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Drafting and Notarising Employment Agreements: A Guide

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Employment Agreement

Maintaining legally compliant and enforceable employment contracts is essential for protecting the interests of both employers and employees in the UAE. A well-drafted and notarised employment agreement ensures that both parties are on the same page regarding the terms and conditions of the employment relationship, minimising the possibility of disputes. 

In this guide, we will discuss key considerations for drafting and notarising employment agreements in the UAE for both employers and employees.

Understanding the Essentials of Employment Agreements

Employment agreements must fulfil certain criteria to be considered valid under the UAE Labour Law. Some of the essential elements that require inclusion in the contract are:

  • Employee and employer details, including names, nationalities, and addresses
  • Job title, responsibilities, and work location
  • Start date and duration of the contract (if applicable)
  • Compensation, including salary, allowances, and benefits
  • Working hours and overtime provisions
  • Termination clauses, notice periods, and penalties for early termination
  • Annual leave and other types of leave, such as sick leave and maternity leave
  • Probationary period, if applicable
  • Confidentiality and non-compete clauses
  • Dispute resolution mechanisms

The Importance of a Well-Drafted Employment Agreement

Having a comprehensively drafted employment agreement is beneficial for both employers and employees in various ways:

  • Clarity: A well-written contract clearly outlines the terms and expectations of the employment relationship, providing a transparent understanding for both parties.
  • Legal Compliance: Ensuring the agreement abides by the UAE Labour Law and other applicable regulations helps the employer avoid fines and penalties for non-compliance.
  • Dispute Prevention: A precise and easily understandable agreement can potentially prevent misunderstandings and disputes between the employer and employee.
  • Reference: The employment agreement serves as a reference point in case of disagreements or misunderstandings during the course of the employment relationship.

The Role of Notarisation in Employment Agreements

Notarisation is the process of verifying and authenticating a legal document by a licensed notary public. In the UAE, employment agreements for local and foreign employees and individuals in certain professional categories may be subject to notarisation. Here are several reasons why notarising an employment agreement is advantageous:

  • Legal Recognition: A notarised agreement is considered an official legal document in the UAE and is admissible as valid evidence in courts.
  • Enforceability: Notarised agreements are presumed to be more enforceable, as the notary public has verified the identities of the parties involved and confirmed their understanding and agreement to the terms set out in the contract.
  • Security: The notary public retains a copy of the notarised agreement, ensuring that an official record is securely maintained in case of any future disputes or alterations.

Engaging a Law Firm or Private Notary for Employment Agreements

Seeking guidance from a professional law firm or private notary is highly recommended during drafting and notarising employment agreements. Here’s how their expertise can assist you:

  • Customisation: A law firm can help tailor the employment agreement to the specific needs of your business or industry, ensuring that all relevant clauses and regulations are addressed.
  • Legal Review: The law firm can review the contract to ensure that it complies with the UAE Labour Law and avoids any issues with enforceability.
  • Notarisation Support: A private notary can provide an efficient and timely notarisation process, making it a hassle-free experience for both employers and employees.

Conclusion

Drafting and notarising employment agreements is crucial in mitigating potential disputes and ensuring the smooth operation of your business or employment relationship. Engaging a reputable law firm or private notary, such as Al Kabban & Associates, is wise for employers and employees to ensure the agreement is legally compliant, enforceable, and customised according to their specific requirements. Ultimately, it protects their interests and ensures a smooth and productive working relationship.

Al Kabban & Associates is now authorised and licensed by the Government of Dubai to provide Notary Public services in the UAE. This joins a host of government initiatives to enhance the convenience and ease of access to various governmental services in recognition of Dubai’s growing population and the expanding business sector. Kindly contact our office for further information and costs associated with our onsite Notary service today.

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