An employee who has been with a company for an extended period seeks clarity on the legal provisions regarding opportunities for career progression within the country.
Given your circumstances, if you’re employed in mainland UAE, it seems you may be encountering potential discrimination concerning salary increments and career advancements.
Pertinent legislation in this scenario includes Federal Decree Law No. 33 of 2021 on Employment Relations Regulation and Cabinet Resolution No. 1 of 2022, which enforces Federal Decree Law No. 33 of 2021. These laws provide detailed regulations governing employment relations, including provisions aimed at ensuring fairness, non-discrimination, and equal opportunities for all employees. It’s advisable to review these laws to understand your rights and explore avenues for addressing any concerns regarding salary raises and promotions within your workplace.
Workers in the United Arab Emirates are entitled to the pay outlined in their employment contract, which must be formally filed with the Ministry of Human Resources and Emiratization (MoHRE). Article 8 of the Employment Law expressly states this important clause, which is further supported by the requirements listed in Article 10 of Cabinet Resolution No. 1 of 2022.
Moreover, it is imperative to note that under UAE labor regulations, an employer is strictly prohibited from engaging in discriminatory practices concerning salary payments among employees performing similar job roles. This principle emphasizes fairness and equality within the workplace, ensuring that all employees are remunerated fairly for their contributions regardless of personal characteristics or other extraneous factors. Such a provision serves to uphold the principles of equity and meritocracy, fostering a conducive environment for employee satisfaction and organizational harmony.
As per the provisions outlined in Articles 4(1) and 4(4) of the Employment Law in the UAE, strict regulations are in place to ensure equality and non-discrimination in the workplace.
Article 4(1) explicitly prohibits any form of discrimination based on race, color, sex, religion, national origin, ethnic origin, or disability. This prohibition extends to any actions that may undermine equal opportunities or hinder access to, continuation of, or enjoyment of employment-related rights. Importantly, the article emphasizes that an employer must not discriminate when assigning job duties, emphasizing parity among employees performing similar roles.
Article 4(4) mandates equal pay for equal work, irrespective of gender. It states that for work of equivalent worth, women should be paid the same as men. Additionally, the article states that, on the Minister’s recommendation, the Cabinet shall decide on the protocols, safeguards, and criteria for evaluating work of comparable worth.
These clauses demonstrate the UAE dedication to promoting an inclusive workplace where everyone is treated fairly regardless of their individual traits. By upholding principles of equality and non-discrimination, these laws aim to promote a workplace culture characterized by fairness, meritocracy, and mutual respect.
Furthermore, it is mandated that any employer with a staff of 50 or more employees must establish comprehensive rules and regulations governing various aspects of employment, including promotions, rewards, instructions, penalties, and procedures for termination of employment.
In accordance with Articles 14(1) and 14(4) of Cabinet Resolution No. 1 of 2022, establishments with a workforce of 50 or more employees are obligated to establish comprehensive rules pertaining to the organization of work. These rules encompass various aspects such as the regulation of work instructions, penalties, promotions, rewards, and procedures for termination of employment. However, it is imperative that these rules are formulated in a manner that aligns with the provisions and regulations outlined in the Decree-Law, the Ministry of Human Resources and Emiratisation (MoHRE) of the Resolution, and other legal regulations.
Specifically, the regulations concerning promotions and rewards must encompass clear criteria and guidelines delineating the process for promotions and the criteria for rewarding employees. This ensures transparency and fairness in the implementation of promotional policies and the distribution of rewards within the organization.
As per the laws mentioned, there are no explicit regulations regarding salary increases for employees. However, if you feel that you are being treated unfairly in terms of salary raises compared to your colleagues, there are steps you can take to address the issue.
Firstly, it is advisable to have a discussion with your employer to express your concerns and seek clarification on the criteria and process for salary raises within the company. This dialogue may help resolve any misunderstandings or discrepancies and provide insights into the company’s salary policies.
If the issue remains unresolved, you have the option to file a formal complaint with the Ministry of Human Resources and Emiratisation (MoHRE). It is essential to gather evidence supporting your claim of discrimination or unfair treatment regarding salary raises, such as documentation of salary disparities among colleagues performing similar roles.
Additionally, if your company has established HR policies outlining procedures for salary raises and promotions, and your employer deviates from these policies, you can highlight this discrepancy in your complaint to the MoHRE. Presenting proof of non-adherence to corporate guidelines fortifies your argument and raises the possibility of a successful outcome.
If despite these efforts, the issue persists and remains unresolved, you have the right to pursue legal action through the court system. Consulting with legal experts or seeking assistance from labor rights organizations can provide guidance on navigating the legal process and advocating for your rights effectively.
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