--- name: kb-employment-law-adgm description: Use when a matter involves employment law obligations, contracts, termination, or disputes for entities registered in the Abu Dhabi Global Market (ADGM). Covers the ADGM Employment Regulations 2024 (common-law framework), ADGM Workplace Savings Plan (ADGM WSP replacing end-of-service gratuity), annual leave, notice, termination rights, and non-compete rules. Distinct from UAE onshore Federal Decree-Law 33/2021 — ADGM entities use only the ADGM regime. Triggers on ADGM employment contract, ADGM dismissal, ADGM gratuity, ADGM HR questions. license: MIT metadata: id: kb.employment-law-ADGM category: kb practice_area: Employment Law jurisdictions: [UAE] priority: P2 intent: [employment-law, ADGM, contract, termination, gratuity, non-compete] related: [kb-employment-law-difc, kb-employment-law-uae, kb-data-privacy-uae-pdpl, draft-employment-contract] source: Louis — HAQQ Legal AI (github.com/sboghossian/mini-claude-for-legal) version: "1.0" --- # Knowledge Pack — ADGM Employment Law (Employment Regulations 2024) ## Scope The **Abu Dhabi Global Market (ADGM)** is an international financial centre on Al Maryah Island, Abu Dhabi, operating as a distinct common-law jurisdiction within the UAE. Entities incorporated and registered in ADGM are subject to **ADGM law exclusively** for employment matters — UAE Federal Decree-Law 33/2021 (onshore labor law) does **not** apply to ADGM employers and employees. Primary instrument: **ADGM Employment Regulations 2024** (superseding the 2019 Regulations), which aligns ADGM employment law with international best practices and closer to UK employment law standards. ## Key Employment Principles ADGM Employment Regulations apply to: - Employees employed by **ADGM-registered entities** (onshore in ADGM). - Both UAE nationals and expatriate employees working in ADGM. - Part-time and fixed-term employees as well as open-ended arrangements. Contracts may expand employee rights above the statutory minima; they may not contract out of minimum entitlements. ## Contract Types | Type | Key Feature | |---|---| | Open-ended (indefinite) | No fixed end date; terminated by notice | | Fixed-term | Set end date; may be renewed; ends automatically or by notice | | Part-time | Proportionate entitlements | - Written employment contracts mandatory. - Parties must agree in writing on key terms: remuneration, working hours, leave entitlements, notice, and role. ## Probation Period - Maximum **6 months**. - During probation: either party may terminate with **shorter notice** (as agreed or minimum 7 days if not specified). ## Working Hours - Standard: **8 hours/day, 48 hours/week**. - Overtime: additional remuneration or time off in lieu as agreed (no prescribed rate mandated in ADGM Regulations — parties agree). - Ramadan reduction: applicable per employee's religion as a good-practice expectation; not expressly mandated in ADGM Regulations. ## Annual Leave - Minimum **30 calendar days** per year (aligned with UAE onshore standard and higher than UK minimum). - Pro-rated for partial years. - Unused leave: employer may require leave to be taken at specific times; carry-forward subject to contract; payment in lieu on termination. ## Public Holidays - ADGM recognizes UAE federal public holidays; specific days vary by year. - Employees working on public holidays entitled to time off in lieu or additional pay. ## Sick Leave - Up to **60 days per year** (typically: first 30 days fully paid; next 30 days half-pay; beyond: unpaid or contract terms). ## Maternity, Paternity, and Parental Leave - **Maternity leave**: minimum 60 days paid (employer continues basic salary). - **Paternity leave**: minimum 5 days paid. - Enhanced rights may be provided by contract. - Employer may not dismiss an employee on maternity leave or within 6 months of return. ## Notice Periods - Minimum notice (open-ended contracts): typically 30 days (confirm against Regulations 2024 for exact minimum — may scale with tenure). - Parties may agree longer notice. - Notice may be worked or paid in lieu. - No-notice termination permitted for **gross misconduct** (see below). ## Termination: Without Cause - Either party may terminate with contractual notice (or payment in lieu). - Employer must have a **fair reason** (related to conduct, capability, or business need) — ADGM Regulations include unfair dismissal protection. - Employees with **1+ year of service** gain unfair dismissal protection. ## Termination: Gross Misconduct Immediate termination without notice or gratuity for: - Theft, fraud, or dishonesty - Serious breach of confidentiality - Physical violence / harassment - Willful damage to employer property - Serious safety violations - Other conduct fundamentally incompatible with continuation of employment Procedural fairness recommended: investigation, notice of allegations, opportunity to respond. ## Workplace Savings Plan (ADGM WSP) — End of Service ADGM has replaced the traditional end-of-service gratuity with the **ADGM Workplace Savings Plan**: - Employer makes **monthly contributions** to an individual employee savings account. - Contribution rate: minimum **12.5% of monthly basic salary** (or such rate as prescribed by Regulations). - Contributions vest immediately and are portable. - Employee retains funds on termination for any reason. - Providers are ADGM-registered financial institutions. - This replaces the legacy lump-sum gratuity on resignation/termination calculation. ## Non-Compete Clauses - Enforceable post-termination if: - **Reasonable in duration** (typically 6–12 months; courts narrow excessive periods) - **Reasonable in geographic scope** (linked to employer's actual business area) - **Reasonable in activity scope** (no broader than necessary to protect legitimate interests) - ADGM Courts apply common-law restraint-of-trade principles — UK case law is highly persuasive. - Garden leave clauses common and enforceable. ## Discrimination and Harassment - ADGM Regulations prohibit discrimination on grounds of gender, race, religion, nationality, disability, pregnancy/maternity, and age. - Sexual harassment: separate explicit prohibition. - Employer must implement workplace harassment and grievance procedures. - Employees may bring claims before ADGM Courts. ## Dispute Resolution - Disputes first submitted to **ADGM Employment Tribunal** (accessible, low-cost procedure). - Appeal to **ADGM Court of First Instance** and **ADGM Court of Appeal**. - ADGM Courts apply ADGM law; common-law principles including English case law as persuasive authority. - No mandatory conciliation stage (unlike UK ACAS), but ADR encouraged. ## Comparison: ADGM vs DIFC vs UAE Onshore | Feature | ADGM | DIFC | UAE Onshore (DL 33/2021) | |---|---|---|---| | End-of-service | WSP (monthly contributions 12.5%) | DEWS scheme (monthly contributions) | Gratuity lump sum (21/30 days per year) | | Unfair dismissal protection | Yes (1+ year) | Yes (1+ year) | Limited (Art 44 cause list) | | Notice minimum | 30 days | 30 days | 30 days | | Annual leave | 30 days | 20 days minimum | 30 days | | Governing law | ADGM (common-law) | DIFC (common-law) | UAE federal civil law | | Dispute forum | ADGM Employment Tribunal | DIFC Employment Tribunal | MOHRE / UAE Labor Courts | ## Caveats & Currency The ADGM Employment Regulations 2024 are recent; verify the current version and any ADGM Registration Authority guidance before advising. WSP contribution rates and provider lists are subject to ADGM updating. ADGM Courts' common-law jurisprudence is developing; English authorities are persuasive but not binding. ## Related Skills - [[kb-employment-law-difc]] - [[kb-employment-law-uae]] - [[kb-data-privacy-uae-pdpl]] - [[draft-employment-contract]] - [[draft-nda-mutual]]