Employment Affairs Office

What is the vacation entitlement?

Employer shall give an Employee a minimum paid vacation leave of 20 business days per year to be accrued pro rata for Employees who have been employed for at least 90 days.

Can accrued, but untaken leave be carried forward?

Yes - An Employee is entitled to carry forward his accrued but untaken vacation leave up to a maximum of 5 business days into the next year for a maximum period of 12 months after which the unused leave shall expire.

Can Employers determine when vacation is taken?

Yes - an Employee should give an employer at least 7 days notice of proposed leave, which the Employer may reject.

Who is eligible for an End of Service gratuity?

An Employee who completes continuous employment of 1 year or more is entitled to a gratuity payment at the termination of the Employee's employment. Please note, if the employer terminates the contract due to employee’s acts such as employee misconduct, violation of employment contract and violation of ADGM employment Regulations, End of Service does not need to be paid.

How is End of Service gratuity calculated?

End of service should be calculated as follows:

(a) 21 days' basic wage for each year of the first 5 years of service; and

(b) 30 days' basic wage for each additional year of service, 

provided that the total of the gratuity shall not exceed the wages of 2 years of service.

End of service is calculated according to the latest paid basic wage.
What is the basic wage?

Basic wage is the employee wage excluding any allowances, bonus, commission etc.

What are standard working hours?

An Employee's working time shall not exceed an average of 48 hours for each 7 day period unless the Employer has first obtained the Employee's freely-given and informed consent in writing.

Should overtime be paid for any additional hours worked?

The ADGM employment regulations do not specify whether overtime should be paid. This is to be negotiated and agreed between the Employer and Employee.

What are the types of records that an Employer needs to keep?

For each employee, the employer shall keep a defined set of documentation, examples include, a copy of the employee's contract of employment, date employment began etc. To view the full list, please refer to section 11, Employment records of the ADGM Employment regulations.

Should an employment contract be issued?

Yes. The Employer shall give to each Employee a copy of the written contract of employment that has been signed by both the Employer and the Employee.  The written contract of employment shall be provided to the Employee not later than two months after the commencement of the employment.

What is the Maternity leave entitlement in ADGM?

An employee is entitled to at a minimum 65 days maternity leave. The terms of this leave entitlement are outlined within section 33 of the Employment Regulations.

What is the payment entitlement during approved Maternity leave?

The first 33 days of maternity leave = Normal daily wage

The next 32 days of maternity leave = 50% of the normal daily wage

Is maternity leave taken out of annual vacation allowance?

No - Annual leave shall continue to accrue during maternity leave and may be taken separately. In addition, any national holidays falling on a business day within the maternity leave period shall be treated as additional leave thereby having the effect of extending the maternity leave by the period of the national holiday.

Is the period of probation included for the purposes of calculation of gratuity and other termination benefits?

Yes, the probation period once completed, will be considered as employment with the employer. It will be taken into account in calculating gratuity and other termination benefits.

Can the probationary period be waived?

Yes, the parties to the contract may agree to commence the employment without probation. Probation is not compulsory. Further it is left to the discretion of the parties to agree upon the actual term of the probationary period subject to a maximum of six months.

Please seek professional / legal advice.