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UAE Labour Law 2026: 10 Changes That Can Cost Employers Money

  • neetudc
  • 5 days ago
  • 5 min read
UAE Labour Law 2026: 5 Changes That Can Cost Employers Money
UAE Labour Law 2026: 5 Changes That Can Cost Employers Money

Businesses don’t usually fail in the UAE because they lacked ambition. They fail because they treated employment like an “HR matter” until it became a legal problem — a wage complaint, an immigration blockage, a termination dispute, or a non-compete that collapses the moment it is tested.


UAE Labour Law in 2026 is not a single new statute. It is a working system: the main law (Federal Decree-Law No. 33 of 2021), its Executive Regulations (Cabinet Resolution No. 1 of 2022), and a steady stream of ministry practice and policy enforcement. If you are hiring, restructuring, or exiting staff this year, you need to understand the pressure points — where mistakes become expensive.


1) The legal “spine”: what actually governs private-sector employment


Most private-sector employment relationships sit under Federal Decree-Law No. 33 of 2021 and its implementing Cabinet Resolution No. 1 of 2022.


This framework is designed for flexibility — but it expects documentation discipline: correct contract type, correct notice, correct leave accounting, correct end-of-service settlement, and compliant restrictions (like non-competes) that are not drafted as fantasies.


2) Contract flexibility is real — but only if you use the right work model


The law recognises multiple types of work — not just a traditional full-time arrangement. It expressly contemplates different work structures (including part-time and other recognised forms).


The Executive Regulations go further and spell out additional models, including remote work, where the work is performed wholly or partly outside the workplace with an electronic connection.


Why this matters in 2026:


If you are running hybrid teams, project-based hires, or rotating shifts, your risk is not operational — it is documentary. Mismatching the contract model to the reality on the ground is how wage, overtime, leave, and termination disputes start.


3) Probation: the “easy exit” still requires rules, notice, and cost consequences


Probation is capped at six months. The employer can terminate during probation, but must give at least 14 days’ written notice. Employees also have obligations if they move during probation, including notice and potential compensation mechanics reflected in the law’s structure.


Practical point: Probation is not a free-for-all. Use it properly: a clear offer letter, signed MoHRE contract, documented performance concerns, and compliant notice. Sloppy probation exits often convert into disputes because the paperwork trail is weak.


4) Non-compete clauses: 2026 is the year of reality checks


A non-compete is not automatically invalid in the UAE — but it must be limited and defensible. Under the Executive Regulations, a valid non-compete requires clarity on:

  • geographical scope,

  • duration (and it may not exceed two years from contract expiry), and

  • the nature of work that could cause real damage to the employer’s legitimate interests.


If there is a dispute, the matter goes to court and the employer carries the burden of proving the damage. And importantly, the regulations recognise scenarios where the non-compete should not apply, including where termination is attributable to the employer’s will or breach of obligations.


What employers should do: Stop copying non-competes that ban “any work in the UAE for two years.” Draft it narrowly: specific competitors, specific role scope, and a factual explanation of what confidential interest is being protected.


What employees should do: Don’t assume a non-compete is meaningless — but do assume it must be specific, proportionate, and provable.


5) Leave entitlements: the high-friction areas employers keep mismanaging


Annual leave

Minimum annual leave is clearly set: 30 days per year for extended service, and other accrual rules depending on length of service. The employer cannot prevent annual leave being taken for more than two years (subject to the worker’s choice to carry forward or take cash allowance under applicable rules).


Maternity leave

The law provides 60 days maternity leave: 45 days full pay + 15 days half pay, with additional structures for unpaid absence in defined medical circumstances and protections against termination due to pregnancy or maternity leave.


Sick leave

After probation, sick leave can reach 90 days per year (consecutive or intermittent), paid in tiers: 15 days full pay, 30 days half pay, then unpaid.


What changes in practice in 2026: Not the numbers — the enforcement. Leave disputes are increasingly document-driven. If your payroll and HR systems cannot show clean accrual and approvals, you are inviting a complaint.


6) Public holidays and holiday work: extra pay is not optional

Workers are entitled to paid official holidays. If work requires attendance on a holiday, the employer must compensate with a rest day or pay that day’s wage plus at least 50% of the basic wage for that day.

This is the kind of “small line item” that becomes a pattern — and patterns become claims.


7) End-of-service gratuity: still a core liability, still often calculated wrong


For foreign full-time workers with at least one year of continuous service, the gratuity is calculated on the basic wage:


  • 21 days per year for the first five years,

  • 30 days per year after that, capped so the total does not exceed two years’ wage, with further mechanics in the law.


If your contracts blur “basic wage” and allowances, you are not being flexible — you are building an accounting dispute into your exit cost.


8) Termination: the clean exit is the compliant exit


Law lists recognised termination triggers, including expiry of term, mutual agreement, or termination at the request of a party subject to the law’s controls. Separately, the law requires payment of wages and entitlements at contract end within a defined period (and failure here is where most employer-side disputes become harder).


2026 reality: termination letters that look neat but ignore entitlements, leave balances, notice pay mechanics, or documentation will not “close” the matter. They will start it.


9) Labour disputes: the system is designed to push early resolution — and fast enforcement


Where disputes arise, the Ministry plays a central role in settlement. A key point employers and employees overlook: where the claim value does not exceed AED 50,000, the Ministry can resolve it by decision, and that decision has the force of an executive instrument.


If your internal position is weak, a fast process is not your friend.


10) The headline 2026 update: Emirati private-sector minimum wage is now AED 6,000


MoHRE announced that the minimum wage for Emiratis employed in the private sector increased to AED 6,000 per month, effective 1 January 2026, with a window for establishments to adjust certain existing salaries by 30 June 2026.


This sits alongside the broader Emiratisation compliance environment — and it is not cosmetic. It affects payroll, budgeting, offer structures, and compliance posture.


What employers should do in Q1 2026


  1. Audit contracts: Are you using the correct work model (full-time/part-time/remote) and are your actual practices consistent with it?

  2. Fix non-competes: Narrow them so they survive scrutiny, and document the “why” behind them.

  3. Run a leave reconciliation: annual, sick, maternity — and ensure your payroll shows the same story your HR system tells.

  4. Gratuity provisioning: confirm “basic wage” definitions and ensure exit calculations are correct.

  5. Emirati wage compliance: check offers, renewals, and amendments against the AED 6,000 requirement and the adjustment timeline.


What employees should do in 2026


  1. Understand your contract type and what it means for leave and hours.

  2. Track leave and sick leave properly — UAE disputes often turn on records, not stories.

  3. Treat non-competes seriously, but know they must be specific and provable.

  4. At exit, demand clarity: notice pay, leave encashment, gratuity, and settlement timelines.


Contact Juris Maestro


If you are investing in the UAE, your employment structure is not an HR admin task. It is a risk layer that touches immigration, operational continuity, finances, and reputation. Juris Maestro’s position is simple: we don’t dress up advice, we don’t hide the downside, and we don’t draft documents that look impressive but fail when tested.


We tell you what holds — and what doesn’t.


For Employment Law Guidance, Contact Juris Maestro

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