Interactions between Employee Dismissal Practices and the UAE National Service Law
UAE / Dispute Resolution
Law Update: Issue 360 - Africa and Transport & Logistics
Ammar AlkaabiAssociate,Dispute Resolution
This law article addresses the intersection of employment and national service regulations in the United Arab Emirates (UAE). It outlines the obligations of employers, particularly in light of the UAE’s recent Emiratization initiative and Federal Law No. (6) of 2014 concerning the national and reserve service and its amendments (the “National and Reserve Service Law”). This article aims to clarify an employers' responsibilities and considerations when terminating an employee who is serving or will serve in the national and reserve service.
Employers in the UAE are required to uphold and respect their employees' rights, including but not limited to non-discrimination, just treatment, secure working environments, job types, work regulations, ensuring the employee’s ability to perform his duties, and adhering to national legal standards and requirements. This includes compliance with the National and Reserve Service Law, which is designed to provide improved protection to Emirati employees in both the private and public sectors.
Article 2 of the National and Reserve Service Law states that:
“The National Service shall be imposed on all male nationals; female nationals may be enlisted for national service voluntarily and under the approval of their guardians in accordance with the provisions stipulated by this Law and the executive regulations, resolutions and directives thereof.”
The prerequisites for joining the national military services are defined in Article 3 of the same law, which states that:
“The following conditions shall be available in any such person recruited for National Service:
To be a State national.
To be in the age of 18 but not exceeding the age of 30.
To be medically fit.
The approval of the National and Reserve Service Committee shall be obtained.”
Generally, Emirati males between the ages of 18 and 30 are required to serve in the military. The standard duration of military service in the UAE is currently 11 months for male recruits who hold a high school diploma or higher, while those without a high school diploma are obligated to serve for three years.
However, there may be exceptions and variations depending on factors such as physical limitations, medical conditions, certain educational accomplishments, or other special circumstances. Certain people may be exempted from military service or have their service period reduced. The National and Reserve Service Law outlines the specific criteria.
After completing their active-duty service, individuals may be enrolled in the reserve force. The reserve force is composed of former military personnel who can be called upon to serve during emergencies or specific military operations.
Article 12 of the National and Reserve Service Law states that:
“Federal and local government bodies and the private sector are obligated to allow their citizen employees who meet the conditions to join the national military service. They are also obliged, whether they are civil, military or private, to not appoint male citizens to whom the conditions for joining the national military service apply according to the provisions of Article (3) of this Law unless they have a national military service card or one of the certificates that determine their position on national military service.”
Pursuant to Article 12 above, a company is not permitted to employ an individual who satisfies the legal requirements to join the national military service, unless they have the national military service card or one of the certificates that determine their position on national military service. Failure to abide with Article 12 and/or any other article of the National and Reserve Service Law may expose the employer to an inquiry by the Military Public Prosecution.
As a result, Private sector employers need to be aware of the military obligations of their Emirati employees. When hiring or managing Emirati employees who are eligible for national military service, employers must ensure compliance with the National and Reserve Service Law.
If an employer elects to terminate the contract of an Emirati employee in the probationary period, who is eligible but has not yet joined the army, then the Employer may be subject to an investigation and/or the imposition of penalties by the military prosecutor for possible infringement of Article 12.
Employers are entitled to terminate an employee's service during the probation period, provided a written notice is given 14 days in advance. Article (9/1) of Federal Decree by Law No. (33) of 2021 regulating labour relations (the “Labour Law”) states that:
“The Employer may appoint the Worker under the Probation Period for a period not exceeding six (6) months as of the date of commencing work, and he may terminate the Worker's service during this period after notifying the Worker in writing at least fourteen (14) days prior to the date specified for termination of service.”
However, if an employer terminates the employment contract solely due to an employee’s eligibility for miliary service, it may be considered a violation of the employment protection provisions, specifically non-discrimination.
The general position is that an employee’s national service alone should not be a valid reason for termination by the employer. The National and Reserve Service Law provides protection to the employees who are fulfilling their national services obligations.
Article 28/1 of the National and Reserve Service Law states that:
“The ministries, government departments, federal and local public authorities and institutions in addition to the private sector shall be obliged to maintain the job or equal work of any of its employees or workers who are recruited or recalled for military service until such persons finish the national military service period or the recall period. The job or work of the employee recruited or recalled may be occupied temporarily during this period.”
According to the above article, employers are required to keep their employees who are recruited or recalled (reserve) for military service on the job until they complete their period of national military service. As a result, the Military Prosecution reserves the right to interrogate the employer and take appropriate actions, including levying fines and initiating criminal proceedings.
If an employee, who has completed the probationary period and satisfies the conditions for military service, is terminated before joining the national service, the conditions outlined under Article 12 of the National and Reserve Service Law may be applicable.
Effectively, the employer may be held liable for breaching Article 12 of the National and Reserve Service Law because the employer should not hire any individual without first checking whether the employee is eligible for military service or not, and if so whether the exceptions apply.
The Employer is entitled to terminate the employee in accordance with the provisions of the Labour Law and the contract governing the relationship between the parties. However, the Employer faces a potential risk that its actions may be considered a violation of the employment protection provisions, specifically non-discrimination. Article 9/1 of the Labour Law does not apply here because the probationary period was completed.
Contrastingly, should an employee be terminated whilst engaged in national service, the stipulations within Article 28 of the National and Reserve Service Law shall be applicable. This Article provides regulations safeguarding the rights of those employees in the course of national service, detailing the prerequisites of their employment during this period, and offering necessary protections against unlawful termination.
These legal provisions provide a regulated framework addressing employment considerations for individuals either eligible for, or currently undertaking, national service. It is mandatory that employers strictly adhere to these provisions to maintain legal compliance and avoid potential legal ramifications.
In a recent legal case that our team dealt with, we represented a company that had hired an Emirati worker through the governmental NAFIS program. Notably, this worker had never completed his national service. However, during the six-month probationary period, the company opted to terminate the worker's contract for poor performance.
Reacting to this termination, the worker lodged a formal complaint with the military prosecution. He alleged that the root cause for his dismissal was that he was called for national military service. This claim triggered an official investigation, directed at both the company's manager and its human resources officer.
We argued, on behalf of the client, that the client was not aware that the employee had been called for national service and that the employee was terminated for poor performance only.
However, despite the client’s defenses, the company faced charges based on Articles (12) and (28) of the National and Reserve Service Law. This specific legislation, which outlines the responsibilities and potential penalties in relation to national service, rapidly became an essential part of our defense plan.
Acting as the legal representative for our client, we managed to take a stand against the accusation. Our thorough efforts ultimately paid off as we managed to secure a dismissal of the charges against the company.
All private sector entities must ensure that prospective UAE National male employees have fulfilled their national service obligations, as confirmed by a letter from the National and Reserve Service Authority. This applies to all hiring, whether through the government's NAFIS program or otherwise. Violation of these requirements may lead to investigations by the Military Public Prosecution and may result in legal penalties.
For further information,please contact Ammar Alkaabi.
Published in August 2023
