassment or victimisation, if the Employer is unable to show that it took all reasonable steps to prevent an Employee from carrying out that act, attempted act or omission. 52 Contraventions
52.1 Where an Employer fails to comply with Part 7, the Employer shall be liable to a fine
not exceeding level 4 on the Standard Fines Scale in each case, unless expressly stated otherwise under the relevant section.
PART 8: EMPLOYEE'S OBLIGATIONS
53 General duties of Employees
53.1 Employees shall, except as and to the extent specified in the Employment Contract,
during the 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 and to take reasonable care of the Employee's own health and safety and that of other persons who may be affected by the Employee's conduct whilst at work; (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 offer, promise, give, accept or solicit any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly; (f) not hold themselves in a position which may create a conflict of interest between the Employee and the Employer; (g) serve the Employer faithfully and not compete with or disrupt the business of the Employer; and
(h) not disclose to any third party any confidential information of the Employer to any third party, unless such disclosure is made with the consent of the Employer, compelled by a competent court or required or permitted by applicable law or regulation.
PART 9: NON‐DISCRIMINATION AND VICTIMISATION
54 Discrimination
54.1 An Employer must not discriminate against an Employee regarding employment or
any term or condition of employment on the grounds of the Employee's – (a) gender; (b) marital status; (c) pregnancy and maternity; (d) race; (e) nationality; (f) religion; (g) age; and/or (h) Disability.
54.2 Discrimination for the purposes of subsection 54.1 means where –
(a) an Employee is treated less favourably than others would be treated in the same circumstances, or put at a disadvantage not faced by others, because of a prohibited ground in subsection 54.1; (b) a provision, criterion or practice is applied to an Employee which is discriminatory in relation to one of the prohibited grounds in subsection 54.1; or (c) an Employee is subjected to unwanted treatment or conduct related to one of the prohibited grounds in subsection 54.1 which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive workplace for the Employee or violates an Employee’s dignity.
54.3 For the purposes of subsection 54.2(b), a provision, criterion or practice is
discriminatory in relation to any of the prohibited grounds specified in subsection 54.1 if – (a) an Employer applies, or would apply it, to persons who do not share the characteristics of such Employee; (b) it puts, or would put, persons with whom the Employee shares the characteristic at a particular disadvantage when compared with persons with whom the Employee does not share it; (c) it puts, or would put, the Employee at that disadvantage; and
(d) the Employer cannot show it to be a proportionate means of achieving a legitimate aim.
54.4 An Employer may apply a bona‐fide occupational requirement to subsections 54.2(a)
and (b). A bona‐fide occupational requirement is a requirement reasonably necessary for the normal performance of a particular role or occupation.
54.5 For the purposes of this section 54, an Employer discriminates against an Employee
with a Disability if a physical feature of the workplace or an applicable provision, criterion or practice puts the disabled Employee at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, and the Employer fails to take reasonable steps to overcome the disadvantage.
54.6 For the purposes of this section 54, an Employer shall not be liable for discrimination
on grounds of age in relation to the provision of any benefits, facilities or services insofar as that disadvantage is because Employee (“A”) has a shorter length of service than another Employee (“B”) of a different age, provided that – (a) A has continuous service with the Employer of 5 years or less; or (b) the Employer can show that the provision of the relevant benefits, facilities or services are a proportionate means of achieving a legitimate aim.
54.7 No provision in this Part 9 precludes any law, program or activity that has as its object
the amelioration of conditions of disadvantaged individuals or groups, including those that are disadvantaged because of Disability.
54.8 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 suffered 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 order the Employer to 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 order within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the Standard Fines Scale.
55 Victimisation
55.1 An Employer must not victimize an Employee.
55.2 An Employer victimizes an Employee if it subjects the Employee to a detriment,
including dismissal, because:
(a) the Employee does a protected act; or
(b) the Employer believes the Employee has done, or may do, a protected act.
55.3 Each of the following is a protected act:
(a) bringing proceedings under this Part 9;
(b) giving evidence or information in connection with proceedings under this Part 9; (c) doing any other thing for the purposes of or in connection with this Part 9; or (d) making an allegation (whether or not express) that the Employer or another person has contravened this Part 9.
55.4 Giving false evidence or information, or making a false allegation, is not a protected
act under subsection 55.3 if the evidence or information given or the allegation made is not in good faith.
55.5 Where an Employer victimises an Employee contrary to section 55, 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 55;
(ii) any injury to feelings suffered 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 order the Employer to 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 order within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the Standard Fines Scale.
PART 10: PROTECTED DISCLOSURES
56 Retaliation by Employer
56.1 In this section a Protected Disclosure has the meaning set forth in section 4(1) of the
Whistleblower Protection Regulations 2024.
56.2 An Employee shall not be in breach of section 53.1(h) of these Regulations for
making a Protected Disclosure.
56.3 An Employer shall not subject an Employee to any civil or contractual liability for
making a Protected Disclosure. An Employer shall not enforce any contractual, civil or other remedy against an Employee for making a Protected Disclosure.
56.4 An Employer and any related party of the Employer must not retaliate, or threaten to
retaliate, against an Employee because the Employee intends to make or has made a Protected Disclosure.
56.5 Retaliation includes, but is not limited to:
(a) dismissing the Employee;
(b) retiring the employee, or requiring or causing the Employee to retire or resign; (c) refusing or omitting to offer or afford to the Employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; (d) otherwise subjecting the Employee to any action which is reasonably likely to cause detriment or disadvantage, whether due to any act or failure to act by the Employer or a related party of the Employer; or (e) organising to do anything described in subsections (a)-(d).
56.6 Where an Employer or any related party of an Employer retaliates or threatens to
retaliate against an Employee in breach of subsection 56.4 the Employee may apply to the Court for a declaration to that effect and the Court:
(a) may 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 56;
(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; and
(b) may order the Employer to 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.
56.7 Where an Employer fails to comply with any order by the Court pursuant to
subsection 56.6 within the period specified it shall be liable to a fine not exceeding level 8 on the Standard Fines Scale and any other sanction available to the Court.
PART 11: TERMINATION OF EMPLOYMENT
57 Rights of Employer and Employee to minimum notice
57.1 An Employer or an Employee may terminate an Employee's employment in
accordance with this section.
57.2 Subject to subsections 57.4 and 57.5, the written notice required to be given by an
Employer or Employee to terminate an Employee's employment, where the Employee has been continuously employed for 1 month or more, shall not be less than – (a) 7 Days if the period of continuous employment is less than 3 months; or (b) 30 Days if the period of continuous employment is 3 months or more.
57.3 This section does not prevent an Employer and Employee from agreeing to a longer
period of notice.
57.4 An Employer may only make a payment in lieu of all or part of an Employee’s notice
period with the Employee’s written consent.
57.5 Subsection 57.2 does not apply where:
(a) either the Employer or Employee terminates the employment for cause in accordance with section 58; (b) the employment of an Employee has been terminated in accordance with
section 31;
(c) the employment of an Employee is terminated in accordance with section 9.2(d); or (d) the Employee is employed under a fixed-term Employment Contract which does not contain a notice period.
57.6 Where the Employer fails to comply with subsection 57.2, the Employer will be liable
to pay to the Employee a sum equal to the Wages and other benefits which the Employee would have received during the outstanding notice period. 58 Termination for cause
58.1 The Employer may terminate an Employee’s employment with immediate effect for
cause due to the Employee’s conduct in circumstances where a reasonable Employer would consider termination with immediate effect to be warranted.
58.2 Where an Employee is terminated for cause due to unauthorised absence from work,
the Employer shall inform the Employee in writing that the Employer will notify the Abu Dhabi Global Market that the Employee has absconded if the Employee does not make contact with the Employer within 7 Days of receiving such notification from the Employer.
58.3 The Employee may terminate their employment without notice for cause where the
Employer has –
(a) committed a crime, the commission of which has a material and detrimental impact on the Employee; (b) committed a repudiatory breach of the Employment Contract; or (c) committed a material contravention these Regulations which has a materially detrimental impact on the Employee.
58.4 Where an Employee terminates the employment for cause in accordance with
subsection 58.3, the Employee shall be entitled to receive a sum equal to the Wages and other benefits which they would have received during their notice period. 59 Right to written statement of reasons for dismissal
59.1 Upon the written request of an Employee, an Employer shall provide the Employee
with a true and accurate written statement of the reasons for the Employee's dismissal within 14 days of receipt of such request.
59.2 Where an Employer fails to comply with section 59.1, the Employer shall pay to the
Employee a sum equal to one month’s Wages.
60 Right to certificate of experience
60.1 Following the termination of an Employee’s employment an Employer shall provide
the Employee with a true and accurate certificate of experience within 14 Days of receiving the Employee’s written request.
60.2 The certificate of experience shall state:
(a) the name of the Employer and the Employee; (b) the Employee’s commencement date and Termination Date; (c) the job title of the last position held by the Employee; and (d) the last Wages of the Employee.
60.3 Where an Employer fails to comply with this section 60, the Employer shall pay to
the Employee a sum equal to one month’s Wages.
61 Pension for UAE and GCC nationals
61.1 Where an Employee is a UAE or GCC National:
(a) the Employer shall enrol them in the relevant UAE or GCC pension scheme in accordance with applicable legislation within 30 Days of the commencement of the Employee’s employment; and (b) they shall not be eligible to receive an end‐of‐service gratuity as prescribed in
section 62 unless such Employee has the written approval of the applicable
pension authority not to participate in the applicable UAE or GCC pension scheme and has provided a copy of that written approval to the Employer prior to the commencement of their employment or as soon as reasonably practicable thereafter. 62 End-of-service gratuity
62.1 An Employee who completes continuous employment of 1 year or more with their
Employer is entitled to an end of service gratuity on the termination of their employment regardless of the reason for termination.
62.2 An Employee’s end of service gratuity shall be calculated as follows –
(a) 21 Days' Basic Wage for each year of the first 5 years of service; and (b) 30 Days' Basic Wage for each additional year of service, provided that the total of the end of service gratuity shall not exceed the equivalent of the Employee’s Wages for 2 years.
62.3 The daily rate of an Employee's Basic Wage shall be calculated by dividing the
Employee’s Basic Wage by three hundred and sixty five and by reference to the Employee’s Basic Wage at the Termination Date.
62.4 The Employer may deduct from the end of service gratuity any amounts owed to the
Employer by the Employee.
62.5 An Employee’s end of service gratuity payment shall be calculated on a pro-rata
basis in respect of any part years of employment.
62.6 Where an Employer has established a pension scheme, the Employer shall give an
Employee the option in writing to choose between participating in the pension scheme or receiving an end of service gratuity payment. The Employee will not be entitled to benefit from both unless otherwise agreed in writing by the Employer.
62.7 Where an Employee has received a document under subsection 62.6, the Employee
shall confirm their choice in writing and submit it to the Employer. 63 Repatriation Flight
63.1 Within one month of the Termination Date, the Employer is required to provide the
Employee with a one-way repatriation flight to the Employee’s country of origin or other country agreed with the Employee unless:
(a) the Employee is an Overseas Fully Remote Employee; (b) the Employee obtains alternative employment or visa sponsorship in the UAE within 30 days of the cancellation of their Employee Work Permit; or
(c) the Employee has been dismissed for cause in accordance with these Regulations. 64 Late Payment
64.1 An Employer shall pay all Wages and any other amounts owing to an Employee,
excluding any Variable Payment, within 14 Days of the Employee’s Termination Date.
64.2 The payment of any Variable Payment may be deferred and subject to other
conditions agreed in writing between the Employee and Employer.
64.3 Subject to subsections 64.4, 64.5 and 64.6, if an Employer fails to comply with
subsection 64.1, the Employer shall pay a penalty to the Employee equal to the Employee’s Daily Wage for each Day that the Employer is in arrears of its payment obligations under subsection 64.1.
64.4 A penalty pursuant to subsection 64.3 will be waived by the Court in respect of any
period during which:
(a) a dispute is pending in the Court regarding any payment due to the Employee under subsection 64.1; or (b) the Employee’s unreasonable conduct is the material cause of the Employee failing to receive the amount due from the Employer;
64.5 A penalty under subsection 64.3 will only be awarded to an Employee if the amount
due and not paid to the Employee in accordance with subjection 64.1 is in excess of the Employee’s Wage for one week.
64.6 Any penalty under subsection 64.3 shall not exceed the Employee’s Daily Wage for
six months.
PART 12: SANCTIONS AND PROCEDURAL REQUIREMENTS
65 Procedures and Powers of the Registrar
65.1 The procedural formalities and protections afforded to an Employer must be
commensurate with the gravity or seriousness of the proposed action.
65.2 If the Registrar considers that an Employer has contravened a relevant requirement
under these Regulations or any subordinate rules, it may take any or all of the following courses of action in relation to the Employer:
(a) issue a private or public censure in relation to such contravention; (b) impose a financial penalty; (c) issue a prohibition order; or (d) enter into an enforceable undertaking.
65.3 In this Part a “relevant requirement” means a requirement with which an Employer
must comply under these Regulations.
66 Warning Notices
66.1 If the Registrar proposes to impose any sanction pursuant to its powers under
subsection 65.2, it must provide a warning notice (a “Warning Notice”) to the Employer (the “Warning Notice Recipient”).
66.2 A Warning Notice must -
(a) state the action(s) which the Registrar proposes to take; (b) be in writing; (c) give reasons for the proposed action(s); (d) specify a reasonable period (which may not be less than 14 days) within which the Warning Notice Recipient may make representations to the Registrar; (e) state whether section 69 applies; and (f) if that section applies, describe its effect and state whether any material exists to which the Warning Notice Recipient must be allowed access under it.
66.3 Following the receipt of a Warning Notice, the Warning Notice Recipient must have
the amount of time specified in the Warning Notice, or such longer time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice.
66.4 The Registrar must consider relevant materials, documentation or information
relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two months starting on the date on which the period for making representations under subsection 66.3 ends, take one or more of the following actions:
(a) abandon all actions proposed by the Warning Notice, in which case it will notify the Warning Notice Recipient of that fact in writing as soon as practicable; (b) issue a subsequent Warning Notice, proposing different or further actions; or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice.
66.5 If the Registrar has not taken any of the above actions within the prescribed period,
the Registrar will be deemed to have abandoned all actions proposed by the Warning Notice. 67 Decision Notices
67.1 If the Registrar decides to take an action referred to in a Warning Notice, it must
provide a Decision Notice (a “Decision Notice”) to the Employer (the "Decision Notice Recipient").
67.2 A Decision Notice must -
(a) be in writing;
(b) give the reasons of the Registrar for the decision to take the action to which the notice relates; and (c) give an indication of any right to refer the matter to the Court which is given by these Regulations. 68 Right to refer matters to the ADGM Courts
68.1 A Decision Notice Recipient may refer the matter to the Court within one month of
receipt of the Decision Notice, which will review the matter in accordance with their own procedures.
68.2 A Decision Notice that has been referred to the Court continues in effect until the
matter has been resolved by the Court, unless the Court determine otherwise. 69 Access to Material
69.1 If the Registrar gives a person ("A") a Warning Notice notifying such recipient that it
intends to impose a fine at or exceeding level 6 on the Standard Fines Scale, it must – (a) allow the person access to the material on which it relied in taking the decision which gave rise to the obligation to give the notice; and (b) allow the person access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision which, in the Registrar's opinion, might undermine that decision.
69.2 The Registrar may refuse A access to particular material which it would otherwise
have to allow A access to if, in its opinion, allowing A access to the material - (a) would not be in the public interest; (b) would breach confidentiality requirements; or (c) would not be fair, having regard to - (i) the likely significance of the material to A in relation to the matter giving rise to the Warning Notice; and (ii) the potential prejudice to the interests of a person other than A which would be caused by the material's disclosure.
69.3 If the Registrar refuses under subsection 69.2 to allow access to material, it must
give A written notice of -
(a) the refusal; and
(b) the reasons for it.
69.4 The Registrar may refuse A access to particular material on the basis that it consists
of a protected item, in which case, it must give A written notice of - (a) the existence of the protected item; and
(b) the Registrar's decision not to allow him access to it.
70 Protected Items
70.1 A person may not be required under these Regulations to produce, disclose or permit
the inspection of protected items.
70.2 "Protected items" means -
(a) communications between a professional legal adviser and his client or any person representing his client which fall within subsection 70.3; (b) communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection 70.3 (as a result of paragraph (b) of that subsection); (c) items which - (i) are enclosed with, or referred to in, such communications; (ii) fall within subsection 70.3; and (iii) are in the possession of a person entitled to possession of them.
70.3 A communication or item falls within this subsection if it is made -
(a) in connection with the giving of legal advice to the client; or (b) in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
70.4 A communication or item is not a protected item if it is held with the intention of
furthering a criminal purpose.
71 Publication
71.1 A Warning Notice, the existence of a Warning Notice and the contents of a Warning
Notice must not be published or disclosed by the Registrar, the Warning Notice Recipient, or any other person.
71.2 The Registrar may publish, in such manner as it considers appropriate, a Decision
Notice, part of a Decision Notice, or such information about the matter to which a Decision Notice relates as it considers appropriate, taking into account the fairness of such publication and the effect on the Decision Notice Recipient, the interests of participants in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole.
71.3 Except with the prior written consent of the Registrar, no other person may publish
or disclose a Decision Notice, part of a Decision Notice or information about the matter to which a Decision Notice relates, except and to the extent that the Registrar has already so published.
71.4 A person, other than the Registrar, who contravenes subsections 71.1 or 71.3 shall
be liable to a fine not exceeding level 3 on the Standard Fines Scale.
PART 13: GENERAL
72 Rule‐making power of the Board and the Registrar
72.1 The Board may make such rules applying to matters within the scope and objectives
of these Regulations as appear to the Board to be in the interests of the Abu Dhabi Global Market.
72.2 Rules made by the Board in accordance with section 72 may contain such incidental,
supplemental, consequential and transitional provision as the Board considers appropriate. 73 Administration of the Regulations
73.1 These Regulations and any rules made for carrying out the purpose of the
Regulations shall be administered by the Registrar.
73.2 The Registrar shall where necessary and appropriate administer by way of rules any
activities related to the provision of services in Abu Dhabi Global Market by natural persons who are not Employees. 74 Court Declaration and compensation
74.1 Where the Employer fails to comply with their obligations under these Regulations,
the Employee may apply to the Court for a declaration to that effect and the Court may, at its discretion, order the Employer to remedy the failure by complying with the relevant obligation and/or 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; and (b) any loss sustained by the Employee, which is attributable to the matters complained of. 75 Fees Payable to the Registrar
75.1 The Board may make rules requiring the payment to the Registrar of fees in respect
of –
(a) the performance of any of the Registrar’s functions; or (b) the provision by the Registrar of services or facilities for purposes incidental to, or otherwise connected with, the performance of any of the Registrar’s functions.
75.2 The matters for which fees may be charged include:
(a) the performance of a duty imposed on the Registrar by the Board; (b) the receipt of documents delivered to the Registrar; and (c) the inspection or provision of copies of documents kept by the Registrar.
75.3 The rules made by the Board may –
(a) provide for the amount of fees to be fixed by or determined under the rules; (b) provide for different fees to be payable in respect of the same matter in different circumstances; (c) specify the person by whom any fee payable under the rules is to be paid; and (d) specify when and how fees are to be paid. 76 Interpretation
76.1 In these Regulations, unless the context indicates otherwise, the defined terms listed
below shall have the corresponding meanings – "Basic Wage" means an Employee’s Wage excluding allowances; “Board” means the Board of Directors of ADGM; "Business Day" means an Employee’s working day as defined in the Employment Contract; “Competent Body” means any UAE federal or Abu Dhabi governmental, judicial or regulatory authority, including the ADGM; “Court” has the meaning given to that term in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; "Daily Wage" means:
(a) an Employee’s Wage divided by 260 for an Employee that works five days per week; (b) in all other cases, an Employee’s Wage divided by the product of (i) the average number of days worked be the Employee each week in the preceding 12 weeks; and (ii) multiplied by 52; "Day" means a calendar day, unless expressly stated otherwise; “Decision Notice” has the meaning ascribed to it under subsection 67.1; “Decision Notice Recipient” has the meaning ascribed to it under subsection 67.1; "Disability" means a physical or mental impairment that has a substantial and long‐term adverse effect on an Employee's ability to carry out their duties in accordance with the Employment Contract. An impairment has a long‐term effect if it has lasted at least 12 months or it is likely to last at least 12 months; "Employee" means an individual who is employed by an Employer under an Employment Contract who either:
(a) is based within, or ordinarily working within or from the Abu Dhabi Global Market for an Employer; or (b) agreed in an Employment Contract to be subject to these Regulations;
“Employee Work Permit” means an Abu Dhabi Global Market work permit issued to an Employee; "Employer" means:
(a) an Abu Dhabi Global Market licensed person; and (b) Abu Dhabi Global Market as governed by Abu Dhabi Law No. 4 of 2013 (as amended); "Employer Sponsored Residency Visa” means the Employee’s UAE residency visa if sponsored by the Employer; "Employment Contract" means a contract of service with an Employer whether written or implied and whether oral or in writing under which the Employer controls the individual’s work performance; “Fully Remote Employee” means an individual:
(a) who resides either inside or outside of the UAE; and (b) works under an Employment Contract with an Employer under which the individual's place of work is not at the Employer’s premises within the Abu Dhabi Global Market; "GCC National" means a person who is a national of a country that is a member of the Cooperation Council for the Arab States of the Gulf; "Hourly Rate" means the Daily Wage divided by the number of normal working hours in a Business Day for that Employee under the Employment Contract; "Maternity Leave" means the maternity leave entitlement under subsection 33.1; "Maternity Pay" means the pay to an Employee in accordance with subsection 34.1 during Maternity Leave; "National Holidays" means the national holidays as provided under subsection 26.1; "Overseas Fully Remote Employee” means a Fully Remote Employee who does not reside in the UAE; “Part-Time Employee” means an Employee whose Employment Contract stipulates:
(a) less than 8 working hours per day;
(b) less than 5 working days per week; or
(c) terms of employment which otherwise do not constitute full time working under the Employer’s normal practices; "Paternity Leave" means the paternity leave entitlement under subsection 35.1; "Pay Period" means the hourly, daily or monthly period by which an Employee’s pay is determined in their Employment Contract;
"Protected Disclosure" means any disclosure as defined in the Whistleblower Protection Regulations 2024 as may be amended; "Standard Fines Scale" means the standard fines scale set out in the Commercial Licensing Regulations 2015 (Fines) Rules 2020, as amended; "Termination Date" means – (a) where an Employment Contract is terminated on notice, the date on which the notice expires; (b) where an Employment Contract is terminated without notice, the date on which the termination of employment takes effect; and (c) where an Employment Contract is for a fixed term, the date on which the term expires; "UAE" means the United Arab Emirates; “UAE Fully Remote Employee” means a Fully Remote Employee who resides in the UAE; "Vacation Leave" means the vacation leave entitlement provided by the Employer in accordance with section 23.1; "Vacation Pay" means the Daily Wage payable during the Vacation Leave; "Variable Payment" means any bonus, commission, drawing, distribution, grant, incentive or expense or any other payment made by an Employer to an Employee that is:
(a) discretionary;
(b) calculated by reference to the profits of the Employer or an affiliate of the Employer; (c) non-recurring; or (d) subject to variation depending on the performance of the Employer and/or the Employee. "Wages" means all payments made to an Employee in consideration for work done or services provided under the Employment Contract, excluding any Variable Pay, multiplied to be expressed as an annualized number. “Warning Notice” has the meaning ascribed to it under subsection 66.1; “Warning Notice Recipient” has the meaning ascribed to it under subsection 66.1; 77 Short title, extent and commencement
77.1 These Regulations may be cited as the Employment Regulations 2024.
77.2 These Regulations apply to –
(a) an Employer; and
(b) an Employee.
77.3 These Regulations shall come into force on [TBC]. The Board may by rules make
any transitional, transitory, consequential, saving, incidental or supplementary provision in relation to the commencement of these Regulations as the Board thinks fit.
77.4 The Employment Regulations 2019 and the Employment Regulations 2019
(Compensation Awards and Limits) Rules 2019 are repealed with effect from:
(a) the date of publication of these Regulations for any Employer or Employee in the Abu Dhabi Global Market on or following the date of publication of these Regulations; and (b) six (6) months from the date of publication of these Regulations for any Employer or Employee in the Abu Dhabi Global Market prior to the date of publication of these Regulations.
Schedule 1 - PERMANENT DISABILITIES / DISMEMBERMENT / INJURIES
Nature of permanent/Disability/dismemberment/injuries Maximum Percentage Payable Total loss of sight in both eyes or loss of two eyes 100 Total loss of both arms 100 Total loss of both hands 100 Total loss of both legs 100 Total loss of both feet 100 Total loss of one arm and one leg 100 Total loss of one hand and one foot 100 Total paralysis 100 Mental incapacity as a result of an accident, making the individual incapable of carrying on any kind of work Wounds and injuries to the head or brain which cause continuous headache 100 Total deformation of the face 100 Injuries and wounds to the chest and internal organs which cause a continuous and complete deficiency in the function of these organs Total deafness in both ears 100 Total deafness in one ear 50 Loss of voice 50 Total loss of tongue 100 Loss of sexual organ 100 Total loss of one arm or one hand 65 Total loss of movement of one shoulder 25 Total loss of movement of one elbow 20 Total loss of movement of one wrist 20 Total loss of one thumb 20
Nature of permanent/Disability/dismemberment/injuries Maximum Percentage Payable Total loss of one index finger 15 Total loss of one finger other than the thumb or the index finger 10 Total loss of one leg or one foot 50 Partial amputation of one foot including the toes 35 Unhealed fracture of one leg or one foot 35 Unhealed fracture of one kneecap 30 Total loss of movement of one hip or one knee 20 Shortening of one lower limb by a least 5 centimeters 15 Total loss of one big toe 10 Total loss of one toe other than the big toe 3 Loss of one tooth 3
1.1 The percentages specified above are the maximum percentages payable for a
particular injury and the Court shall award the Employee such compensation (up to such maximum percentages) as the Court considers just and equitable in all the circumstances.
1.2 Where the injuries fall within more than one category above the percentages may be
aggregated and for the avoidance of doubt may come to more than 100%.
1.3 Total loss may be the result of amputation or excision.
1.4 Total loss may also consist of a permanent total Disability in the functions of that part
of the body or organ resulting in a total loss of use of the relevant part of the body or organ. A medical report must support such finding of total loss.
1.5 Compensation may be paid in respect of any partial or less serious Disability or injury
to any of the parts of the body or organ mentioned in the above list according to the level of seriousness or the Disability or injury measured as a percentage of loss of use. The percentage of loss of use must be determined by a medical report. Account should be taken of the victim’s occupation as regards to the impact the injury will have on his ability to continue working.
1.6 Compensation may also be paid in respect of any total or partial or less serious
Disability or injury to any of the parts of the body or organ not mentioned in the above list. The percentage rate for a total loss of such part of the body or organ will be
ascertained by taking into consideration the nearest part of the body or organ in the list. A medical report is required as to the partial loss of use of such part of the body or organ.
1.7 100% is the monetary equivalent of 24 months’ Basic Wages.
ADGM EMPLOYMENT REGULATIONS 20192024
(CONSOLIDATED VERSION JUNE 2024)
TABLE OF CONTENTS
Section Page
PART 1: HIRING EMPLOYEES 14
1. No waiver 14
2. No false representations 14
3. Hiring children and youth 15
4. Visa and permits 25
5. Right to a written contract 26
6. Amendment of theAmendments to the Employment Contract of Employment 27
7. Right to a pay statement 37
8. Short-termShort‐term employment 37
9. Probation 37
10. Employee's duties ........................................................................................................................................ 3
11.10 Employment records 48
PART 2: PART-TIME EMPLOYEES AND REMOTE EMPLOYEES 8
11 Pro-rata entitlements for Part-Time Employees 8 12 Remote Employees 9
PART 2 3: PROTECTION OF WAGES 49
12.13 Pay Period 49
13. Payment where the employment is terminated .......................................................................................... 4
14. No unauthorised deductions 49
15. No charge for hiring or providing information............................................................................................. 5
PART 3 4: WORKING TIME AND LEAVE 510
16.15 Maximum weekly working time and overtime 510
17.16 Excessive hours 510
18.17 Reduced hours during of Ramadan 610
19.18 Daily rest 610
20.19 Weekly rest period 610
21.20 Rest breaksBreaks 610
22.21 Vacation Leave 611
23.22 Compensation in lieu of Vacation Leave 611
24.23 Dates on which leave is taken 611
25.24 Leave during the first year of employment 711
26.25 Entitlements under other provisions 712
27.26 Entitlement to National Holidays 712
28.27 Special leave 712
28 Bereavement leave 12
29. Sick leave 712
30. Sick pay 813
31. Termination for excessive sick leave 813
32. Pro-rata entitlements for part-time Employees 8National and Reserve Service 13
PART 4 5: MATERNITY AND PATERNITYPARENTAL RIGHTS 813
33. Maternity Leave 813
34. Maternity Pay 814
35. Paternity Leave and pay 914
PART 6: ANTE-NATAL CARE 15
36. Right to return to worktime off for ante-natal care and adoption proceedings915
37 Right to remuneration for time off under section 36 15
PART 5 7: EMPLOYER'S OBLIGATIONS 915
37.38 General duties of Employers to their Employees 915
38.39 Health and safety duties 915
39.40 Ventilation 1016
40.41 Temperature in indoor workplaces 1016
41.42 Lighting 1016
42.43 Cleanliness 1016
43.44 Room dimensions and space 1016
44.45 Workstations and seating 1016
45.46 Sanitary conveniences 1016
46.47 Drinking water 1016
47.48 No penalties for preventing health and safety risks 1016
48.49 Work-related injuriesinjury and illness 1117
49. Compensation for employment accidents and occupational diseases ...................................................... 11
50. Health insurance 1117
PART 6 : TIME OFF WORK ................................................................................................................................... 11
51. Right to time off for ante-natal careLiability of Employer for Employee conduct1117
52. Right to remuneration for time off under section 51Contraventions 1118
PART 7 8: EMPLOYEE'S OBLIGATIONS 1218
53. General duties of Employees at work 1218
PART 8 9: NON-DISCRIMINATION 12NON‐DISCRIMINATION AND VICTIMISATION 19
54. Discrimination 1219
55 Victimisation 21
PART 10: PROTECTED DISCLOSURES 22
56 Retaliation by Employer 22
PART 9 11: TERMINATION OF EMPLOYMENT 1323
55.57 Rights of Employer and Employee to minimum notice 1323
56.58 Termination for cause 1423
57.59 Right to written statement of reasons for dismissal 1424
60 Right to certificate of experience 24
58.61 Pension for UAE and GCC nationals 1424
59.62 End-of-service gratuity 1425
63 Repatriation Flight 25
64 Late Payment 26
PART 12: SANCTIONS AND PROCEDURAL REQUIREMENTS 26
65 Procedures and Powers of the Registrar 26
66 Warning Notices 27
67 Decision Notices 27
68 Right to refer matters to the ADGM Courts 28 69 Access to Material 28 70 Protected Items 29
60.71 No other compensation rights on terminationPublication 1529
PART 13: GENERAL 30
PART 10 : PROTECTED DISCLOSURES………………………………………………………………………………………………………………15
61. Retaliation by Employer………………………………………………………………………………………………………………………...15
PART 11 : GENERAL…………………………………………………………………………………………………………………………………………16
62.72 Rule-makingRule‐making power of the Board and the
Registrar………………………………………………………………………..........16 30
63.73 Administration of the
Regulations………………………..………………………………………………………………………..........16 30 74 Court Declaration and compensation 30 75 Fees Payable to the Registrar 30
76 Interpretation 31
64. Repatriation Flight………………………………………………..………………………………………………………………………..........16
65. National and Reserve Service……..………………………..………………………………………………………………………..........16
66. Interpretation……………………………….……………………..………………………………………………………………………..........16
67.77 Short title, extent and
commencement………………..………………………………………………………………………..........19 33
EMPLOYMENT REGULATIONS 20192024
Regulations to provide for minimum employment standards for Employees, promote a fair balance of rights and obligations between Employees and Employers and foster employment practices that will contribute to the prosperity of the Abu Dhabi Global Market. Date of Enactment: 16 October 2019 [TBC] The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013, as amended, concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:- ‐
PART 1 PART 1: HIRING EMPLOYEES
1 1. No waiver
1.1 (1) The requirements of these Regulations are minimum requirements and, subject
to subsection (2)1.2, a provision in an agreement to waive or exclude any of those requirements, except where expressly permitted under these Regulations, shall be void.
1.2 (2) Subsection (1)1.1 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 be signed by both the Employer and Employee; and (c) such agreement can only waive claims or potential claims which may exist as of the date the Employee signs the agreement and cannot encompass future claims so long as the agreement is signed whilst the Employee is employed by the employing entity with whom they are signing the agreement; and (d) (c) valid consideration must be provided to the relevant party waiving such claims by the other party.
1.3 (3) Nothing in these Regulations precludes an Employer from providing in any
Employment Contract of Employment, terms and conditions of employment that are more favourable to the Employee than those required by these Regulations. 2 2. No false representations
2.1 An 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.
2.2 An Employer who contravenes this section 2 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
3 3. Hiring children and youth
3.1 (1) An Employer shall not employ a child who is under 15 years of age.
3.2 (2) An Employer may employ youth between 15 and 18 years of age subject to
Registrar rules made by the Board.
3.3 (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.
3.4 An Employer who contravenes this section 3 shall be liable for a fine not exceeding
level 8 on the Standard Fines Scale.
4 4. Visa and permits
4.1 TheWhere required, 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.:
(a) Employee Work Permit;
(b) Employee’s Employer Sponsored Residency Visa, if applicable; and (c) Employee’s UAE identity card, if applicable.
4.2 Except in case of Fully Remote Employees, the Employer must have obtained, or
have applied for, an Employee Work Permit for the Employee before the Employee can commence work for the Employer.
4.3 The Employer:
(a) must not request, demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of its obligations in this section 4; (b) must cancel the Employee Work Permit and the Employer Sponsored Residency Visa as soon as reasonably practicable following the Termination Date and in any event within the time frame set by the Competent Body; (c) must not cancel the Employee Work Permit and the Employer Sponsored Residency Visa without the Employee’s prior written consent where the Employee has a pending claim against the Employer with the Court; (d) must not request, demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of cancelling the
Employer Sponsored Residency Visa, including where the cancellation is a result of the Employee absconding; and (e) must not make the cancellation of the Employer Sponsored Residency Visa conditional on the Employee waiving any rights under these Regulations or making any payment to the Employer.
4.4 An Employer who contravenes this section 4 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
5 5. Right to a written contract
5.1 (1) An Employee may only be employed pursuant to a written Employment Contract
of Employment which must be written in English and signed by both the Employer and the Employee.
5.2 (2) The Employer shall give to eachprovide the Employee with a copy of the written
Employment 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) as soon as reasonably practicable but in any event, not no later than 1 month after the Employee’s commencement of the employment.
5.3 (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 Employment Contract of Employment before signing it.
5.4 (4) The Employment 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 title of the Employee’s job or a brief description of the Employee’s work; (d) (c) the Employee'sEmployee’s Wages; (e) (d) the applicable Pay Period; (e) any terms and conditions relating to hours or days of work; (f) any terms and conditions relating to - (i) hours or days of work; (ii) (g) Vacation Leave and Vacation Pay, National Holidays and pay for such National Holidays; and (iii) (h) sick leave and sick pay; (g) (i) the length of notice that the Employee and the Employer isare obliged to give and isare entitled to receive to terminate the employment; (j) the title of the Employee's job or a brief description of the Employee's work;
(h) (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; (i) (l) the place of work, or where the Employee is a Fully Remote Employee, the Employment Contract must specify this; (j) (m) any disciplinary rules and/or grievance procedures applicable to the Employee; and (k) confirmation that it is governed by the laws of the Abu Dhabi Global Market; (l) confirmation that any disputes arising out of the Employment Contract shall be subject to the jurisdiction of the Court; and (m) (n) any other matter that may be prescribed by rules made by the Board by rules.
5.5 An Employer who contravenes this section 5 shall be liable for a fine not exceeding
level 3 on the Standard Fines Scale.
6 Amendments to the Employment Contract
(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
6.1 Any amendmentamendments to the Employment Contract of Employment of an Employee
must be in writing and signed by both the Employee except where such change is for the benefit ofEmployer and the Employee. 7 7. Right to a pay statement
7.1 (1) An Employer shall give to an Employee when, or before, anon or around the date on
which the Employee is paid anytheir Wages, a written pay statement that includes – (a) the amount of the Wages payable; and (b) the amounts of any variable, and any fixed,amount of any deductions from that amount and the purposes for which they are made.
7.2 (2) An Employer satisfies the requirement in subsection (1)7.1 if it provides electronic
access to the pay statement and the Employee may print such statement.
7.3 An Employer who contravenes this section 7 shall be liable for a fine not exceeding
level 3 on the Standard Fines Scale.
8 8. Short-termShort‐term employment
Sections 5(4) and 7 do not apply to an Employee if the employment is for less than 30 Days.
8.1 Sections 9, 27, 29, 30, 31, 33, 34, 35, 36, 37, 61, 62 and 63 do not apply to an
Employee if their employment with the Employer is for 30 Days or less.
10 11. Employment records
10.1 (1) For each Employee, the Employer shall keep records of the following information
–
(a) a copy of the Employee'sEmployee’s Employment Contract of Employment; (b) the Employee's name, date of birtha copy of the Employee’s passport, occupation, telephone number and contact address (both residential and postal); (c) the date on which theof commencement of the Employee’s employment beganwith the Employer; (d) the Employee'sEmployee’s Wages (gross and net, where applicable), and the applicable Pay Period; (e) the contractual hours which the Employee has agreed to work; (e) (f) the benefits paidprovided to the Employee by the Employer; (f) (g) each deduction made from the Employee'sEmployee’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; (g) (i) the dates of the Vacation Leave taken by the Employee, the amounts paid by the Employer and the Days and amounts owing; (h) (j) any sick leave and other special leaves of absencetaken and sick pay paid to an Employee; and (i) (k) the amount of any end-of-serviceend‐of‐service gratuity payment and any other severance payment paid to the Employee on termination of the employment.
10.2 (2) Records prescribed in subsection (1)10.1 shall be –
(a) in English and English language shall have precedence over any other language used in the records; (b) keptaccessible at the Employer'sEmployer’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 terminatesin accordance with the ADGM Data Protection Regulations 2021.
10.3 (3) Records prescribed in subsection (1)10.1 may be retained in electronic format.
10.4 An Employer who contravenes this section 10 shall be liable for a fine not exceeding
level 7 on the Standard Fines Scale.
PART 2: PART-TIME EMPLOYEES AND REMOTE EMPLOYEES
11 Pro-rata entitlements for Part-Time Employees
11.1 If a Part-Time Employee’s Employment Contract provides for the Part-Time
Employee to work every day of the Employer’s working week, the Part-Time Employee’s:
(a) entitlements under sections 21, 27, 29, 33, 35.1, 36, 37 and 62; and (b) the right of the Employer to terminate under section 31, shall not be pro-rated.
11.2 If a Part-Time Employee’s Employment Contract stipulates less than 5 working days
per week, the Part-Time Employee’s entitlements shall be pro-rated as follows:
(a) the Days worked by the Part-Time Employee during the working week as stated in their Employment Contract shall be calculated as a percentage of the number of Days worked by the Employer’s full time Employees; and (b) the percentage derived from the calculation in subsection 11.2(a) shall be applied to:
(i) the entitlements under sections 21, 27, 29, 33, 35.1, 36, 37 and 62; and (ii) the right of the Employer to terminate under section 31. 12 Remote Employees
12.1 Where the Employer and Employee have agreed that an Employee can work
remotely, either as a Fully Remote Employee or as part of a hybrid working pattern whereby the Employee regularly works at the Employer’s premises in addition to other locations agreed by the Employer, the Employer shall provide the Employee with and maintain the technical equipment which is necessary for the Employee to carry out the remote work through the use of electronic systems, unless the Employer and Employee agree otherwise.
12.2 For UAE Fully Remote Employees:
(a) sections 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 of these Regulations shall not apply; and (b) the Employer shall comply with section 4.
12.3 For Overseas Fully Remote Employees, sections 4.1(b) and (c), 39, 40, 41, 42, 43,
44, 45, 46, 47, 48 and 50 of these Regulations shall not apply.
PART 2 PART 3: PROTECTION OF WAGES
13 12. Pay Period
13.1 (1) The Employer must pay the Employee a Basic Wagethe agreed Wages.
13.2 (2) The Pay Period during which the Employee's BasicEmployee’s Wages are paid shall
not exceed 1 month and the Basic Wages (and Vacation Pay) must be paid within 7 Days of the end of the relevant Pay Period.
13. Payment where the employment is terminated
On termination of employment, an Employer shall pay all Wages and any other amounts owing to an Employee within 14 Days of such sums becoming due. 14 14. No unauthorised deductions
14.1 (1) An Employer shall not deduct from an Employee'sEmployee’s Wages or accept a
payment from an Employee, unless –:
(a) the deduction or payment is required or authorised under legislation that is applicable in the Abu Dhabi Global Market or the Employee'sEmployee’s Employment Contract of Employment; (b) the Employee has previously agreed in writing to the deduction or payment; (c) the deduction or payment is a reimbursement for an overpayment of Wages or expenses; or (d) the deduction or payment has been ordered by the Abu Dhabi Global Market Court. (2) The Employer may not request or demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of its obligations pursuant to section 4.
15. No charge for hiring or providing information
(1) A person shall not request, charge or receive, directly or indirectly, from a person seeking employment a payment for – (a) employing or obtaining employment for the person seeking employment; or (b) providing information about Employers seeking Employees. (2) A person does not contravene this section by requesting, charging or receiving payment for any form of advertisement from the person who placed the advertisement. (3) A payment received by a person in contravention of this section is deemed to be Wages owing or a debt due to the person seeking employment.
PART 3 PART 4: WORKING TIME AND LEAVE
15 16. Maximum weekly working time and overtime
15.1 (1) Subject to the following subsections, an Employee'sAn Employee’s working time shall not
exceed an average of 48 hours for eachin a 7 Dayday period unless the Employer has first obtained the Employee’s consent in writing.
15.2 An Employer who fails to comply with this section 15 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
(2) Subject to subsection (6), Employees are entitled to overtime compensation in respect of time worked in excess of the Threshold over a Reference Period. Vacation Leave and National Holidays that fall on a normal working day for the Employee during the Reference Period shall not be counted towards the Threshold. (3) Calculations in relation to overtime compensation for a partially completed Reference Period shall be done on a pro rata basis. (4) Subject to subsection (6), the Employer is obliged to keep time records for Employees who are likely to work hours close to or in excess of the Threshold.
(5) Overtime compensation is either monetary or by time in lieu, or a combination of both, as decided by the Employer. Monetary overtime compensation is in addition to the Daily Wage and shall be payable at the rate of 25% of the Hourly Rate (or time in lieu as appropriate). For overtime worked between 9:00 p.m. and 4:00 a.m., the overtime compensation rate is 50% of the Hourly Rate (or time in lieu as appropriate). Monetary overtime payments shall be paid no later than 1 month after the expiration of the Reference Period in which they accrued. (6) Employees in managerial or supervisory positions, as well as those in positions where it is reasonably expected within that industry internationally that overtime compensation is not payable, are exempted from overtime compensation. 16 17. Excessive hours
16.1 Notwithstanding any provision of this Part, an Employer shall not require or allow,
directly or indirectly, an Employee to work excessive hours or hourswhich are detrimental to the Employee's health or safety.
16.2 An Employer who fails to comply with this section 16 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
17 18. Reduced hours during of Ramadan
17.1 During the Holy month of Ramadan, aall Muslim Employee who observes the
fastEmployees shall have histheir normal working hours reduced by 2 hours each day. There shall be no reduction in compensation as a result.
17.2 An Employer who fails to comply with this section 17 shall be liable to a fine not
exceeding level 3 on the Standard Fines Scale.
18 19. Daily rest
18.1 An Employee is entitled to a rest period of not less than 11 consecutive hours in each
24 hour period.
19 20. Weekly rest period
19.1 Except where otherwise provided by Registrar’sin rules made by the Board, an
Employee is entitled to an uninterrupted rest period of not less than 24 hours in each 7 Day work period.
21. Rest breaks
20 Breaks
20.1 Where an Employee's daily working time is more than 6 hours, the Employee is
entitled to rest and prayer breaks of not less than 1 hour in aggregate during the work day. The rest and prayer breaks may be spent away from the Employee's workstation.
20.2 Where on her return from Maternity Leave an Employee’s daily working time is more
than 6 hours, the Employee is entitled to at least 1 nursing break of not less than 1 hour in aggregate during the work day. The nursing break shall be in addition to the rest break referred to in subsection 20.1 and shall continue for 9 months after the Employee’s actual date of childbirth.
21 22. Vacation Leave
(1) Subject to section 25, an Employer shall give an Employee a minimum paid Vacation Leave of 20 Business Days per year to be accrued pro rata for Employees who have been employed for at least 90 Days.
21.1 An Employee is entitled to minimum paid Vacation Leave of 20 Business Days per
year of employment.
21.2 (2) An Employee is entitled to carry forward his accrued but untaken Vacation Leave
of up to a maximum of 510 Business Days into the next year for a maximum period of 12 months after which the unused leaveVacation Leave shall expire.
21.3 (3) An Employer shall allow an Employee who is entitled to a Vacation Leave to take itshall be
taken in periods of 1 or more weeksdays and as agreed between the Employer and Employee.
21.4 (4) Vacation Leave is exclusive of National Holidays to which an Employee is entitled.
21.5 (5) An Employee is not entitled to a payment in lieu of Vacation Leave earned except
where –
(a) the Employee's employment is terminated; or (b) the Employer agreesand Employee agree otherwise. 22 23. Compensation in lieu of Vacation Leave
22.1 (1) Where an Employee's employment is terminated, the Employer shall pay the
Employee an amount in lieu of Vacation Leave accrued but not taken by the Employee. In the event that the Employee has taken more Vacation Leave than hasthey have accrued at the termination date, the Employee shall repay the Employer the corresponding sum.Termination Date, the Employer may deduct an amount calculated in accordance with subsection 22.2 from any payments due to the Employee on the Termination Date.
22.2 (2) Compensation in lieu of Vacation Leave shall be calculated using the Employee's
Daily Wage applicable on the Employee's last Day of employmentat the Termination Date. 23 24. Dates on which leave is taken (1) An Employee electing to take Vacation Leave shall do so by giving at least 7 Days' prior written notice to the Employer specifying the days on which leave is to be taken and subject to any requirement imposed by the Employer under subsection (2).
23.1 Subject to subsection 23.2, an Employer must consent to the dates on which
Vacation Leave is to be taken, with such consent not to be unreasonably withheld.
23.2 (2) The Employer may require an Employee to take Vacation Leave on specified days
by giving at least 7 Days' prior written notice to the Employee.
(3) The Employer and Employee may mutually agree on the specified days to be taken as Vacation Leave, in which case the notice requirements in subsections (1) and (2) shall not apply. 24 25. Leave during the first year of employment
24.1 (1) During the first year of employment, the amount of Vacation Leave an Employee
may take at any time is limited to the amount deemed to have accrued at that time, less the
amount of Vacation Leave already taken during that year, unless the Employer agrees otherwiseaccrued by the Employee at the time of taking the Vacation Leave.
24.2 (2) For the purposes of this section, leave is deemed to accrue overVacation Leave accrues
during the Employee's first year of employment on a monthly basis at the rate of onetwelfth of the amount specified in section 22(1) on the first day of each month of that yearone‐ twelfth of the Employee’s annual entitlement to Vacation Leave. 25 26. Entitlements under other provisions
25.1 Subject to sections 33(4), 34(3) and 35(4)subsections 33.4, 34.3 and 35.4, where an
Employee is entitled to a rest period, rest break, Vacation Leave, Maternity Leave or Paternity Leave under both these Regulations and aan Employment Contract of Employment, the Employee may elect to take the more favourable provisions but not both. 26 27. Entitlement to National Holidays
26.1 (1) EveryAn Employee is entitled to theleave on National Holidays that are announced
in the UAE for the public sector (if the Employer is a public sector entity) or the private sector (if the Employer is a private sector entity), fallingrelevant sector which fall on a Business Day.
26.2 (2) An Employee is entitled to be paid atheir Daily Wage for National Holidays under
subsection (1)26.1.
(3) Leave to which an Employee is entitled under subsection (1) may be replaced by –
26.3 If an Employee agrees to work on a National Holiday, in addition to their Daily Wage,
the Employer must provide the Employee with either – (a) a day of leave in lieu of each day worked; (b) a payment in lieuof an amount equal to the Employee’s Daily Wage for each day worked on a National Holiday; or (c) a pro-rated amount relatingpayment of a pro‐rated amount of the Employee’s Daily Wage according to the period of time worked, where each of the Employer and the Employee so agree in writing during the National Holiday. 27 28. Special leave
27.1 A Muslim Employee, who has completed with at least 1 year or more of continuous
employment, with the Employer shall be entitled, not more than once during the period of employment, to special leave not exceeding 30 Days without pay, to perform the Haj pilgrimage once during their employment with the Employer. 28 Bereavement leave
28.1 An Employee shall be entitled to bereavement leave of 5 Business Days, with
payment of their Daily Wage, on the death of an Employee’s spouse, parent, child (including an adopted child) or sibling, subject to the Employee satisfying any evidential requirements reasonably requested by the Employer.
29 29. Sick leave
29.1 (1) An Employee is entitled to sick leave not exceeding a maximum of 60 Business Days
in aggregate in any 12 month period.
29.2 (2) An Employee who requeststakes sick leave under this section shall personally, or
have someone on the Employee'stheir behalf as soon as reasonably practicable – (a) as soon as reasonably practicable notify the Employer that the Employee is unable to fulfil the duties reasonably expected in the Employee's position because of the Employee's sickness; and (a) on the first day of absence, notify the Employer of their absence due to sickness; and (b) if required by the Employer, at least once every 7 Days during aprovide a sick certificate from a UAE registered medical practitioner covering the entire period of absence due to sickness, provide a medical opinion that states that the Employee cannot fulfil the duties reasonably expected in the Employee's position.
29.3 (3) An Employer who would, apart from subsection (2), otherwise be liable to pay sick pay
to an Employee, is entitled to withhold the sick pay if the Employee failed to give the notice (and the medical opinion, if required by the Employer) to the Employer as required underfails to comply with subsection (2)29.2. 30 30. Sick pay
30.1 (1) Subject to section 29subsection 29.2, an Employer shall pay an Employee sick pay
based on his Daily Wage as follows: full pay for the first 10 Business Days, half-pay for the next 20 Business Days with (a) 100% of the Employee’s Daily Wage for the first 10 Business Days of sick leave taken in 12 month period; (b) 50% of the Employee’s Daily Wage for the next 20 Business Days of sick leave taken in the same 12 month period; and (c) the remaining 30 Business Days beingshall be unpaid. For the avoidance of doubt, subsection (1) This section 30 refers to either consecutive or non-consecutivenon‐consecutive Business Days. (2) Subsection (1) shall not apply if the Contract of Employment is for 1 month or less. 31 31. Termination for excessive sick leave
31.1 (1) Where an Employee takes more than an aggregate of 60 Business Days of sick
leave in any 12 month period, the Employer may terminate the employment immediately with immediate effect upon written notice to the Employee.
31.2 (2) Subsection (1)31.1 does not apply where an Employee takes sick leave on
account of a Disability.
32 National and Reserve Service
32.1 Federal Law No. 6 of 2014 Concerning the National and Reserve Service, as
amended from time to time, and its executive regulations, resolutions and directives shall apply in the Abu Dhabi Global Market.
PART 5: PARENTAL RIGHTS
32. Pro-rata entitlements for part-time Employees
For Employees employed on a part-time basis, the rights of the Employee to take leave under sections 22, 29, 33, 34 and 35 (and the rights of the Employer under section 31 to terminate for excessive sick leave) shall apply but shall be calculated on a pro-rata basis.
PART 4 : MATERNITY AND PATERNITY RIGHTS
33 33. Maternity Leave
33.1 (1) AnA female Employee shall be entitled to a minimum Maternity Leave entitlement of
65 Business Days.
33.2 (2) An Employee shall be entitled to be paidMaternity Pay in accordance with section
34 during the minimum Maternity Leave in subsection (1) if she – (a) will have been continuously employed with her Employer for at least 12 months preceding the expected or actual week of childbirth; (b) notifies her Employer in writing that she is pregnant at least 8 weeks before the expected week of childbirth, if requested by the Employer; (c) provides a medical practitioner's certificate stating the expected or actual birth date, if requested by the Employer; and (d) notifies her Employer in writing at least 21 Days before the Daydate on which the Employee proposes to begin her Maternity Leave.
33.3 (3) The maternity rights granted under sections 33 and 34 also apply to a female
Employee who is adopting a child of less than 36 months old and, in such case, references to childbirth are treated as references to the date of adoption.
33.4 (4) Vacation Leave shall continue to accrue during Maternity Leave and may be taken
separately.
33.5 A female Employee has the right to return to work at the end of Maternity Leave
granted under section 33 to the same role or a suitable alternative on the same terms and conditions and with the same seniority rights she would have had if she had not taken Maternity Leave. 34 34. Maternity Pay
34.1 (1) An Employer shall pay Maternity Pay at –
(a) the Employee's normal Daily Wage for the first 33 Business Days of Maternity Leave; and
(b) 50 per cent of the Employee's normal Daily Wage for the next 32 Business Days of Maternity Leave.
34.2 (2) An Employee cannotis not entitled to receive compensationa payment in lieu of
Maternity Leave.
34.3 (3) Any National Holidays falling on a Business Day within theduring Maternity Leave
period shall be treated as additional leave thereby having the effect of extending the Maternity Leave by the period of the national holidayNational Holiday.
34.4 If the Employee’s employment terminates during Maternity Leave, the Employer
must pay the Employee Maternity Pay which she would have received had her employment continued until the end of her Maternity Leave. 35 35. Paternity Leave and pay
35.1 A male Employee who becomes a father to:
(a) a newly‐born child; or
(b) an adopted child of less than 6 months old, (1) An Employee who becomes a father to a newly-born child shall be entitled to a minimum Paternity Leave entitlement of 5 Business Days to be taken within 2 months of the date of birth of the childchildbirth or the date of adoption subject to the Employee satisfying any evidential requirements reasonably requested by the Employer.
35.2 (2) During the Employee's minimum Paternity Leave, the Employer shall pay paternity pay at
the Employee's normalan Employee shall be entitled to receive their Daily Wage.
35.3 (3) The Employee cannotis not entitled to receive compensationa payment in lieu of
Paternity Leave.
35.4 (4) Any National Holidays falling on a Business Day withinduring the Paternity Leave
period shall be treated as additional leave thereby having the effect of extending the Paternity Leave by the period of the national holidayNational Holiday.
PART 6: ANTE-NATAL CARE
36 36. Right to return to worktime off for ante-natal care and adoption proceedings (1) An Employer shall not, because of an Employee's pregnancy, Maternity Leave or Paternity Leave–
36.1 Subject to the Employee’s compliance with subsection 36.2, an Employee who –
(a) is pregnant or whose wife is pregnant; and (b) has, or whose wife has, on the advice of a registered medical practitioner made an appointment to receive ante‐natal care, is entitled to take reasonable time off during the Employee's working hours in order to attend the appointment.
36.2 The Employee must provide their Employer with –
(a) terminate the employmentreasonable notice of the ante-natal appointment; or (b) a medical practitioner's certificate confirming the pregnancy, if requested by the Employer; and (c) evidence of the ante-natal appointment, if requested by the Employer.
36.3 An Employee who is applying to adopt a child is entitled to take reasonable time off
work to attend adoption proceedings, subject to:
(a) giving the Employer reasonable notice of the adoption proceedings; and (b) change the position or condition of employment without the Employee's prior written consentsatisfying any evidential requirements reasonably requested by the Employer. 37 Right to remuneration for time off under section 36
37.1 An Employee is entitled to be paid their normal Hourly Rate for any time-off taken
under section 36.
(2) An Employee has the right to return to work at the end of Maternity Leave granted under section 33 to the same role or a suitable alternative on the same terms and conditions, and with same seniority rights she would have had, had she not taken Maternity Leave. (3) An Employee has the right to return to work at the end of Paternity Leave granted under section 35 to the same role and with same seniority rights he would have had, had he not taken Paternity Leave.
PART 5 PART 7: EMPLOYER'S OBLIGATIONS
38 37. General duties of Employers to their Employees
38.1 (1) An Employer has a duty to ensure, as far as is reasonably practicable, the health,
safety and welfare at work of all its Employees.
38.2 (2) An Employer shall provide and maintain a workplace that is free of discrimination,
harassment, and victimisation and is safe and without risks to an Employee's health. 39 38. Health and safety duties
39.1 (1) Without limiting the generality of an Employer's duty under section 3738, every
Employer has a duty, as far as is reasonably practicable, to – (a) ensure adequate systems are in place that minimize risks to health concerning fire hazards and the use, handling, storage and transport of dangerous articles and substances; (b) provide information, instruction, training and supervision to Employees, in English or, if necessary, another language understood by the Employees, to ensure their health and safety at work; (c) inform each Employee in writing at the time of recruitment of the dangers, if any, connected with the employment and of the protective measures the Employee shall take;
(d) provide and maintain adequate and safe access to, and from, the workplace; and (e) provide any other facilities or meet any other requirements as prescribed in any rules made by the Board. 40 39. Ventilation
40.1 An Employer shall ensure that every enclosed workplace is ventilated by a sufficient
quantity of fresh or purified air.
41 40. Temperature in indoor workplaces
41.1 An Employer shall ensure that, during working hours, the temperature in all
workplaces inside buildings shall be reasonable.
42 41. Lighting
42.1 An Employer shall ensure that its workplace has suitable and sufficient lighting.
43 42. Cleanliness
43.1 An Employer shall keep its workplace and its furniture, furnishings and fittings clean.
44 43. Room dimensions and space
44.1 An Employer shall ensure that every room where persons work has sufficient floor
area, height and unoccupied space for purposes of health, safety and welfare. 45 44. Workstations and seating
45.1 An Employer shall ensure that workstations are suitable for Employees and the
nature of the work required to be done at the workstation.
46 45. Sanitary conveniences
46.1 An Employer shall provide suitable and adequate sanitary conveniences at readily
accessible places in the workplace.
47 46. Drinking water
47.1 An Employer shall provide an adequate supply of wholesome drinking water for all
Employees in the workplace.
48 47. No penalties for preventing health and safety risks
48.1 (1) An Employer shall not dismiss or otherwise penalise, directly or indirectly, any
Employee for –
(a) carrying out activities that prevent or reduce risks to health and safety in the workplace where the Employee has been specifically designated to do so; or (b) taking reasonable steps to avert serious and imminent danger and for refusing to return to the place of danger until the danger no longer exists.
48.2 Where an Employer dismisses or penalises an Employee in breach of section 48,
the Employer shall be liable to compensate the Employee in such amount as the Court considers just and equitable in all the circumstances. (2) An Employee is not to be regarded as having been penalised for conduct referred to in subsection (1) if the Employer proves that the Employee's conduct was negligent or inappropriate in the circumstances and that a reasonable Employer would have treated the Employee as the Employer did. 49 48. Work-related injuriesinjury and illness
49.1 The Employer shall immediately obtain, at the Employer's expense if such expense
is not covered by the Employer-providedEmployee’s health insurance, adequate medical assistance for any Employee who suffers an injury as a result of an accident or illness arising out of or in the course of histheir employment.
49. Compensation for employment accidents and occupational diseases
49.2 (1) Where an Employee sustains an injury as a result of an accidentor illness arising out
of or in the course of histheir employment, and the Employee can show that such accident or illness arose as a result of the Employer’s negligence or actions, the Employer shall pay compensation tobe liable to compensate the Employee in accordance with any scale of compensation amounts specified for the purposes of this section by the Board in rules made by the BoardSchedule 1 to these Regulations and shall be liable to a fine not exceeding level 8 on the Standard Fines Scale. (2) No compensation is payable under this section until such amounts have been so specified.
49.3 Where an Employee dies as a result of an accident or illness arising out of or in the
course of histheir employment, and the Employee’s estate can show that such accident or illness arose as a result of the Employer’s negligence or actions, the Employer shall pay compensation to the Employee’s estate equal to no less than 24 months' Wages calculated on the basis of the last monthly wage the Employee was paid before histheir death.
49.4 Where an Employer has failed to pay to the Employee’s named dependants the sum
(or the full sum) due under subsection 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 subsection 49.3 (or, where the Employer has paid a sum which is less than the full sum due under subsection 49.3, a sum equal to the difference between the sum paid by the Employer and the full sum due under subsection 49.3). 50 50. Health insurance
50.1 An Employer is required to obtain and maintain health insurance cover for its
Employees and the Employee’s dependents in accordance with the requirements of the relevant Competent Body.
PART 6 : TIME OFF WORK
51. Right to time off for ante-natal care
(1) An Employee who –
51 Liability of Employer for Employee conduct (a) is pregnant; and
51.1 Subject to subsection 51.2, an Employer may be liable for any act, attempted act or
omission of an Employee done in the course of their employment with the Employer.
51.2 An Employer will only be vicariously liable in accordance with subsection 51.1:
(a) where there is a claim for loss, damages or compensation, if the act, attempted act or omission to which the claim relates is sufficiently connected with an Employee’s employment that it would be fair and just to hold the Employer vicariously liable and the Employer is unable to show that it took all reasonable steps to prevent an Employee from carrying out that act, attempted act or omission; and (b) has, on the advice of a registered medical practitioner, made an appointment to receive antenatal care, is entitled to take time off during the Employee's working hours in order to keep the appointment.in the case of discrimination, harassment or victimisation, if the Employer is unable to show that it took all reasonable steps to prevent an Employee from carrying out that act, attempted act or omission. 52 Contraventions (2) The Employer may request the Employee to provide –
52.1 Where an Employer fails to comply with Part 7, the Employer shall be liable to a fine
not exceeding level 4 on the Standard Fines Scale in each case, unless expressly stated otherwise under the relevant section. (a) a medical practitioner's certificate confirming the pregnancy; and (b) evidence of appointments for ante-natal care.
52. Right to remuneration for time off under section 51
(1) An Employee who is permitted to take time off under section 51 is entitled to be paid for the period of absence at the appropriate Hourly Rate. (2) The appropriate Hourly Rate is the Daily Wage divided by the number of normal working hours in a Business Day for that Employee under the Contract of Employment in force on the day when the time off is taken.
PART 7 PART 8: EMPLOYEE'S OBLIGATIONS
53 53. General duties of Employees at work
53.1 Employees shall, except as and to the extent specified in the Employment Contract,
during the 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) An Employee has a duty, while at work,comply with the health and safety instructions of the Employer and to take reasonable care of the Employee's own health and safety and that of other persons who may be affected by the Employee's conduct. whilst at work;
PART 8 : NON-DISCRIMINATION
(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 offer, promise, give, accept or solicit any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly; (f) not hold themselves in a position which may create a conflict of interest between the Employee and the Employer; (g) serve the Employer faithfully and not compete with or disrupt the business of the Employer; and (h) not disclose to any third party any confidential information of the Employer to any third party, unless such disclosure is made with the consent of the Employer, compelled by a competent court or required or permitted by applicable law or regulation.
PART 9: NON‐DISCRIMINATION AND VICTIMISATION
54 54. Discrimination
54.1 (1) An Employer must not discriminate against an Employee regarding employment
or any term or condition of employment on the grounds of the Employee's – (a) gender; (b) marital status; (c) racepregnancy and maternity; (d) nationalityrace; (e) colournationality; (f) religion; (g) age; and/or (h) Disability.
54.2 (2) Discrimination for the purposes of subsection (1)54.1 means where –
(a) an Employee is treated less favourably than others would be treated in the same circumstances on one of the, or put at a disadvantage not faced by others, because of a prohibited groundsground in subsection (1)54.1; (b) in respect of the application of the samea provision, criterion, or practice, is applied to an Employee is put at a disadvantage not faced by others who are not of that gender, marital status, race, nationality, colour, religion or age, or suffering from a Disability as applicable; orwhich is discriminatory in relation to one of the prohibited grounds in subsection 54.1; or (c) on grounds of one of the prohibited grounds in subsection (1), an Employee is subjected to unwanted treatment or conduct related to one of the prohibited grounds in subsection 54.1 which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive workplace for the Employee or violates an Employee’s dignity.
54.3 (3) For the purposes of subsection (2)54.2(b), a provision, criterion or practice is
discriminatory in relation to any of the prohibited grounds specified in subsection (1) as relevant,54.1 if – (a) an Employer applies, or would apply it, to persons who do not share the characteristics of such Employee; (b) it puts, or would put, persons with whom the Employee shares the characteristic at a particular disadvantage when compared with persons with whom the Employee does not share it; (c) it puts, or would put, the Employee at that disadvantage; and (d) the Employer cannot show it to be a proportionate means of achieving a legitimate aim.
54.4 (4) An Employer may apply a bona-fidebona‐fide occupational requirement to
subsections (2)54.2(a) and (b). A bona-fidebona‐fide occupational requirement is a requirement reasonably necessary for the normal performance of a particular role or occupation.
54.5 (5) For the purposes of this section 54, an Employer discriminates against an
Employee with a Disability if a physical feature of the workplace or an applicable provision, criterion or practice puts the disabled Employee at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, and the Employer fails to take such steps as it is reasonable to have to take to avoidreasonable steps to overcome the disadvantage.
54.6 (6) For the purposes of this section 54, an Employer shall not be liable for
discrimination on grounds of age if it places an Employee (A) at a disadvantage when compared with another Employee of a different age (B), in relation to the provision of any benefits, facilities or services for Employees insofar as that disadvantage is because Employee (“A”) has a shorter length of service than another Employee (“B”) of a different age, provided that the Employer can show that either –
(a) A has continuous service with the Employer of 5 years or less; or (b) Thethe Employer reasonably believescan show that the arrangements for the provision of the relevant benefits, facilities or services fulfil a business needare a proportionate means of achieving a legitimate aim.
54.7 (7) No provision in section 54this Part 9 precludes any law, program or activity that has
as its object the amelioration of conditions of disadvantaged individuals or groups, including those that are disadvantaged because of Disability.
54.8 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 suffered 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 order the Employer to 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 order within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the Standard Fines Scale. 55 Victimisation
55.1 An Employer must not victimize an Employee.
55.2 An Employer victimizes an Employee if it subjects the Employee to a detriment,
including dismissal, because:
(a) the Employee does a protected act; or
(b) the Employer believes the Employee has done, or may do, a protected act.
55.3 Each of the following is a protected act:
(a) bringing proceedings under this Part 9;
(b) giving evidence or information in connection with proceedings under this Part 9; (c) doing any other thing for the purposes of or in connection with this Part 9; or
(d) making an allegation (whether or not express) that the Employer or another person has contravened this Part 9.
55.4 Giving false evidence or information, or making a false allegation, is not a protected
act under subsection 55.3 if the evidence or information given or the allegation made is not in good faith.
55.5 Where an Employer victimises an Employee contrary to section 55, 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 55;
(ii) any injury to feelings suffered 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 order the Employer to 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 order within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the Standard Fines Scale.
PART 10: PROTECTED DISCLOSURES
56 Retaliation by Employer
56.1 In this section a Protected Disclosure has the meaning set forth in section 4(1) of the
Whistleblower Protection Regulations 2024.
56.2 An Employee shall not be in breach of section 53.1(h) of these Regulations for
making a Protected Disclosure.
56.3 An Employer shall not subject an Employee to any civil or contractual liability for
making a Protected Disclosure. An Employer shall not enforce any contractual, civil or other remedy against an Employee for making a Protected Disclosure.
56.4 An Employer and any related party of the Employer must not retaliate, or threaten to
retaliate, against an Employee because the Employee intends to make or has made a Protected Disclosure.
56.5 Retaliation includes, but is not limited to:
(a) dismissing the Employee;
(b) retiring the employee, or requiring or causing the Employee to retire or resign;
(c) refusing or omitting to offer or afford to the Employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; (d) otherwise subjecting the Employee to any action which is reasonably likely to cause detriment or disadvantage, whether due to any act or failure to act by the Employer or a related party of the Employer; or (e) organising to do anything described in subsections (a)-(d).
56.6 Where an Employer or any related party of an Employer retaliates or threatens to
retaliate against an Employee in breach of subsection 56.4 the Employee may apply to the Court for a declaration to that effect and the Court:
(a) may 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 56;
(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; and (b) may order the Employer to 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.
56.7 Where an Employer fails to comply with any order by the Court pursuant to
subsection 56.6 within the period specified it shall be liable to a fine not exceeding level 8 on the Standard Fines Scale and any other sanction available to the Court.
PART 9 PART 11: TERMINATION OF EMPLOYMENT
57 55. Rights of Employer and Employee to minimum notice
57.1 (1) An Employer or an Employee may terminate an Employee's employment in
accordance with this section.
57.2 (2) Subject to subsections (4) to (6)57.4 and 57.5, the written notice required to be
given by an Employer or Employee to terminate an Employee's employment, where the Employee has been continuously employed for 1 month or more, shall not be less than – (a) 7 Days if the period of continuous employment is less than 3 months; or (b) 30 Days if the period of continuous employment is 3 months or more. (3) Any provision for shorter notice in a Contract of Employment with an Employee who has been continuously employed for 1 month or more has effect subject to the minimums specified in subsection (2), but this
section does not prevent either an Employer and Employee from agreeing to a longer period of notice
nor shall it prevent either party from waiving notice or from accepting a payment in lieu of notice.
57.3 This section does not prevent an Employer and Employee from agreeing to a longer
period of notice.
57.4 An Employer may only make a payment in lieu of all or part of an Employee’s notice
period with the Employee’s written consent.
57.5 (4) Subsection (2)57.2 does not apply where:
(a) either the Employer or Employee terminates the employment for cause in accordance with section 56.58; (b) (5) Subsection (2) does not apply where the employment of an Employee has been terminated in accordance with section 31.; (c) (6) Subsection (2) does not apply where the employment of an Employee is terminated in accordance with section 99.2(2d).; or
(d) the Employee is employed under a fixed-term Employment Contract which does not contain a notice period.
57.6 Where the Employer fails to comply with subsection 57.2, the Employer will be liable
to pay to the Employee a sum equal to the Wages and other benefits which the Employee would have received during the outstanding notice period. 58 56. Termination for cause
58.1 (1) The Employer may terminate an Employee'sEmployee’s employment without
noticewith immediate effect for cause. Termination by the Employer for cause means termination due to the Employee'sEmployee’s conduct in circumstances where a reasonable Employer would consider immediate termination with immediate effect to be warranted.
58.2 Where an Employee is terminated for cause due to unauthorised absence from work,
the Employer shall inform the Employee in writing that the Employer will notify the Abu Dhabi Global Market that the Employee has absconded if the Employee does not make contact with the Employer within 7 Days of receiving such notification from the Employer.
58.3 (2) The Employee may terminate histheir employment without notice for cause.
Termination by the Employee for cause means termination by reason of where the Employer havinghas – (a) committed a crime, the commission of which has a material and detrimental impact on the Employee; (b) committed a repudiatory breach of a provision of the Employment Contract of Employment; or (c) materially contravenedcommitted a material contravention these Regulations, which contravention has a material and which has a materially detrimental impact on the Employee. (3) Termination for cause does not include termination under section 31.
58.4 Where an Employee terminates the employment for cause in accordance with
subsection 58.3, the Employee shall be entitled to receive a sum equal to the Wages and other benefits which they would have received during their notice period. 59 57. Right to written statement of reasons for dismissal
59.1 Upon the written request of an Employee who has been continuously employed for a period
of not less than 1 year on the date of termination of employment, an Employer shall provide the Employee with a true and accurate written statement of the reasons for the Employee's dismissal within 14 days of receipt of such request.
59.2 Where an Employer fails to comply with section 59.1, the Employer shall pay to the
Employee a sum equal to one month’s Wages.
60 Right to certificate of experience
60.1 Following the termination of an Employee’s employment an Employer shall provide
the Employee with a true and accurate certificate of experience within 14 Days of receiving the Employee’s written request.
60.2 The certificate of experience shall state:
(a) the name of the Employer and the Employee; (b) the Employee’s commencement date and Termination Date; (c) the job title of the last position held by the Employee; and (d) the last Wages of the Employee.
60.3 Where an Employer fails to comply with this section 60, the Employer shall pay to
the Employee a sum equal to one month’s Wages.
61 58. Pension for UAE and GCC nationals
61.1 Where an Employee is a UAE or GCC National, :
(a) the Employer shall enrol himthem in the relevant UAE or GCC pension scheme in accordance with applicable legislation within 30 Days of the commencement of the Employee’s employment; and he (b) they shall not be eligible to receive an end-of-serviceend‐of‐service gratuity as prescribed in section 59 on termination of employment62 unless such Employee has the written approval of the applicable pension authority not to participate in the Employee'sapplicable UAE or GCC pension scheme and has provided a copy of that written approval to the Employer prior to the termination ofcommencement of their employment or as soon as reasonably practicable thereafter. 62 59. End-of-service gratuity (1) Subject to subsections (5) and (6), an Employee who completes continuous employment of 1 year or more is entitled to a gratuity payment at the termination of the Employee's employment, whether such termination is implemented by the Employer or the Employee but subject to subsection (4).
62.1 An Employee who completes continuous employment of 1 year or more with their
Employer is entitled to an end of service gratuity on the termination of their employment regardless of the reason for termination.
62.2 (2) TheAn Employee’s end of service gratuity payment shall be calculated as follows –
(a) 21 Days' Basic Wage for each year of the first 5 years of service; and (b) 30 Days' Basic Wage for each additional year of service, (b) provided that the total of the end of service gratuity shall not exceed the equivalent of the Employee’s Wages offor 2 years of service.
62.3 The daily rate for theof an Employee's Basic Wage shall be calculated based on the
number of days in the yearby dividing the Employee’s Basic Wage by three hundred and sixty five and by reference to the Employee’s Basic Wage payable to the Employee as at the date of termination of the Employee’s employment. at the Termination Date.
62.4 The Employer may deduct from the end of service gratuity any amounts owed to the
Employer by the Employee.
62.5 An Employee’s end of service gratuity payment shall be calculated on a pro-rata
basis in respect of any part years of employment.
(3) Where the termination occurs prior to the end of any full year of employment, the gratuity payment shall be calculated on a proportionate basis. (4) An Employee is not entitled to a gratuity payment where the employment of the Employee has been terminated by the Employer for cause as defined in section 56(1).
62.6 (5) Where an Employer has established a pension scheme for his Employees, he, the
Employer shall providegive an Employee the option in writing to the Employees the option to choose between participating in the pension scheme or receiving the end-ofservicean end of service gratuity payment. The Employee will not be entitled to benefit from both unless otherwise agreed in writing by the Employer.
62.7 (6) Where an Employee has received a document under subsection (5), he shall
expressly state his62.6, the Employee shall confirm their choice in writing and submit it to the Employer.
60. No other compensation rights on termination
Other than rights under these Regulations and the Employee’s Contract of Employment, an Employee shall have no other rights to compensation or payments from the Employer on the termination of the Employee’s employment.
PART 10 : PROTECTED DISCLOSURES 1
(a) dismissing the Employee is an Overseas Fully Remote Employee; (b) the Employee obtains alternative employment or visa sponsorship in the UAE within 30 days of the cancellation of their Employee Work Permit; or (c) the Employee has been dismissed for cause in accordance with these Regulations. 64 Late Payment
64.1 An Employer shall pay all Wages and any other amounts owing to an Employee,
excluding any Variable Payment, within 14 Days of the Employee’s Termination Date.
64.2 The payment of any Variable Payment may be deferred and subject to other
conditions agreed in writing between the Employee and Employer.
64.3 Subject to subsections 64.4, 64.5 and 64.6, if an Employer fails to comply with
subsection 64.1, the Employer shall pay a penalty to the Employee equal to the Employee’s Daily Wage for each Day that the Employer is in arrears of its payment obligations under subsection 64.1.
64.4 A penalty pursuant to subsection 64.3 will be waived by the Court in respect of any
period during which:
(a) a dispute is pending in the Court regarding any payment due to the Employee under subsection 64.1; or (b) retiring the employee, or requiring or causingthe Employee’s unreasonable conduct is the material cause of the Employee to retire or resignfailing to receive the amount due from the Employer;
64.5 A penalty under subsection 64.3 will only be awarded to an Employee if the amount
due and not paid to the Employee in accordance with subjection 64.1 is in excess of the Employee’s Wage for one week.
64.6 Any penalty under subsection 64.3 shall not exceed the Employee’s Daily Wage for
six months.
PART 12: SANCTIONS AND PROCEDURAL REQUIREMENTS
(c) refusing or omitting to offer or afford to the Employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; 65 Procedures and Powers of the Registrar (d) otherwise subjecting the Employee to any action which is reasonably likely to cause detriment or disadvantage, whether due to any act or failure to act by the Employer or a related party of the Employer; or
65.1 The procedural formalities and protections afforded to an Employer must be
commensurate with the gravity or seriousness of the proposed action.
65.2 If the Registrar considers that an Employer has contravened a relevant requirement
under these Regulations or any subordinate rules, it may take any or all of the following courses of action in relation to the Employer:
(a) issue a private or public censure in relation to such contravention; (b) impose a financial penalty; (c) issue a prohibition order; or (d) (e) organising to do anything described in subsections (a)-(d)enter into an enforceable undertaking. (6) Where an Employer or any related party of an Employer retaliates or threatens to retaliate against an Employee in breach of subsection (4) the Employee may apply to the Court for a declaration to that effect and the Court:
65.3 In this Part a “relevant requirement” means a requirement with which an Employer
must comply under these Regulations.
66 Warning Notices
(a) may 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 –
66.1 If the Registrar proposes to impose any sanction pursuant to its powers under
subsection 65.2, it must provide a warning notice (a “Warning Notice”) to the Employer (the “Warning Notice Recipient”).
66.2 A Warning Notice must -
(a) state the action(s) which the Registrar proposes to take; (b) be in writing; (c) give reasons for the proposed action(s); (d) specify a reasonable period (which may not be less than 14 days) within which the Warning Notice Recipient may make representations to the Registrar; (e) (i) the Employer’s default in failing to comply with its obligations understate whether
section 6169 applies; and
(f) if that section applies, describe its effect and state whether any material exists to which the Warning Notice Recipient must be allowed access under it.
66.3 Following the receipt of a Warning Notice, the Warning Notice Recipient must have
the amount of time specified in the Warning Notice, or such longer time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice.
66.4 The Registrar must consider relevant materials, documentation or information
relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two months starting on the date on which the period for making representations under subsection 66.3 ends, take one or more of the following actions:
(a) abandon all actions proposed by the Warning Notice, in which case it will notify the Warning Notice Recipient of that fact in writing as soon as practicable; (b) issue a subsequent Warning Notice, proposing different or further actions; or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice.
66.5 If the Registrar has not taken any of the above actions within the prescribed period,
the Registrar will be deemed to have abandoned all actions proposed by the Warning Notice. 67 Decision Notices
67.1 If the Registrar decides to take an action referred to in a Warning Notice, it must
provide a Decision Notice (a “Decision Notice”) to the Employer (the "Decision Notice Recipient").
67.2 A Decision Notice must -
(a) be in writing;
(b) give the reasons of the Registrar for the decision to take the action to which the notice relates; and (c) give an indication of any right to refer the matter to the Court which is given by these Regulations. 68 Right to refer matters to the ADGM Courts
68.1 A Decision Notice Recipient may refer the matter to the Court within one month of
receipt of the Decision Notice, which will review the matter in accordance with their own procedures.
68.2 A Decision Notice that has been referred to the Court continues in effect until the
matter has been resolved by the Court, unless the Court determine otherwise. 69 Access to Material
69.1 If the Registrar gives a person ("A") a Warning Notice notifying such recipient that it
intends to impose a fine at or exceeding level 6 on the Standard Fines Scale, it must – (a) allow the person access to the material on which it relied in taking the decision which gave rise to the obligation to give the notice; and (b) allow the person access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision which, in the Registrar's opinion, might undermine that decision.
69.2 The Registrar may refuse A access to particular material which it would otherwise
have to allow A access to if, in its opinion, allowing A access to the material - (a) would not be in the public interest;
(b) would breach confidentiality requirements; or (c) would not be fair, having regard to - (i) the likely significance of the material to A in relation to the matter giving rise to the Warning Notice; and (ii) the potential prejudice to the interests of a person other than A which would be caused by the material's disclosure.
69.3 If the Registrar refuses under subsection 69.2 to allow access to material, it must
give A written notice of -
(a) (ii) any injury to feelings incurred by the Employeerefusal; and (b) the reasons for it.
69.4 The Registrar may refuse A access to particular material on the basis that it consists
of a protected item, in which case, it must give A written notice of - (a) the existence of the protected item; and (b) the Registrar's decision not to allow him access to it. 70 Protected Items
70.1 A person may not be required under these Regulations to produce, disclose or permit
the inspection of protected items.
70.2 "Protected items" means -
(a) communications between a professional legal adviser and his client or any person representing his client which fall within subsection 70.3; (b) communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection 70.3 (as a result of paragraph (b) of that subsection); (c) items which - (i) are enclosed with, or referred to in, such communications; (ii) fall within subsection 70.3; and (iii) any loss sustained by the Employee which is attributable to the matters complained of; andare in the possession of a person entitled to possession of them.
70.3 A communication or item falls within this subsection if it is made -
(a) in connection with the giving of legal advice to the client; or (b) may order the Employer to take specified steps for the purpose of obviating or reducing the adverse effect of any matter to which thein connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings relate on the Employee or any other person.
(7) Where an Employer fails to comply with any such order by the Court pursuant to subsection (6) within the period specified by the Court it shall be liable to a fine not exceeding level 8 on the Standard Fines Scale and any other sanction available to the Court.
70.4 A communication or item is not a protected item if it is held with the intention of
furthering a criminal purpose.
71 Publication
71.1 A Warning Notice, the existence of a Warning Notice and the contents of a Warning
Notice must not be published or disclosed by the Registrar, the Warning Notice Recipient, or any other person.
71.2 The Registrar may publish, in such manner as it considers appropriate, a Decision
Notice, part of a Decision Notice, or such information about the matter to which a Decision Notice relates as it considers appropriate, taking into account the fairness of such publication and the effect on the Decision Notice Recipient, the interests of participants in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole.
71.3 Except with the prior written consent of the Registrar, no other person may publish
or disclose a Decision Notice, part of a Decision Notice or information about the matter to which a Decision Notice relates, except and to the extent that the Registrar has already so published.
71.4 A person, other than the Registrar, who contravenes subsections 71.1 or 71.3 shall
be liable to a fine not exceeding level 3 on the Standard Fines Scale.
PART 11 PART 13: GENERAL
72 62. Rule-makingRule‐making power of the Board and the Registrar
72.1 (1) The Board may make such rules setting out applicable fines and/or appropriate limits of
compensation for non-compliance with obligations underapplying to matters within the scope and objectives of these Regulations as appear to the Board to be in the interests of the Abu Dhabi Global Market.
72.2 Rules made by the Board in accordance with section 72 may contain such incidental,
supplemental, consequential and transitional provision as the Board considers appropriate. (2) Subject to subsection (1), the Registrar may make rules for carrying out these Regulations or for the purpose of furthering one or more of the Regulations’ objectives. (3) Without prejudice to the generality of subsection (2), the Registrar may make rules with respect to the application of these Regulations to Employers. 73 63. Administration of the Regulations
73.1 (1) These Regulations and any rules, made for carrying out the purpose of the
Regulations, shall be administered by the Registrar.
73.2 (2) The Registrar shall, where necessary and appropriate, administer by way of
rules, any activities related to the provision of services in Abu Dhabi Global Market by natural persons who are not Employees.
76 66. Interpretation 2
76.1 In these Regulations, unless the context indicates otherwise, the defined terms listed
below shall have the corresponding meanings – "Basic Wage" means an Employee’s Wage excluding allowances; “Board” means the Board of Directors of ADGM; "Business Day" means a normal businessan Employee’s working day for the Employer as defined in the Employment Contract of Employment; “Competent Body” means any UAE federal or Abu Dhabi governmental, judicial or regulatory authority, including the ADGM; “Court” has the meaning given to that term in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; "Daily Wage" means:
"Basic Wage" means the Employee's Wage excluding any portion of an Employee's Wage received in kind or as allowance for housing, travel, currency exchange (cashier), children's education, social and entertainment or any other type of allowance, bonus or commission payment, or overtime pay. The Basic Wage shall be calculated taking into consideration the total number of Days in a year; (a) an Employee’s Wage divided by 260 for an Employee that works five days per week; "Contract of Employment" means the contract of employment provided under section 5; (b) in all other cases, an Employee’s Wage divided by the product of (i) the average number of days worked be the Employee each week in the preceding 12 weeks; and (ii) multiplied by 52; "Daily Wage" means the compensation received by an Employee as Wages for services performed during a Business Day. The Daily Wage shall be calculated taking into consideration the total number of Business Days in a year; "Day" means a calendar day, unless expressly stated otherwise; “Decision Notice” has the meaning ascribed to it under subsection 67.1; “Decision Notice Recipient” has the meaning ascribed to it under subsection 67.1; "Disability" means a physical or mental impairment that has a substantial and longtermlong‐term adverse effect on an Employee's ability to carry out histheir duties in accordance with the Employment Contract of Employment. An impairment has a longtermlong‐term effect if it has lasted at least 12 months or it is likely to last at least 12 months; "Employee" means an individual who is employed by an Employer under an Employment Contract who either:
Amended 10 July 2024
(a) works or will work in the service of another person under an express or implied Contract of Employment under which the Employer has the right to control the details of work performance; (a) is based within, or ordinarily working within or from the Abu Dhabi Global Market for an Employer; or (b) agreed in an Employment Contract to be subject to these Regulations; “Employee Work Permit” means an Abu Dhabi Global Market work permit issued to an Employee; "Employer" means:
(a) (b) holds an Abu Dhabi Global Market work permitlicensed person; and (b) (c) is based within, or ordinarily working within or from the Abu Dhabi Global Market. as governed by Abu Dhabi Law No. 4 of 2013 (as amended); "Employer" means any person employing an individual to perform services for remuneration of any kind Sponsored Residency Visa” means the Employee’s UAE residency visa if sponsored by the Employer; "Employment Contract" means a contract of service with an Employer whether written or implied and whether oral or in writing under which the Employer controls the individual’s work performance; “Fully Remote Employee” means an individual:
(c) who resides either inside or outside of the UAE; and (d) works under an Employment Contract with an Employer under which the individual's place of work is not at the Employer’s premises within the Abu Dhabi Global Market; "GCC National" means a person who is a national of a country that is a member of the Cooperation Council for the Arab States of the Gulf; "Hourly Rate" means the rate under section 52(2)Daily Wage divided by the number of normal working hours in a Business Day for that Employee under the Employment Contract; "Maternity Leave" means the maternity leave entitlement under section 33(1), or such greater period as may be offered by the Employer under a Contract of Employmentsubsection 33.1; "Maternity Pay" means the pay provided by the Employerto an Employee in accordance with section 34(1)subsection 34.1 during the Maternity Leave; "National Holidays" means the national holidays as provided under section 27(1)subsection 26.1; "Overseas Fully Remote Employee” means a Fully Remote Employee who does not reside in the UAE;
“Part-Time Employee” means an Employee whose Employment Contract stipulates:
(a) less than 8 working hours per day;
(b) less than 5 working days per week; or
(c) terms of employment which otherwise do not constitute full time working under the Employer’s normal practices; "Paternity Leave" means the paternity leave entitlement under section 35(1), or such greater period as may be offered by the Employer under a Contract of Employmentsubsection 35.1; "Pay Period" means – (a) the hourly, daily, weekly or monthly period, where Employees are paid by the hour, day, week or month; or by which an Employee’s pay is determined in their Employment Contract; (b) if an Employee is paid on a flat rate, piece rate, commission or other incentive basis, the Employee's applicable Pay Period; “"Protected Disclosure”" means any disclosure as defined in the Whistleblower Protection Regulations 2024 as may be amended; "Standard Fines Scale" means the standard fines scale set out in the Commercial Licensing Regulations 2015 (Fines) Rules 2020, as amended; "Termination Date" means – “Reference Period” means a period up to 4 months for assessing overtime in accordance with sections 16(2) and 16(3); “Threshold” means 832 hours over a Reference Period of 4 months, pro-rated for shortened Reference Periods; (a) where an Employment Contract is terminated on notice, the date on which the notice expires; (b) where an Employment Contract is terminated without notice, the date on which the termination of employment takes effect; and (c) where an Employment Contract is for a fixed term, the date on which the term expires; "UAE" means the United Arab Emirates; “UAE Fully Remote Employee” means a Fully Remote Employee who resides in the UAE; "Vacation Leave" means the vacation leave entitlement provided by the Employer in accordance with section 22(1), or such greater period as may be offered by the Employer under the Contract of Employment23.1; "Vacation Pay" means the Daily Wage payable during the Vacation Leave; and
"Variable Payment" means any bonus, commission, drawing, distribution, grant, incentive or expense or any other payment made by an Employer to an Employee that is:
(a) discretionary;
(b) calculated by reference to the profits of the Employer or an affiliate of the Employer; (c) non-recurring; or (d) subject to variation depending on the performance of the Employer and/or the Employee. "Wages" means all payments made to an Employee in returnconsideration for work done or services provided under the Contract of Employment Contract, excluding any Variable Pay, multiplied to be expressed as an annualized number.
“Warning Notice” has the meaning ascribed to it under subsection 66.1; “Warning Notice Recipient” has the meaning ascribed to it under subsection 66.1; 77 67. Short title, extent and commencement
77.1 (1) These Regulations may be cited as the Employment Regulations 20192024.
77.2 (2) These Regulations apply to –
(a) an Employer which is,
(i) or was, a licensed person (as defined in the Commercial Licensing Regulations 2015); or (a) (ii) the Abu Dhabi Global Market as governed by the ADGM Founding Lawan Employer; and (b) an Employee.
77.3 (3) With the exception of section 61, theseThese Regulations shall come into force on 1
January 2020. Section 61 of these Regulations shall come into force on the date of publication of the Regulations[TBC]. The Board may by rules make any transitional, transitory, consequential, saving, incidental or supplementary provision in relation to the commencement of these Regulations as the Board thinks fit.
77.4 (4) The Employment Regulations 20152019 and the Employment (Amendment)
Regulations 20152019 (Compensation Awards and Limits) Rules 2019 are repealed. with effect from:
(a) the date of publication of these Regulations for any Employer or Employee in the Abu Dhabi Global Market on or following the date of publication of these Regulations; and (b) six (6) months from the date of publication of these Regulations for any Employer or Employee in the Abu Dhabi Global Market prior to the date of publication of these Regulations.
Schedule 1 - PERMANENT DISABILITIES / DISMEMBERMENT / INJURIES
Nature of permanent/Disability/dismemberment/injuries Maximum Percentage Payable Total loss of sight in both eyes or loss of two eyes 100 Total loss of both arms 100 Total loss of both hands 100 Total loss of both legs 100 Total loss of both feet 100 Total loss of one arm and one leg 100 Total loss of one hand and one foot 100 Total paralysis 100 Mental incapacity as a result of an accident, making the individual incapable of carrying on any kind of work Wounds and injuries to the head or brain which cause continuous headache 100 Total deformation of the face 100 Injuries and wounds to the chest and internal organs which cause a continuous and complete deficiency in the function of these organs Total deafness in both ears 100 Total deafness in one ear 50 Loss of voice 50 Total loss of tongue 100 Loss of sexual organ 100 Total loss of one arm or one hand 65 Total loss of movement of one shoulder 25 Total loss of movement of one elbow 20 Total loss of movement of one wrist 20 Total loss of one thumb 20
Nature of permanent/Disability/dismemberment/injuries Maximum Percentage Payable Total loss of one index finger 15 Total loss of one finger other than the thumb or the index finger 10 Total loss of one leg or one foot 50 Partial amputation of one foot including the toes 35 Unhealed fracture of one leg or one foot 35 Unhealed fracture of one kneecap 30 Total loss of movement of one hip or one knee 20 Shortening of one lower limb by a least 5 centimeters 15 Total loss of one big toe 10 Total loss of one toe other than the big toe 3 Loss of one tooth 3
1.1 The percentages specified above are the maximum percentages payable for a
particular injury and the Court shall award the Employee such compensation (up to such maximum percentages) as the Court considers just and equitable in all the circumstances.
1.2 Where the injuries fall within more than one category above the percentages may be
aggregated and for the avoidance of doubt may come to more than 100%.
1.3 Total loss may be the result of amputation or excision.
1.4 Total loss may also consist of a permanent total Disability in the functions of that part
of the body or organ resulting in a total loss of use of the relevant part of the body or organ. A medical report must support such finding of total loss.
1.5 Compensation may be paid in respect of any partial or less serious Disability or injury
to any of the parts of the body or organ mentioned in the above list according to the level of seriousness or the Disability or injury measured as a percentage of loss of use. The percentage of loss of use must be determined by a medical report. Account should be taken of the victim’s occupation as regards to the impact the injury will have on his ability to continue working.
1.6 Compensation may also be paid in respect of any total or partial or less serious
Disability or injury to any of the parts of the body or organ not mentioned in the above list. The percentage rate for a total loss of such part of the body or organ will be
ascertained by taking into consideration the nearest part of the body or organ in the list. A medical report is required as to the partial loss of use of such part of the body or organ.
1.7 100% is the monetary equivalent of 24 months’ Basic Wages.
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