In the UAE, it is illegal for an employer to assign an employee a nature of work that is substantially different from what is mentioned in the employment contract without the written consent of the employee. This is stated in Article 12 of Federal Decree Law no 33 of 2021 Regarding the Regulation of Employment Relationships. The law also specifies that any costs incurred as a result of the employee being required to perform a different work should be borne by the employer.
Additionally, Article 13 of the Cabinet Resolution No. 1 of 2022 allows for exceptions where an employee may be assigned alternative work that is fundamentally different from the agreed work in emergency situations. This assignment is limited to a maximum of ninety days per year. Employers are also obligated to invest in developing the skills of their employees through training and other relevant programmes.
However, it is important to note that an employer cannot force or threaten an employee to perform a different nature of work. According to Article 14(1) of the Employment Law, employers are prohibited from using any means to obligate or force an employee to work against their will. If an employer assigns an employee work that is significantly different from the contract without their consent, the employee has the right to terminate the employment contract without serving the notice period.
If an employee feels pressured or coerced by their employer to perform tasks outside the scope of their original contract, they can file a complaint with the Ministry of Human Resources and Emiratisation. It is advisable to seek legal advice to understand the options available in such situations. Employees should be aware of their rights and not hesitate to take appropriate action if they feel their rights are being violated by their employer.
In conclusion, it is essential for both employers and employees to adhere to the provisions of the UAE labor laws when it comes to assigning work duties. Employers should seek written consent from employees before assigning them work that is substantially different from the agreed-upon contract. Employees should be aware of their rights and take action if they feel that their employer is not following the laws governing employment relationships in the UAE. Consultation with legal experts can provide guidance and assistance in dealing with such issues effectively.
