🇳🇵Nepali Workers Rights

Nepali Workers UAE Rights: What Your Contract Must Include

Nepali workers in the UAE are protected by the same labour law as every other nationality. But in practice, Nepali workers in construction and security face systemic wage theft, false absconding claims, and denial of end-of-service benefits. Understanding your legal rights is the difference between losing thousands of dirhams and recovering what you are owed.

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Core Rights for Nepali Workers

Every Nepali worker on a registered UAE contract is entitled to: salary paid through WPS on time, 8-hour maximum working day with overtime pay beyond that, one rest day per week (typically Friday), 30 days annual leave after one year, sick leave (15 days full, 30 days half, 45 days unpaid), end-of-service gratuity after one year, and a return ticket to Nepal at the end of employment.

Additionally, the midday outdoor work ban (12:30-3:00 PM, 15 June to 15 September) protects Nepali construction and outdoor workers from heat exposure. Employers violating this ban face AED 5,000 fines per worker.

The 2022 labour reforms also guarantee: freedom to change employers after serving notice, no requirement for an NOC, protection against retaliatory termination for filing complaints, and the right to a temporary work permit while disputes are resolved.

3 Rights Violations Nepali Workers Must Watch For

False Absconding Claims as Retaliation

When Nepali workers file complaints about wage delays or poor conditions, some employers retaliate by filing absconding claims. This puts the worker in a defensive position — instead of pursuing their complaint, they must first clear the absconding record. Under the 2022 reforms, you have 14 days to contest. Always file your labour complaint before resigning to create a paper trail that shows your employer had violations before any absconding claim.

No Written Contract or Unregistered Contract

Some Nepali workers, particularly in small companies, never receive a written contract or their contract is never registered with MoHRE. Without a registered contract, WPS may not apply, gratuity calculations are disputed, and your job title and salary are unverifiable. Check your contract status through the MoHRE app. If your contract is not registered, report this to MoHRE — your employer is obligated to register it.

End-of-Service Denial for Construction Workers

Nepali construction workers are frequently denied end-of-service gratuity through manufactured termination reasons. Employers claim the worker 'abandoned the site' or committed 'gross misconduct' to avoid paying gratuity. Under Article 44, only serious offences (assault, theft, drug use, fraud) justify gratuity forfeiture. Poor performance, disagreements, or refusing unsafe work are not grounds for denial. If your employer refuses gratuity, file with MoHRE within 30 days.

Frequently Asked Questions

What should Nepali workers do if they are not paid for months?

File a complaint with MoHRE immediately through the app, website, or by calling 600-590000. Also contact the Nepal Embassy labour wing. MoHRE can impose penalties on employers who delay wages beyond 15 days. If multiple workers are affected, a group complaint carries more weight. You can also request a temporary work permit to seek alternative employment while your case is being resolved. Do not leave the UAE before your case is resolved — your claim may be harder to pursue from Nepal.

Are Nepali security guards entitled to overtime pay?

Yes. Security guards working beyond 8 hours per day are entitled to overtime at 125% of their hourly rate. Night shift overtime (10 PM to 4 AM) is paid at 150%. Many security companies schedule 12-hour shifts but only pay for 8 hours, arguing that some hours are 'standby'. Under UAE law, all time you are required to be present at the workplace is paid working time. Document your shift times and compare against your pay slips.

What happens if my employer files an absconding case against me?

Under the 2022 labour law reforms, the 'absconding' system has been replaced with a notification system. If you leave work without notice, the employer must report it to MoHRE within a specific timeframe. You have 14 days to respond and present your case. If the employer's claim is valid (you left without notice), you may face a ban. If the employer fabricated the claim to pressure you, MoHRE will investigate. The Nepal Embassy can assist with contesting false absconding claims.

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