Question: I work in a mainland company in Dubai and was hired to do a particular job. However, my company asked me to upskill and perform something entirely different. Is this legal? If not, can I file a case against the company?
Answer: In the UAE, an employer may not assign a nature of work different from those mentioned in the employment contract to an employee without the employee’s written consent. This is in accordance with Article 12 of Federal Decree Law no 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments, which states:
“1. An employee may not be assigned another work which is substantially different from the work agreed upon in the employment contract, unless such an assignment is necessary or aims to avoid an accident or rectify the consequences thereof, provided that the assignment is temporary as specified by the Executive Regulations of this Decree-Law.
2. An employer may, in cases other than those stated in paragraph (1) above, entrust the employee with work that is not agreed upon in the employment contract, with the employee’s written consent.
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3. Where the employee is required to perform a work not agreed upon in the employment contract or to change his residence, all resulting costs, including the relocation and accommodation costs, shall be borne by the employer.”
The provision above of law is also read with Article 13 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, which states,
1. Subject to the provisions of Article 12 of the Decree Law, the employee may be assigned to alternative work that is fundamentally different from the contractually agreed work as an exception that is considered necessary to prevent an accident or to repair damage caused by the employee. The maximum limit for assigning the employee to such work shall be (90) ninety days per year.
2. In application of clause (1) of this Article, “fundamental difference” shall mean the work to which the employee is assigned is completely different from the nature of his profession or his academic qualification.”
It may be an employer’s obligation to invest in developing the existing skills of its employees by providing them with relevant training and conducting programmes and tools that are helpful (if any) in upgrading their existing skills. This is in accordance with the Article 13(5) of the Employment Law, which states,
“Investing in the development of the skills of employees working for its service and providing the minimum amount of training, qualification and empowerment tools and programmes as per the provisions of this Decree-Law and it’s Implementing Regulation;”
However, an employer may not force or threaten an employee to perform a work. This is in accordance with Article 14(1) of the Employment Law, which states, “An employer may not use any means susceptible of obliging or forcing the employee, or threatening him with any penalty, to work for him, or forcing him to do a work or deliver a service against his will.”
If an employer asks an employee to perform any other work, without the consent of an employee, other than those mentioned in the contract based on the employee’s designation, then an employee may terminate the employment contract without serving the notice period required to terminate the employment contract. This is under Article 45(4) of the Employment Law, which states, “The employee may quit work without notice and reserve all his entitlements at the end of service if the employer entrusts the employee with a work that is substantially different from the work agreed upon in the employment contract, without the written consent of the employee, except in cases stated in Article 12 hereof.”
Based on the aforementioned provisions of law, if your employer is calling upon you to take up work which is significantly different from the work stated in your employment contract, the employer should obtain your written consent for taking up such change in work. However, your employer may call upon you to take up work fundamentally different from your designated work only in an emergency, and such assignments should be at most 90 days. However, your employer must invest in the development of your skills through training. However, an employer cannot force you to undertake new tasks without your consent. If you feel pressured by your employer to perform tasks outside the scope of your original contract, including threats or coercion, you may resign immediately.
Furthermore, if your employer is compelling you to do a different nature of work without your consent, you may approach the Ministry of Human Resources and Emiratisation and register a complaint against your employer.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.