In the bustling city of Dubai, a question arises for employees faced with tasks beyond their job descriptions. This concern, while not uncommon, prompts an exploration of legal avenues and resolutions for those in similar predicaments. If an employee in a private company is asked to step outside the defined boundaries of their role, what recourse do they have, and can they file a complaint without jeopardizing their position?
Understanding Employment Laws in Dubai
Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations lays out the foundation of employee rights in Dubai. According to Article 12(1) & (2) of the Employment Law, an employee cannot be assigned substantially different work from what is stipulated in the employment contract without their written consent unless it is necessary to avoid an accident or rectify its consequences temporarily.
Furthermore, Article 14(1) of the Employment Law explicitly prohibits employers from using coercion, threats, or penalties to force employees into performing tasks outside their agreed-upon scope of work.
Legal Protections for Employees
If an employer insists that an employee takes on duties significantly different from their designated role, the employee has legal grounds for action. According to Article 45(4) of the Employment Law, the employee can resign without notice and retain all entitlements at the end of their service. This provision acts as a safeguard against undue pressure or coercion by employers.
Navigating the Situation
For the concerned sales professional asked to participate in promotional/marketing videos, the key lies in understanding the employment contract terms. If the contract explicitly limits the role to sales without mention of additional responsibilities, the employee can assert their rights and decline the request.
Conversely, objection may not be warranted if the contract encompasses broader responsibilities indirectly related to sales, such as promotional activities. In such cases, cooperation becomes essential for harmonious employer-employee relations.
Recourse for Unjust Demands
Should an employer persist in pressuring an employee to undertake tasks beyond the agreed-upon scope, the employee can file a complaint with the Ministry of Human Resources and Emiritisation (MoHRE). Based on the advice received, the employee may resign without serving the notice period, citing the employer’s breach of the employment contract.
If termination follows the employee’s refusal to comply with unreasonable demands, the aggrieved party can escalate the matter further. Filing a complaint with MoHRE and subsequently pursuing an employment case in Dubai Court can be avenues for seeking justice and upholding employment rights.
Conclusion
In the dynamic landscape of Dubai’s corporate world, understanding and asserting one’s rights is crucial. Employees should be aware of their legal protections and take appropriate action when faced with demands beyond their job scope. The Employment Law serves as a guide, ensuring a fair balance between employer expectations and employee rights. By navigating these legal avenues, employees can protect their interests and contribute to a workplace culture grounded in respect and compliance.
