UAE Law Governing Pensions for Employees

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on March 2nd, 2022

The law overseeing pensions and other benefits is perplexing and constantly developing. The activities of employers, trustees, plan executives and their specialist co-ops are dependent upon administrative review and legal difficulties – and the requirement for advanced, pragmatic pension schemes and advantages advice has never been more prominent. GCC (Gulf Co-operation Council) countries have executed state pension plans to support their utilized residents. Nevertheless, Commercial lawyers of Dubai confirms that even though you are entitled to register under the pension scheme, you may not be eligible to receive benefits under the plan and the said article will provide complete information as to how pension scheme works in UAE and who all are entitled to register under the plan.

There are various types of money related incentives offered to workers for their reliability to the organization. Two such motivators that a worker is entitled to retirement are Gratuity and Pensions. There is a distinction between the two incentives; Gratuity pay is a singular amount sum offered to the worker on retirement. Nonetheless, Pensions are a constant installment of a fixed amount paid to the employees for the services offered to the company. UAE Federal Law number 7 of the year 1999 regulating Pension and Social Security in the country for UAE Nationals (regardless of gender).  The foregoing law offers pension facilities to all Emirati employers, UAE nationals who are self-employed, nationals of other GCC countries. The law confirms that the facilities towards pension shall commence from the next day of the termination of the employment until the death of the individual, subject that the employee has no beneficiary.

With reference to the eligibility, a UAE national holding a “family book” is qualified to register for the GPSSA pension plan and shall not be entitled to receive any other end of service benefits under the law. Whereas, UAE nationals unqualified to register for pension plan shall receive end of service benefits as per the law they are regulated under. Nevertheless, foreign expatriate employees are not entitled to any pension plan as of now, as per the law, yet Article 141 of the UAE Labor Law, empowers the employers to keep up their annuity plans for their employees. In the event that any organization keeps up pension benefits for their representatives, the workers that are qualified for the annuity can pick either gratuity or the pension benefits, whichever is a great plan.

Although the Pensions Law and Resolution have government remit, the Emirate of Abu Dhabi has a different pension law, the Civil Pensions and Benefits in the Emirate of Abu Dhabi Law No. 2 of 2000, and has established a separate authority governing the same, the Abu Dhabi Retirement and Pensions Fund (“ADRPF”), which oversees annuities for the benefit of Abu Dhabi based and utilized UAE nationals. The ADRPF doesn’t deal with the annuities for the benefit of GCC nationals and this obligation despite everything lies with the GPSSA. It is often complex to understand the pension plans offered by the Labor Law and the procedure for applying under pension funds, in such circumstances, it is advised to seek assistance from qualified Employment Lawyers of Dubai.

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Awatif Mohammad Shoqi Advocates & Legal Consultancy

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Awatif Mohammad Shoqi Advocates & Legal Consultancy
Joined: February 3rd, 2021
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