Protection Against Discrimination and Harassment in the Workplace in the United Arab Emirates – Legal Framework and Employer Obligations

The United Arab Emirates (UAE) has established a coherent protection system against discrimination and harassment in the workplace through a series of legislative reforms. Central to this is the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (“Labour Law”), complemented by the Federal Decree-Law No. 34 of 2023 on Combating Discrimination, Intolerance and Hatred and Cabinet Resolution No. 43 of 2018 on Occupational Health and Safety. These regulations establish both preventive and repressive protection mechanisms in favor of employees and define clear compliance obligations for employers.

The principle of equal treatment is explicitly enshrined in UAE labor law. According to Art. 4 (1) Labour Law, employees must not be discriminated against on the basis of race, color, sex, religion, national or social origin, or disability. This prohibition of discrimination extends to all phases of the employment relationship, from hiring and promotions to termination.

Furthermore, Art. 27 Labour Law stipulates that employees are entitled to equal remuneration for equal or equivalent work, regardless of gender. This provision thus specifies the principle of equal pay, which is enshrined in international standards such as ILO Convention No. 100.

Moreover, Federal Decree-Law No. 34 of 2023 on Combating Discrimination, Intolerance and Hatred, in Art. 2 et seq., establishes a criminalized prohibition of discrimination. This specifically covers discrimination and intolerance based on religion, belief, creed, race, color, or ethnic origin. Employers who tolerate discrimination in the workplace thus risk facing not only labor law consequences but also criminal penalties.

A central element of the protection system is the prohibition of harassment. Art. 14 Labour Law explicitly prohibits all forms of bullying, sexual harassment, and verbal, physical, or psychological violence in the workplace. This prohibition is to be interpreted broadly and includes not only classic cases of sexual innuendo but also repeated intimidation, threats, or demeaning behaviors that are likely to violate the employee’s dignity.

In conjunction with Law No. 34/2023, a two-tiered protection system emerges: The Labour Law obliges employers to take preventive and repressive measures within the employment relationship, while Law No. 34/2023 provides for criminal sanctions for particularly serious violations. This creates a comprehensive legal framework that encompasses both civil claims and criminal liability.

Cabinet Resolution No. 43 of 2018 on Occupational Health and Safety specifies the general employer obligations arising from the Labour Law. According to Art. 3 of the Resolution, employers are obliged to ensure a safe and healthy working environment that protects both the physical and psychological health of employees.

This includes not only classic occupational safety measures in terms of health protection but also measures against psychosocial risks that can arise from discrimination or harassment. Employers must therefore introduce internal policies that handle complaints confidentially and effectively, ensure protection against reprisals, and implement preventive programs such as training or awareness measures.

Employees who are victims of discrimination or harassment can file a complaint in accordance with Art. 54 Labour Law with the Ministry of Human Resources and Emiratisation (MOHRE). MOHRE first conducts a conciliation procedure; if unsuccessful, the case is referred to the labor courts.

In cases of violations of the prohibition of discrimination or harassment, employers face significant fines. Under the Labour Law, monetary penalties can be imposed, which, depending on the severity of the violation, can extend into the six-figure AED range. Law No. 34/2023 also provides for criminal sanctions such as imprisonment and substantial fines if discrimination or hate speech as defined by the norm is present.

Violations of Cabinet Resolution No. 43/2018 can lead to administrative sanctions, ranging from fines to the temporary closure of the business. Employers thus risk significant legal and economic consequences if they fail to comply with their prevention and protection obligations.

Compliance with legal requirements demands structured compliance management from employers. Particularly recommended are:

• Implementation of clear Anti-Discrimination and Anti-Harassment Policies, which are made accessible to all employees;
• Establishment of confidential complaint procedures as well as protection against retaliation for whistleblowers;
• Regular training sessions for employees and managers to ensure prevention and awareness;
• Documentation and internal control of all incidents to avoid legal risks and reputational damage.

Employees should be aware of their rights, carefully document discriminatory or harassing incidents, and initially utilize internal complaint mechanisms. If no remedy is provided, they can contact MOHRE and assert their claims before the labor courts.

Through the interplay of Labour Law (Federal Decree-Law No. 33/2021), Law No. 34/2023, and Cabinet Resolution No. 43/2018, the UAE possesses a modern, multi-layered regulatory system for protection against discrimination and harassment in the workplace. Employers and employees are equally called upon not only to legally comply with these norms but also to understand them as an integral part of a sustainable corporate culture. Only through consistent prevention, internal transparency, and legal enforcement can a discrimination-free and safe working environment be ensured.