• 62. Power to make rules to introduce compensation limits and applicable fines

      The Board may make rules setting out applicable fines and/or appropriate limits of compensation for non-compliance with obligations under these Regulations. Until such time as any such rules are made, there shall be no applicable limits on the compensation due for non-compliance with obligations under these Regulations.

    • 63. Interpretation

      In these Regulations, unless the context indicates otherwise, the defined terms listed below shall have the corresponding meanings —

      "basic wage" means the Employee's wage excluding any portion of an Employee's wage received in kind or as allowance for housing, travel, currency exchange (cashier), children's education, social and entertainment or any other type of allowance, bonus or commission payment, or overtime pay. The basic wage shall be calculated taking into consideration the total number of days in a year;

      "contract of employment" means the contract of employment provided under section 5;

      "daily wage" means the compensation received by an Employee as wages for services performed during a business day. The daily wage shall be calculated taking into consideration the total number of business days in a year;

      "day" means a calendar day, unless otherwise expressly stated otherwise;

      "Data Subject" means an Employee or any individual providing their services to an Employer on a non-employment basis (including but not limited to individuals providing services on a self-employed or contractor basis, or individuals providing services through a temporary or other employment agency);

      "disability" means a physical or mental impairment that has a substantial and long-term adverse effect on an Employee's ability to carry out his duties in accordance with the contract of employment. An impairment has a long-term effect if it has lasted at least 12months or it is likely to last at least 12 months;

      "Employee" means an individual who works or will work in the service of another person under an express or implied contract of hire under which the Employer has the right to control the details of work performance;

      "Employer" means any person employing an individual to perform services for remuneration of any kind;

      "GCC National" means a person who is a national of a country that is a member of the Cooperation Council for the Arab States of the Gulf;

      "hourly rate" means the rate under section 53(2);

      "maternity leave" means the maternity leave entitlement under section 33(1), or such greater period as may be offered by the Employer under a contract of employment;

      "maternity pay" means the pay provided by the Employer in accordance with section 34(1) during the maternity leave;

      "national holidays" means the national holidays as provided under section 27(1);

      "paternity leave" means the paternity leave entitlement under section 35(1), or such greater period as may be offered by the Employer under a contract of employment;

      "Pay Period" means —

      (a) the hourly, daily, weekly or monthly period, where Employees are paid by the hour, day, week or month; or
      (b) if an Employee is paid on a flat rate, piece rate, commission or other incentive basis, the Employee's applicable pay period;

      "Personal Data" means any information relating to a Data Subject who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his biological, physical, biometric, physiological, mental, economic, cultural or social identity;

      "Processing", in relation to Personal Data, means obtaining, recording or holding the Personal Data or carrying out any operation or set of operations on the Personal Data including (a) organisation, adaptation or alteration of the Personal Data; (b) retrieval, consultation or use of the Personal Data; (c) disclosure of the Personal Data by transmission, dissemination or otherwise making available; or (d) alignment, combination, blocking, erasure or destruction of the Personal Data;

      "UAE" means the United Arab Emirates;

      "vacation leave" means the vacation leave entitlement provided by the Employer in accordance with section 22(1), or such greater period as may be offered by the Employer under the contract of employment;

      "vacation pay" means the daily wage payable during the vacation leave;

      "wages" means all payments made to an Employee in return for work done or services provided under the contract of employment; and

      "business day" means a normal business day for the Employer as defined in the contract of employment.

    • 64. Short title, extent and commencement

      (1) These Regulations may be cited as the Employment Regulations 2015.
      (2) These Regulations apply to —
      (a) an Employer which is, or was —
      (i) a licensed person (as defined in the Commercial Licensing Regulations 2015);
      (ii) the Registrar;
      (iii) the Financial Services Regulator; or
      (iv) the Court; and
      (b) an Employee who is, was or will be —
      (i) employed by an Employer which satisfies the conditions of section 64(2)(a); and
      (ii) based within, or ordinarily working within or from the Abu Dhabi Global Market.
      (3) These Regulations come into force on the date of their publication. The Board may by rules make any transitional, transitory, consequential, saving, incidental or supplementary provision in relation to the commencement of these Regulations as the Board thinks fit.