INTRODUCTION
The Abu Dhabi Global Market (ADGM) Employment Regulations 2024 have been issued by the ADGM to replace the earlier regulations issued in 2019 and have added several new provisions making the law comprehensive and updated with the changing employment mark. The new Regulations shall come into effect from 1st April 2025. This write-up is an effort to understand the important changes made to the regulation.
Remote Workers
The employment market post-COVID has seen an increase in the acceptance of remote work, a unique setup that allows employees to work for a company based in the UAE while not being physically in the company. This includes UAE and foreign workers working remotely. The 2024 Regulations make it an obligation of the Employer to provide the Employee with the necessary technical equipment.
Working Time and Leave
Although the new law provides for similar working hours, i.e., 48 hours a week, the new regulations have removed the reference to overtime payment and compensation. However, the employer will now be required to obtain explicit written consent before subjecting an employee to overtime.
Maternity and Paternity Pay and Ante Natal Care
Mother and father of an adopted child can now take maternity and paternity leave after adopting a child who is below the age of six months. The earlier law had limited the maternity leave for an adopted child below two months and had no provision for paternity leave for an adopted child.
The new regulations provide for antenatal care leave not just for the pregnant employee but also for an employee whose wife is pregnant. Further, an employee applying for adoption can also take reasonable time off work to attend adoption proceedings.
Employee Obligations
The new regulations impose certain obligations over an employee which were missing in the previous law which include,
– Performing employment duties with reasonable diligence and care
– Obeying Employer’s orders which are legal and consistent with employment duties,
– Complying with health and safety obligations,
– Taking reasonable care of Employer’s property and not disclosing employer’s Confidential information to third parties,
– Serving the employer faithfully.
Work-Related Injuries
The new law provides for a comprehensive mechanism to award compensation to an injured employee. For instance, Schedule 1 provides that an employee losing eyesight in both eyes will be provided with up to 100% compensation which is equal to two years basic wages. Any form of additional injury would lead to aggregation of compensation and may result in the award of compensation for more than 100%.
EOS Gratuity Payment
The 2019 regulations allowed the Employer to refuse end of service gratuity to an Employee in case the employment was terminated for a cause. However, a similar provision has been removed in the 2024 regulation and an employee is entitled to gratuity regardless of the reason of termination.
CONCLUSION
The new regulations in addition to the above provide for additional regulations prohibiting an employee from Victimisation in case such an employee has done any protected acts. The new regulations will bring a culture of accountability on both employer and employee equally and will lead to improved trust in workspaces where the rights and duties of both parties are ensured through law.
For more information, you may contact:
Francesca Romana Valeri
