Most UAE SMEs we meet have one of three things in their HR folder:
- A blank-template offer letter downloaded from the internet, lightly modified
- A contract drafted years ago by someone who doesn't work there anymore
- Nothing
All three are risky. Employment contracts are the foundation of every other HR conversation — disputes, terminations, gratuity, visa renewals, even bank facility reviews — and a weak one can quietly cost you six figures over the life of the relationship.
This is a non-exhaustive guide to what a UAE employment contract actually needs to contain. It is not legal advice, and the specifics vary by visa type, free-zone vs — mainland, and sector — but the principles below apply broadly.
The mandatory clauses
These are the clauses you cannot leave out — either because UAE labour law requires them, or because MOHRE expects them in the standard contract format.
- Parties to the contract. Full legal name of the employer (matching the trade licence), full name of the employee, passport number, and visa details.
- Job title and duties. A clear job title, supported by a short list of duties. “And other duties as assigned” is fine, but it cannot be the entire duties section.
- Place of work. Specific address. If the employee will work in multiple locations or remotely, that needs to be stated.
- Contract type and duration. Limited-term (with end date) vs — unlimited. As of recent reforms, all new private-sector contracts in the UAE are now limited-term.
- Working hours and rest days. Standard maximum is 48 hours per week, less in Ramadan for Muslim employees.
- Probation period. Maximum six months. Cannot be extended. State the start date and end date clearly.
- Salary. Basic salary, allowances (housing, transport, etc.), and total. The split matters because gratuity is calculated on basic only.
- Annual leave. Statutory minimum is 30 calendar days after one year of service. Less for first-year staff on a pro-rata basis.
- Notice period. Statutory minimum is 30 days for both sides. Many contracts specify longer.
- End-of-service gratuity. A clause referencing how gratuity will be calculated on exit.
Clauses that are technically optional but you should include
- Non-compete and non-solicitation. UAE courts will enforce reasonable non-competes (typically capped at 6 months and a defined geography). If you don't include one, you have nothing.
- Confidentiality. Especially important for client-facing roles and any role with access to financial or strategic information.
- Intellectual property assignment. Without an explicit clause, work product ownership can be ambiguous. Be explicit.
- Code of conduct reference. A line saying the employee is bound by the company's published code of conduct and employee handbook.
- Dispute resolution. Specifying which authority resolves disputes (typically MOHRE for mainland, the relevant free zone authority otherwise).
The avoidable mistakes
- Salary structures with no basic component. A few SMEs put 100% of the salary into “allowances” to reduce gratuity exposure. MOHRE has been increasingly strict on this — it can backfire.
- Probation clauses that say “extendable.” Probation cannot be extended under UAE labour law. A clause that says otherwise is unenforceable and signals carelessness.
- Auto-renewal language carried over from old templates. Current rules treat limited-term contracts differently; check yours.
Zaitoon Enterprises
UAE-based HR technology & consulting