Khaleej Times, Monday, Jun 05, 2023 | Thul-Qidah 16, 1444
Dubai: Can employer legally change employee's job description, add more duties?
Emirates:
Question: I work in a mainland company in Dubai. I accepted a job offer
after going through the requirements thoroughly. The management is now changing
my job description to add more tasks. Is this legal?
Answer: Pursuant to your query, as you are employed in the mainland of Dubai,
the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of
Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation
of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment
Relations are applicable.
In the UAE, an employer may not assign another work to an employee which is
substantially different from the work agreed upon in an employment contract.
However, an employer may call upon an employee to do another work only in cases
of emergency or to rectify the work assigned to an employee. This is under
articles 12 (1) & (2) of the Employment Law, which states,
“1. An employee may not be assigned with another work which is substantially
different from the work agreed upon in the employment contract, unless such an
assignment is necessary or aims to avoid an accident or rectify the consequences
thereof, provided that the assignment is temporary as specified by the Executive
Regulations of this Decree-Law.
“2. An employer may, in cases other than those stated in paragraph (1) above,
entrust the employee with a work that is not agreed upon in the employment
contract, with the written consent of the employee.”
The aforementioned Article 12 of the Employment Law is read with Article 13 of
the Cabinet Resolution No. 1 of 2022, which states:
“1. Subject to the provisions of Article (12) of the Decree-Law, an employee may
be assigned to alternative work that is fundamentally different in nature from
the contractually agreed work, as an exception that is considered necessary, or
to prevent an accident, or to repair damage caused by the worker. The maximum
limit for assigning the employee to such work shall be of (90) ninety days per
year.
“2. In application of Clause (1) of this Article, ‘fundamental difference’ shall
mean that the work to which the employee is assigned is completely different
from the nature of his profession or his academic qualification.”
However, an employee may quit his employment without serving notice to an
employer upon filing a complaint with the Ministry of Human Resources &
Emiratisation (MoHRE) if an employer assigns substantially different work. This
is in accordance with Article 45(4) of the Employment Law, which states, “An
employee may quit the work without notice and reserve all his entitlements at
the end of service if the employer entrusts the employee with a work that is
substantially different from the work agreed upon in the employment contract,
without the written consent of the employee, except in cases stated in Article
12 hereof."
Moreover, if you do not wish to carry out additional work assigned by your
employer which is not mentioned in your employment contract, the employer may
not force you to carry out such work. This is in accordance with Article 14(1)
of the Employment Law, which states, “An employer may not use any means
susceptible of obliging or forcing an employee or threatening him with any
penalty, to work for him, or forcing him to do a work or deliver a service
against his will.”
Based on the aforementioned provisions of law, the Employment Law and its
subsequent ministerial resolutions are silent on assigning additional work to an
employee other than those mentioned in the employment contract. The
aforementioned provisions of laws are specific that if an employer assigns work
which is different from the designation and profession of an employee, such
assignment of work is not legal. If your employer assigns additional work other
than those mentioned in your employment contract and if such additional work is
not similar to your designation and profession, then you may file a complaint
against your employer with the MoHRE.