Dubai: Can employees file a complaint if they are asked to work beyond the scope of employment? – News
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Ask: I work in a private company in Dubai. If my boss asks me to work beyond the scope of my job, what should I do? I’m in sales, but I’ve been asked to appear in promotional/marketing videos for the company, but I don’t really feel comfortable doing this. If I refuse and it reflects poorly on my performance review or I lose my job, can I file a complaint? How do I solve this without creating any problems for myself?
Answer: He is supposed to be employed in a mainland company in Dubai. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Labor Relations are applicable.
In the United Arab Emirates, an employer cannot assign an employee duties other than those mentioned in the employment contract without the employee’s written consent. This is in accordance with article 12 (1) and (2) of the Employment Law, which states:
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“1. A worker may not be assigned another job that is substantially different from the work agreed in the Employment contract, unless said assignment is necessary or has the objective of avoiding an accident or rectifying the consequences thereof, provided that the assignment is temporary according to what is specified in the contract. Execution Regulations of this Decree-Law.
“2. An employer may, in cases other than those set out in paragraph (1) above, entrust the employee with work that is not agreed in the employment contract, with the written consent of the employee.”
Additionally, an employer cannot force or threaten an employee to perform work. This is in accordance with section 14(1) of the Employment Law, which states: “An employer may not use any means likely to compel or compel the employee, or threaten him with any sanction, to work for him, or compel him to do a work or provide a service against their will.”
If an employer pressures an employee to perform work other than those mentioned in the employment contract based on the employee’s designation, then the employee may resign from employment without serving the employer’s notice period. This is in accordance with section 45(4) of the Employment Law, which states: “The employee may leave the job without notice and reserve all his rights at the end of the service if the employer entrusts him with work that is substantially different of the work agreed in the employment contract, without the written consent of the worker, except in the cases indicated in article 12 of this Law.”
Based on the above legal provisions, you can inform your employer that your employment contract states that your role with the employer is only limited to sales and not being a part of your employer’s promotional/marketing videos. However, if your contract states that your role with your employer includes sales and other related activities that are indirectly related to sales, such as using their services by appearing in promotional and marketing videos, then you should not object to appearing in videos. promotional and marketing of your company. employer.
Furthermore, if your employer forces you to appear in promotional and marketing videos, you can file a complaint with the Ministry of Human Resources and Emirization (MoHRE) and based on their advice, you can resign from your employment without serving the due notice period. to your employer. has breached the terms of his employment contract.
Additionally, if your employer fires you because you do not agree to appear in their promotional and marketing videos, you can file a complaint with the MoHRE and then file an employment case against your employer at the Dubai Court.
Ashish Mehta is the Founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, the United Kingdom and India. Full details of his firm at: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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