Tim Elliott
Welcome to Lawgical, the UAE’s first—and still the only—legal podcast, as we believe. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm HPL Yamalova & Plewka, and as ever, here’s the managing partner, Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to see you too, Tim.
Tim Elliott
This time, it’s a very special edition of Lawgical. We took a quick look at the new UAE Employment Law recently, and I want to get into detail because there’s an awful lot to discuss. I want to make this a little easier to digest and split it into six relatively easy pieces. Let’s start with something brand new—equality in the workplace. The new law really spells out attitudes to how people should be treated at work.
Ludmila Yamalova
Indeed. And once again, we’re talking about the new Law No. 33 of 2021, regulating employment relationships. This is a federal law, so it applies across the UAE to all private sector companies and employees, irrespective of where they’re located—except for the DIFC and ADGM free zones, which have their own employment laws. Otherwise, these laws apply to everyone, be it onshore or offshore companies.
As you rightly said, one of the most groundbreaking provisions in the new law is the section on equality and non-discrimination. Specifically, Articles 4 and 14 explicitly prohibit all forms of discrimination and ensure equality in the workplace. For example, the law prohibits discrimination based on race, color, sex, religion, national origin, ethnic origin, or disability.
Tim Elliott
That’s a big step forward. Are there any exceptions?
Ludmila Yamalova
Yes, there’s an exemption for special treatment of UAE nationals. That’s understandable. However, there’s also an entire provision ensuring that female workers have the same rights and protections as all other employees. Additionally, Article 14 specifically addresses anti-harassment, spelling out forms like sexual harassment, bullying, verbal abuse, physical abuse, and mental abuse. Notably, the term “sexual harassment” has been expressly included for the first time.
This entire section is new and detailed, broadening the scope of what constitutes discrimination and harassment. Companies are expressly forbidden from engaging in such practices.
Tim Elliott
Are there penalties if a company violates these provisions?
Ludmila Yamalova
Absolutely. There’s a section on sanctions and penalties for non-compliance. Companies can face fines for discriminatory policies or practices, in addition to employees seeking compensation. These penalties act as a deterrent for companies to comply with the new law. It will be interesting to see if authorities conduct inspections and issue fines to enforce these regulations.
Tim Elliott
You mentioned female employees earlier. The law now mandates equal pay for men and women, correct?
Ludmila Yamalova
Correct. Interestingly, the previous law also had a similar provision, but it wasn’t well-known. A few years ago, the law was amended to specify that equal pay applied not just to identical roles but also to work of comparable value. The new law goes further, with detailed protections mandating equal pay, not just across genders but also across other demographic factors like nationality and religion.
Tim Elliott
That’s great to hear. Thank you for clarifying.
Ludmila Yamalova
It’s my pleasure, Tim.
Tim Elliott
That’s part one of our series on the new UAE Employment Law—equality in the workplace. And that’s another episode of Lawgical. Updates to the UAE Employment Law, split into six easy pieces—or one larger podcast, depending on how you like to listen. Ludmila Yamalova is the managing partner here at Yamalova & Plewka, and as always, our legal expert. Thank you, Ludmila.
Ludmila Yamalova
Thank you, Tim. It’s always insightful to chat with you.
Tim Elliott
You can find us on social media at LYLaw—Facebook, Instagram, LinkedIn, and TikTok. We also have an easy-to-search library of hundreds of podcasts on legal issues here in the UAE, all free to download and listen to. If you’d like a legal question answered in a future episode of Lawgical, or a consultation with a qualified UAE legal professional, click the contact button at lylawyers.com.
