Question: If my company changes my profile and job duties, who is responsible for upskilling me? I am going through this problem now at my Dubai-based company. While I am happy to upskill myself, the company is demanding that I pay for it. Please advise.

Answer: In the UAE, an employer may not assign different roles to an employee other than those mentioned in the employment contract without the written consent of the employee.

This is in accordance with Article 12(1) & (2) of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments, which states,

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“1. An employee may not be assigned another work which is substantially different from the work agreed upon in the employment contract, unless such an assignment is necessary or aims to avoid an accident or rectify the consequences thereof, provided that the assignment is temporary as specified by the executive regulations of this Decree-Law.

2. An employer may, in cases other than those stated in paragraph (1) above, entrust the employee with work that is not agreed upon in the employment contract, with the written consent of the employee.”

It may be pertinent to note that it comes under the employer's obligation to invest in the development of the skills of the workers by providing them with training and tools in accordance with the law and implementing regulation. This is in accordance with Article 13 (5) of the Employment Law.

“Investing in the development of skills of workers working for its service and providing the minimum amount of training, qualification, and empowerment tools and programmes as per the provisions of this Decree-Law and its implementing regulation.”

However, an employer may not force or threaten an employee to undertake any work against the employee's will. This is in accordance with Article 14(1) of the Employment Law, which states,“An employer may not use any means susceptible of obliging or forcing the employee, or threatening him with any penalty, to work for him, or forcing him to do work or deliver a service against his will.”

In the event an employer forces an employee to perform work other than that mentioned in the employment contract based on the employee's designation, then the employee may quit the employment without serving the notice period to the employer. This is in accordance with Article 45(4) of the Employment Law, which states:

“The employee may quit work without notice and reserve all his entitlements at the end of service if the employer entrusts the employee with work that is substantially different from the work agreed upon in the employment contract, without the written consent of the employee, except in cases stated in Article 12 hereof.”

Based on the aforementioned provisions of law, it is your employer's obligation to upskill you. However, your employer cannot force you to undertake new tasks without your written consent and should pay for it.

If you feel pressured to perform tasks outside the scope of your original contract, and this pressure includes threats or coercion, you have the right to resign immediately and claim all your end-of-service entitlements. You may discuss this with your employer and request that the employer pay for the training to improve your skills to perform a significantly different role.

Furthermore, if your employer does not agree to this and is forcing you to do a different job role, you may approach the Ministry of Human Resources and Emiratisation (MOHRE) and register a complaint against your employer.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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