An employee is hired by signing a contract agreeing to work in a specific role, but when they start working, or later in the course of employment, they realise that they are made to do work for a different role, or they are shifted to a role that is not their expertise, or even demoted without their consent. This could lead to lesser productivity by the employee. It could be a strategy to reduce the efficiency of the employee and act based on that.

The UAE Labour Law gives a fair set of rights to employers and employees. The Act ensures that employees are equally protected and can enforce their rights and avoids any sort of misuse or abuse by the employer.

Federal Decree by Law No. (33) of 2021 Concerning the Regulation of Labour Relations

Article 12 specifically mentions assigning workers to other work. It is not allowed under this section to assign a worker work that is fundamentally different from what is mentioned in the employment contract. Assigning works that are not mentioned in the contract is allowed when:

  1. It is to prevent an accident or repair the effects of an accident for a short period.
  2. The worker gives a written consent.

In such situations, if there is a need for a change in the place of residence to another place, then the financial costs incurred should be covered by the employer.

Article 14 reassures that an employee should not be forced in any manner to perform work or provide a service against his will.

Article 45 of the Act mentions when a worker can leave work without warning while retaining his rights upon termination. Clause 4 states that if the employer assigns a worker to perform work that is different from what was mentioned in the contract without the consent of the worker, then the employee can leave without warning and retain his rights upon termination.

What employees and employers can do?

The measures that can be taken by the employee are:

  1. Review the employment contract.
  2. Request written clarification.
  3. Communicate objections professionally.
  4. Keep records of communications.
  5. Seek legal guidance if the change negatively impacts rights.

The measures that can be taken by the employer are:

  1. Discuss if there are any changes in roles transparently.
  2. Obtain written consent for major role modifications.
  3. Ensure changes comply with labour laws.
  4. Avoid arbitrary or retaliatory transfers.
  5. Maintain fair treatment and workplace stability.

An employer has complete authority over how things should happen in a workplace. However, this authority should not be misused by failing to abide by the employment contract. An employee should be made to fulfil responsibilities that are aligned with their expertise and skill set, and whichever role they are appointed for should be the kind of work they are given to do. If an employer wishes to change the role of the employee, it should be duly informed, and written consent should be obtained. For an efficiently functioning workplace, it is important to ensure fairness.