Ministerial Resolution No. (279) of 2020 on Employment Stability in Private Sector during the Period of Application of Precautionary Measures to Curb the Spread of Novel Coronavirus.
Federal Law No. (1) of 1972 on the Functions of the Ministries and Powers of Ministries and its amendments; Federal Law No (8) of 1980 regarding the Organization of Labour Relations; and as part of the States efforts to combat and contain the spread of Covid-19; and upon the proposal of the Undersecretary of Human Resources Affairs; and for Public Interest.
They have established that all entities working in accordance with the provisions of the Ministry of Labour that have entered into agreements between employers and employees must work together in order to protect the interest of both parties during this period. As well has applying all precautionary measure to avoid spreading the novel Covid-19.
There is a possibility to reorganize work and working staff in agreement with the non-national workers in the following manner:
- Implement remote work system
- Paid leave
- Unpaid leave
- Temporary salary reduction
- Permanent salary reduction
The large majority of establishments will be affected and therefore, those entities with a large workforce shall rotate their workers and all workers must still get their monthly allowance for accommodation until they leave UAE or find another job.
On the other hand, those establishments that wish to promote employment shall prepare a job description and upload the following to the Virtual Labour Market. These workers have the possibility to apply electronically for work permits.Also, those wishing to find employment must also register in the Virtual Labour Market.
Moreover, when it comes to the temporarily reduction of salaries of non-national there must be a temporary supplement to the employment contract (template provided by Ministry of Labour) with a specific term stated. This supplement may be renewed by the parties and each on should have a copy in order to provide to Ministry of Labour if require.
Those who wish to reduce salaries permanently shall apply for an employment contract details amended, and it has to be approved by the Ministry to be enforced.
All mentioned above applies to non-nationals during this period of precautionary measures to ensure curbing the spread of Covid-19.
Resolution of the Attorney General No. (38) od 2929 on the implementation of the List of Violations and Administrative Sanctions issued under Cabinet Resolution No. 17 of 2020
United Arab Emirates Public Prosecution Attorney General
The Attorney General:
- Federal Law No. (1) of 1972 Concerning the competencies of Ministries and authorities of ministries
- Federal Decree- Law No. (2) of 2011 (NCEMA)
- Federal Law No. (14) of 2020 Prevention of Communicable Disease
- Federal Law No. (14) of 2016 on Violations and Administrative Penalties in Fed. Gov.
- Cabinet Resolution No. (17) of 2020 concerning violation of Precautionary Measures and instructions and duties to limit Covid-19
- Ministerial Resolution No. (73) and (36) of 2019 on Establishment of National Emergency, Crisis and Disasters Federal Prosecution
- Precautionary Measures Circulars and Instructions and Duties by MOI, MOH, NCEMA due to concerns of spread of Covid-19.
|Failing to adhere to home quarantine
|Failing to adhere to closure of educational institutions. As well as, opening public parks, gyms, public swimming pool and hotels facilities and any type of tour guiding service
|AED 50,000 for whoever in charge of enity and administrative closure and AED 500 for visitors
|Restrictions such as, gatherings, meeting (public or private), ceremonies, farms, agricultural estates.
|AED 10,000 for who organizes it and visitors AED 5,000
|Violating measure of MOF those coming from abroad
|Refraining from appropriate health procedures of public locations
|Refraining from appropriate health procedures crew on accommodation vessels
|Leaving home for unnecessary reasons other than work or primary needs
|Violating regulations on burial or transport of body who dies from communicable disease
|Exceeding number of passengers per car
|AED 1,000 for driver
|Failing to wear medical facemasks in closed areas or keep safety distance
|Failing to sterilization procedures in public transport
|Approaching healthcare facilities in other cases that have not been prescribed
|Refusing to undergo a medical test
All penalties stated above are doubled if the violation is repeated and is later referred to NCEMA to assume expenses for damages. Authorities are entrusted to ensure the provision and they competent judicial offices shall report the violations and with all details of identity, date and time. They shall collect penalty amount and coordinate with government authorities.
Ministerial Resolution No. (281) of 2020 regulation the Remote work in Private Establishments during the Period of Application of Precautionary Measures to Curb the Spread of Novel Coronavirus
Federal law No. (1) 1972 Functions of Ministry and Powers of Ministries
Federal Law (8). 1980 Organization of Labour Relations
States efforts to combat Covid-19 Under Secretary of HRA and of Public Interest
Private establishments shall minimize work force to 30% and customers to 30%. This article excludes infrastructure projects, catering, telecommunications, power, health, education, banking sector, food processing, hospitality, health supplies and cleaning companies.
Entities must control keeping distance between employees and the disinfection of devices and facilities. All establishments must comply with the precautionary measures in workplaces and have a daily check of employees who might seem ill. This also is applied in labour transport and gathering or mealtimes of workers. The entities have the duty to report a sick worker.
Moreover, working from home applies to all jobs that don’t require physical presence and priority is given to following cases:
- Pregnant women
- Workers 55 and above
- People of determination
- Working suffering from respiratory disease or chronic
- Mothers of children from grade 9 and below.
It is a matter of coordination work via smart applications to ensure business continuity. The employee shall be available for employer via telephones and computers.
Cabinet Resolution No. (17) of 2020 Regulating the Violations of Precautionary Measures and Instructions and Duties Imposed to Curb the Spread of Novel Coronavirus (Covid-19)
Federal Law No. (1) 1972 Functions of Ministry and Powers of Ministries
Federal Law No. (17) of 2006 ESCNS
Federal Law No. (2) of 2011 NCEMA
Federal Law No. (14) of 2014 Control of Communicable disease
Federal Law No. (14) and (33) of 2016 Concerning Violations and Administrative Sanctions in Federal Governments and Implementing Regulation of Communicable diseases.
No natural or legal person shall violate the precautionary and preventive measures and instructions and duties regarding health and safety prevention to control spread of Covid-19. Entities should also advertise and publish all measures.
The Ministry of Interior and General Headquarters of Police in UAE and competent judicial officers of Federal and Local Government authorities must always ensure and control that preventive measures are being taken place. Additionally, give alert and instruct and also make reports if any of the restrictions are violated.
Any person that violates the measures implemented will be fined not less than AED 500 and no more than AED 50,000. If the violator chooses not to pay the government authorities shall seek assistance.
The legal or natural person that has violated any precautionary measure may file a grievance against the administrative sanction within 15 days and it is submitted to the Emergency, Crisis and Disasters Prosecution of the Federal Public Prosecution. The government authority has 15 days to answer to individual or entity and may take the following actions:
- Reject the grievance
- Reduce the administrative sanction
- Cancel the administrative sanction
Temporary Guide Regulating the remote work in Private Establishments Annexed to the Ministerial Resolution No. (281) of 2020.
Federal Law No. (8) of 1980 regarding the Organization of Labour Relations and its amendments
This guide is temporary and regulates remote work in private sector.
Remote work is a working system whereby the worker preforms his job duties outside the workplace of establishment with which is bound to the employment contract.
Obligations of Employer:
- Provide tools to perform remotely using online platforms
- Provide standers of competence and productivity, such as deadlines
- Provide specific work periods
- Ensure availability of safe technological environment
- Follow remote workers to ensure their observance of working hours and completion of tasks
- Facilitate communication of remote workers with colleagues and management. Also access to information and platform necessary for work
Obligations for remote workers:
- Obtain employer´s approval
- Report to workplace when requested
- Perform tasks within time frame
- Be available
- Maintain confidential information and documents
- Provide employer with proof of accomplishments and productivity
- Work devices provided must be maintained in good conditions and return when requested
All persons and entities working in accordance with these rules shall be governed by the Labour Relations Law and the relevant legislation promulgated in this concern.
If you require future assistance on the matter, please do not hesitate to contact us at United Advocates.