In Dubai, employees who are asked to perform tasks outside of those specified in their employment contracts have specific legal protections.
Question: I work for a mainland company in Dubai, where I was initially hired for a specific role. However, my employer has now requested that I acquire new skills and take on a completely different job. Is this practice legal? If not, can I take legal action against the company?
Answer: In the UAE, an employer cannot assign tasks outside the scope of an employment contract without written consent from the employee. According to Article 12 of Federal Decree Law No. 33 of 2021, an employee can only be assigned different work under exceptional circumstances, such as to prevent an accident or rectify its aftermath, and such assignments must be temporary. If the employer needs the employee to perform work not outlined in the contract, they must obtain the employee’s written consent. Additionally, any costs incurred for relocation or accommodation due to such assignments must be covered by the employer.
Article 13 of the Cabinet Resolution No. 1 of 2022 further limits the duration for which an employee can be assigned fundamentally different work to 90 days per year. The term "fundamental difference" refers to tasks that are completely unrelated to the employee's profession or qualifications.
Employers are also required to invest in employee skill development through relevant training, as per Article 13(5) of the Employment Law. However, employers cannot coerce or threaten employees into performing tasks against their will, as stated in Article 14(1).
If an employee is asked to perform significantly different work without consent, they may terminate the contract immediately without notice and still receive all end-of-service entitlements, according to Article 45(4). Employees facing coercion or threats should consider reporting the issue to the Ministry of Human Resources and Emiratisation.
News Source: Khaleej Times
