Balancing Workforce Protection and Employer Liability

In the United Arab Emirates “UAE”, the legal and regulatory landscape is increasingly focused on enhancing workforce protection while preserving a competitive and business-friendly environment. This evolving framework requires employers to carefully balance their statutory obligations toward employee welfare with the growing risks of regulatory and civil liability. These considerations become particularly significant during times of crisis, when employers must navigate heightened duties to safeguard employees alongside an expanded scope of potential liability.

In recent years, the UAE has introduced a range of reforms which aimed at improving working conditions, enhancing employee rights, and strengthening health and safety requirements, thereby reinforcing workforce protection in alignment with the best international standards and supported by stricter enforcement mechanisms.

Further, those reforms also provide a framework for safeguarding employees during times of crisis, such as the adoption of flexible working arrangements, implementation of emergency health and safety measures, and adherence to government-mandated protections designed to ensure business continuity while prioritizing employee welfare.

Among the most significant legal reforms in UAE is Federal Decree-Law No. 33 of 2021 on Regulating Employment Relationships “Federal Decree-Law No. 33”, as amended by Federal Decree-Law No. 14 of 2022, together with Cabinet Resolution No. 1 of 2022 on the Executive Regulations of Federal Decree-Law No. 33 “Executive Regulations”, which have introduced substantial changes to every facet of the workplace. Staying informed of these legal updates is crucial for companies, for instance, non-compliance is no longer a minor risk, it poses serious operational, reputational, and financial threats.

The following key provisions of Federal Decree-Law No. 33 illustrate how the legislation in place codifies workforce protections and employer obligations in practice. Article 13 of Federal Decree-Law No. 33 requires employers to provide a safe and appropriate working environment and take necessary preventive measures to protect employees from occupational risks. During crises, this duty expands in practice to include:

• Risk assessments and emergency planning
• Providing protective equipment or safe working arrangements
• Adapting work models (e.g., remote work where possible)

During times of crisis, employers frequently adopt remote work and other flexible arrangements. This transition gives rise to additional obligations, including ensuring, where applicable, the safety of remote working conditions, maintaining clear and consistent communication and policies, and upholding employees’ rights notwithstanding changes to the working environment.

It is worth highlighting that employers must carefully balance operational requirements with their legal obligations. While maintaining business continuity remains a key priority, it does not override health and safety duties, statutory employment protections, or compliance with emergency regulations. Failure to strike this balance may expose employers to regulatory penalties, as well as potential claims from employees.

Further, Article 2 of the same law confirms that one of the law’s objectives is to ensure the protection of the parties to the employment relationship in the exceptional circumstances that they may face and would thereby affect the employment relationship.

Under Article 36 of the same law, organisations must comply with applicable public health laws and any resolutions issued for their implementation. This means that in a public health crisis (e.g., pandemic), employers are required to adhere to standard workplace safety rules and to all emergency public health regulations issued by the competent authorities.

Even outside the traditional workplace, employers may still retain certain obligations toward employee welfare. Article 4 establishes a fundamental principle of equality in employment, prohibiting discrimination based on race, religion, gender, or other protected characteristics. It also reinforces equal pay for equal work, strengthening workplace fairness.

Further, the Executive Regulations complement the Labour Law by imposing specific obligations on employers to safeguard the safety, protection, and health of employees. These obligations extend to compliance with public health legislation and directives issued by the competent authorities, particularly in the context of pandemics and other crisis scenarios.

As workforce protections increase, so too does employer exposure, leading to an expanded scope of liability. Organizations may face liability for workplace injuries and unsafe conditions, non-compliance with labour laws and regulatory requirements, as well as the failure to implement adequate internal policies and controls. In some jurisdictions, liability is no longer limited to direct acts but may also extend to negligence or a failure to take reasonable steps to prevent harm. Employers operating regionally must therefore navigate legal diversity and evolving expectations. It is worth noting that mitigating risk while protecting employees requires that employers adopt a proactive approach that responds to the following:

• Strengthening compliance frameworks: Regular audits and policy updates
• Enhancing workplace safety: Implementing strong health and safety protocols
• Training and awareness: Ensuring employees and management understand their rights and responsibilities
• Clear documentation: Maintaining accurate records to demonstrate compliance

During a crisis, employers are generally required to ensure employee health and safety by implementing all necessary preventive measures to protect workers from physical, health, and occupational risks, and by providing personal protective equipment or other resources as mandated by public health authorities. They must also comply with government directives, including emergency regulations, lockdown measures, and sector-specific requirements issued by relevant authorities, while adjusting workplace operations, such as adopting remote work or staggered shifts, in line with official guidance.

In addition, employers are expected to maintain statutory employment protections, introduce flexible working arrangements where possible to minimize exposure to risks, and communicate clearly with employees regarding any temporary policy or operational changes. This is coupled with the obligation to maintain proper documentation of all protective measures and compliance steps, both to demonstrate reasonable care in the event of disputes or inspections and to support effective business continuity planning, ensuring that such plans do not compromise employee welfare or violate statutory protections.

Balancing workforce protection with employer liability is no longer optional, it is a strategic necessity. Employers that prioritize employee protection are better positioned to navigate crises while minimizing liability. In a rapidly changing legal environment, organizations that invest in compliance, transparency, and employee well-being will not only meet regulatory expectations but also strengthen their long-term resilience.

For more information on workforce protection and employer liability, please contact Abdulla Ziad Galadari, Senior Partner, and Ahmed Kamel, Senior Associate, at info@galadarilaw.com .

	Abdulla Ziad Galadari Senior Partner abdulla@galadarilaw.com
	Ahmed Kamel Attia Senior Associate ahmed.kamel@galadarilaw.com