Changing a labour contract in the UAE can be a daunting process for both employers and employees. However, with the right information and some guidance, the process can be relatively simple. In this article, we will guide you through the steps of changing a labour contract in the UAE.
Step 1: Understanding the Labour Law in the UAE
Before we dive into the process of changing a labour contract, it is essential to understand the labour laws in the UAE. The UAE Labour Law governs the employment relationship between the employer and the employee. It is a comprehensive law that covers various aspects such as working hours, salaries, leaves, and employee rights.
The law stipulates that employers must provide their employees with a written employment contract outlining the terms and conditions of employment. The employment contract should be in Arabic and should include essential details such as job title, salary, working hours, leave entitlements, and termination provisions.
Step 2: Discussing the Changes with the Employer/Employer
The process of changing a labour contract typically begins with a discussion between the employer and the employee. The changes can be initiated by either party, but both parties must agree to the changes before they can be implemented.
During the discussion, the employer/employee should outline the proposed changes, and the reasons why they are necessary. The discussion should be held in a professional manner, and both parties must be willing to negotiate to reach a mutually acceptable agreement.
Step 3: Drafting the New Contract
Once both parties have agreed to the changes, the next step is to draft a new employment contract. The new contract should outline the revised terms and conditions of employment and should be in compliance with the UAE Labour Law.
It is recommended that both parties seek legal advice before drafting the new contract to ensure that it covers all necessary aspects and is legally binding.
Step 4: Obtaining Approval from the Ministry of Human Resources and Emiratization (MOHRE)
To change a labour contract in the UAE, both parties must obtain approval from the MOHRE. The approval process involves submitting the new contract to the MOHRE for review and approval.
The MOHRE will assess the new contract to ensure that it complies with the UAE Labour Law and that it is fair to both parties. Once the MOHRE approves the contract, both parties must sign it, and the old contract must be terminated.
Step 5: Cancellation of the Old Contract
The old contract should be cancelled once the new contract is signed and approved by the MOHRE. This can be done by submitting a notice of cancellation to the MOHRE along with the old contract.
Step 6: Updating Relevant Parties
It is essential to update relevant parties such as banks, insurance providers, and immigration authorities of the changes to the employment contract.
In conclusion, changing a labour contract in the UAE can be a simple process if both parties follow the legal procedures and obtain approval from the MOHRE. It is essential to seek legal advice before drafting the new contract to ensure that it is legally binding and complies with the UAE Labour Law.