UAE Jobs: Converting Regular Contracts to Remote Work Model

The agreement between a worker and an employer will align with the work types specified in Cabinet Resolution No. 1 of 2022.

Question: I am employed by a Dubai-based company and my work can be done remotely. I am aware that there is a specific work contract model for remote work. How can I convert my existing contract to this?

Answer: Based on your inquiry, it is assumed that you are currently working for a mainland company in Dubai with a regular employment contract and have been physically working from the office. In this case, the relevant regulations governing employment relations, such as Cabinet Resolution No. 1 of 2022 and Administrative Resolution No. 38 of 2022, apply. These regulations provide guidelines for implementing Ministerial Resolution No. 46 of 2022, which covers work permits, offer letters, and employment contract forms.

In the UAE, it is possible for an employer and an employee to mutually agree to work remotely based on Article 5(1) (a) of Cabinet Resolution No. 1 of 2022. This article states that the employment contract can be aligned with any of the work types mentioned in the resolution, as well as additional types, while considering the provisions of Article 7 of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations.

a. Remote work: Some or all of the job tasks are carried out outside of the physical workplace, with communication between the employer and employee taking place through electronic means. This arrangement can apply to both part-time and full-time work.

Additionally, there is the possibility for an employer and an employee to mutually agree to transition from one work model to another. This is governed by Article 10(3) of Cabinet Resolution No. 1 of 2022, which outlines the conditions for changing the work type in an employment contract:

a. Both the employee and the employer must give their approval.

b. All the entitlements specified in the original contract must be paid.

c. The process should adhere to the procedures set by the Ministry.

Based on the aforementioned law, it is possible for you and your employer to reach an agreement allowing you to work remotely without being physically present in the office.

However, according to Article 10(3) of Cabinet Resolution No. 1 of 2022, if you transition to another working model, your employer may be required to fulfill all the service benefits and dues specified in your original employment contract. In your specific situation, it is assumed that there won't be any changes to your remuneration if you and your employer decide to migrate to a remote work model. Consequently, there may not be a need to cancel your existing contract. However, your employer should make modifications to your employment contract with the Ministry of Human Resources & Emiratisation, as stated in the guidelines provided in Administrative Resolution No. 38 of 2022.

To clarify whether your existing employment contract needs to be canceled during the transition to remote work or if it can be modified due to no changes in remuneration and other terms and conditions, you or your employer can reach out to the Ministry of Human Resources and Emiratisation.

News Source: Khaleej Times