UAE jobs: Can employees reject inter-emirate transfers if transport isn’t covered?

Question: I currently live and work in Sharjah. My boss recently informed me that I am being transferred to the company’s headquarters in Dubai. My commuting costs will obviously increase significantly, but my boss says all other terms and conditions of my employment contract will remain unchanged. Do I have any grounds to contest the transfer? 

Answer: Pursuant to your queries, the provisions of the UAE employment law and the subsequent resolutions are applicable.

Recommended For You

Flydubai FZ1073 timeline: From flight-deck altercation to terror-link probe

UAE investigation finds flydubai co-pilot tried to carry out terrorist act

Sheikh Hamdan visits flydubai pilot Smit Machchhar injured in terror act

Saudi-led coalition intercepts Houthi missile attack towards Khamis Mushait

Dh115-million drug bust: Dubai Police arrest 14, seize 2.3 tonnes of narcotics

 

An employment contract must clearly state the key terms of employment, including the employer and employee’s details, job and qualifications, start date, workplace, working hours, salary and benefits, leave, probation period, contract duration, notice period, and termination terms. This is in accordance with the Article 10 (1) of the Cabinet Resolution no. (1) OF 2022 on the implementation of Federal Decree-Law NO. (33) OF 2021 Regarding the Regulation of Labour Relations,

“1. The employment contract should include the name and address of the employer, the name, nationality and date of birth of the worker, proof of his identity, his qualification, the job or occupation, the date of work commencement, the workplace, the working hours, the rest days, the probationary period, if any, the term of the contract, the wage agreed upon including the benefits and allowances, the annual leave entitlements, the notice period, the procedures for terminating the employment contract and any other data determined by the Ministry in order to regulate the relationship between both parties.”

Further, Article 12 (3) of the Federal Decree by Law No. (33) of 2021 Regulating Labor Relations provides that where an employee is required to change his place of residence in order to undertake different work, an employer is required to bear the resulting financial costs, including relocation and residence costs.

3. If performing the work that is not agreed upon in the employment contract requires that the Worker changes his place of residence, the Employer must bear all the financial costs resulting therefrom, including the costs of the worker’s displacement and residence.”

In accordance with the aforementioned provisions of the law, if your employment contract expressly provides your employer the right to assign you to another workplace or emirate such as Dubai, and you have agreed to such provision, then you may not have merit to object to the transfer solely on the basis of increased commuting or transportation costs. However, you may discuss the increase in transportation costs and aim to amicably resolve this with your employer.

In the event that a dispute arises concerning an employee’s contractual rights, an employee may submit a complaint to the Ministry of Human Resources and Emiratisation which may seek to resolve the dispute amicably and, where an amicable settlement cannot be reached, refer the matter to the competent court in accordance with the applicable procedures.

 Applicable laws: 

• Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations.

• Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, media, PO Box 11243, Dubai.

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.