Anti-Harassment Policy (UAE)

A UAE Anti-Harassment Policy is a formal workplace document issued by a private-sector employer that defines prohibited conduct — including harassment, sexual harassment, bullying, and discrimination — sets out the complaint and investigation procedure, and establishes the anti-retaliation protections available to employees who raise concerns in good faith. The policy is grounded in Federal Decree-Law No. 33 of 2021 (the UAE Labour Law), Federal Law No. 31 of 2021 (the UAE Crimes and Penalties Law), Federal Law No. 2 of 2015 on Combating Discrimination and Hatred, and Cabinet Resolution No. 1 of 2022. Together these instruments create a multi-layered framework in which workplace harassment can give rise to employment law consequences (disciplinary action and dismissal), civil claims before MOHRE and the Federal Labour Courts, and in serious cases criminal prosecution.

Federal Law No. 31 of 2021 replaced the UAE Penal Code and in Article 359 criminalises sexual harassment, including physical sexual assault, sexually suggestive gestures, and unwanted sexual communications. A conviction under Article 359 carries imprisonment and financial penalties, and non-UAE nationals may also face deportation. The employer who is aware of sexual harassment in the workplace and fails to act faces the risk that an affected employee will bring both an employment claim before MOHRE and a criminal complaint to the UAE Police (national emergency 999, Dubai Police 901, Abu Dhabi Police 02-501-5555).

Federal Decree-Law No. 33 of 2021 addresses harassment through several mechanisms. Article 44 lists 'assault on the employer, manager, or colleagues' as a ground for summary dismissal without notice. Article 45 allows an employee to resign without notice and retain full end-of-service entitlements under Article 51 where the employer failed to meet fundamental obligations — which MOHRE interprets to include a failure to address a credible harassment complaint. Article 47 provides for arbitrary-dismissal compensation of up to three months' wages where a dismissal was retaliatory.

Federal Law No. 2 of 2015 on Combating Discrimination and Hatred underpins the prohibition on discriminatory treatment of employees based on religion, race, colour, or ethnic origin. Although the law focuses primarily on public incitement, MOHRE and the Labour Courts apply its principles in employment contexts where dismissal or adverse treatment was evidently motivated by a protected characteristic.

For employers within the Dubai International Financial Centre (DIFC), the DIFC Employment Law No. 2 of 2019 provides a more explicit anti-discrimination and anti-harassment framework with an enumerated list of protected characteristics and DIFC Court jurisdiction over complaints. The Abu Dhabi Global Market (ADGM) Employment Regulations 2019 provide a comparable framework administered by the ADGM Courts.

The forms-legal.com UAE Anti-Harassment Policy template covers all mandatory and recommended elements: definitions of prohibited conduct, the complaint reporting procedure, the investigation process and timelines, sanctions for substantiated complaints, anti-retaliation protections, interim measures, data-protection compliance under Federal Decree-Law No. 45 of 2021, and the signed acknowledgment block.

A UAE Anti-Harassment Policy is needed at several specific moments and in several specific scenarios, each linked to regulatory requirements and risk-management obligations.

At establishment and onboarding, distributing an Anti-Harassment Policy alongside the Employee Code of Conduct and Employee Handbook gives every employee written notice of the prohibited conduct and the complaint procedure from day one. MOHRE expects employers to communicate workplace behaviour standards, and the Anti-Harassment Policy is the most targeted document for the harassment-specific obligations. A signed acknowledgment establishes the employee's awareness of the policy, which is essential in any subsequent disciplinary action or MOHRE investigation.

When the workforce is diverse, which describes almost every UAE private-sector workplace, the Anti-Harassment Policy is a critical document for preventing and addressing conduct that targets employees on the basis of nationality, religion, or gender. With over 200 nationalities working in the UAE, employers who do not explicitly prohibit discrimination and nationality-based harassment face a heightened risk of MOHRE complaints and potential violations of Federal Law No. 2 of 2015 on Combating Discrimination and Hatred.

When a harassment complaint is received, the Anti-Harassment Policy provides the procedural framework for the investigation. Without a written policy, there is no defined procedure for acknowledging the complaint, assigning an investigator, conducting interviews, reaching a finding, and imposing a sanction. An employer who improvises the investigation process rather than following a written procedure is at a significant disadvantage in subsequent MOHRE mediation or Labour Court proceedings.

When an employee resigns following a harassment incident, the Anti-Harassment Policy is the document that determines whether the employer was aware of the conduct and whether it took reasonable steps to address it. If the employee claims constructive dismissal under Article 45 of Federal Decree-Law No. 33 of 2021, the employer needs to be able to show that a complaint procedure existed, that the employee had access to it, and that if the employee used it, the employer responded appropriately.

During MOHRE establishment audits under Article 66 of the Labour Law, inspectors routinely ask whether the employer has anti-harassment and anti-discrimination policies in place. In industries such as hospitality, retail, construction, and domestic services, where the power imbalance between employer and employee is greater and harassment risks are higher, the absence of a written policy is treated as a significant compliance gap.

A UAE Anti-Harassment Policy compliant with Federal Decree-Law No. 33 of 2021, Federal Law No. 31 of 2021, and Federal Law No. 2 of 2015 must include the following elements. The forms-legal.com UAE Anti-Harassment Policy template covers each one and can be adapted for mainland, DIFC, or ADGM employers.

Scope must state that the policy applies to all employees, contractors, and interns, and that it covers conduct in the workplace, at company events, on business travel, and through company communications systems. The broad scope prevents respondents from arguing that off-site conduct was outside the employer's purview.

Definitions must clearly define each category of prohibited conduct. Harassment must be defined broadly (verbal, physical, and digital). Sexual harassment must be defined to include conduct short of physical contact (unwanted sexual comments, requests for sexual favours, display of offensive material), because conduct below the Article 359 criminal threshold can still give rise to employment-law liability. Bullying must be defined as repeated unreasonable behaviour causing health or safety risk. Discrimination must reference the protected characteristics recognised under UAE law.

Prohibited conduct list must identify specific examples of behaviours that violate the policy, including retaliation against complainants and making knowingly false complaints. The connection to Article 44 gross misconduct and the criminal law (Article 359 of Federal Law No. 31 of 2021) should be stated explicitly.

Multiple reporting channels must provide at least two contacts: a primary HR or designated contact, and a senior management escalation contact for cases involving HR itself. An optional confidential reporting email increases employee confidence that complaints will be handled independently. The MOHRE complaint number (800-MOHRE) and UAE Police emergency number (999) must also be provided.

Investigation procedure must describe the acknowledgment step (within 2 working days), the investigator appointment, the investigation process (interviews with complainant, respondent, and witnesses), the right of both parties to respond to draft findings, the target completion timeline, and the written decision step. Both parties should be reminded of confidentiality obligations under Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

Sanctions must map the potential outcomes to the disciplinary tariff under Article 60 of Federal Decree-Law No. 33 of 2021, from a written warning for a first minor breach to summary dismissal under Article 44 for a substantiated serious harassment incident. The policy should state that criminal conduct under Article 359 will be referred to law enforcement.

Anti-retaliation and interim measures must prohibit any adverse treatment of the complainant, respondent, or witness during and after the investigation, and describe the types of interim measures available to protect the complainant during the investigation process.

Acknowledgment block must include the employee's name, signature, and date.

Completing the UAE Anti-Harassment Policy requires attention to the company's operational context, the composition of its workforce, and the contacts who will handle complaints.

Start with the Company Details section. Enter the legal name of the employing entity and the effective date. For group employers with entities in the mainland and in free zones, determine whether a single policy covers all entities (with a scope clause that identifies the applicable law for each) or whether separate policies are needed for the DIFC and ADGM entities.

Complete the Reporting Contacts section with care. The primary contact should be the HR Manager or a designated senior HR professional who is trained in handling sensitive complaints. The senior contact should be a member of the senior management team who is sufficiently independent from day-to-day HR decisions to hear escalations fairly. If the company has the capacity to maintain a confidential reporting email, enter it — this significantly increases the likelihood that employees will report concerns early, before they escalate.

Select the investigation completion target. Ten working days is appropriate for straightforward complaints with a small number of witnesses. Fifteen to twenty working days may be necessary for complex investigations involving multiple witnesses, digital evidence, or allegations spanning a long period. The selected target must be achievable in practice; a target that is routinely breached undermines the policy's credibility.

Review the definitions and prohibited-conduct sections. Confirm that the examples of harassment, sexual harassment, bullying, and discrimination accurately reflect the types of conduct that have arisen or could arise in your specific workplace. In hospitality and retail environments, include examples of customer-facing incidents. In construction environments, include examples of supervisory conduct toward workers.

Review the sanctions section and confirm that it references the correct disciplinary authority under the applicable employment law. For mainland employees, this means MOHRE, the Federal Labour Courts, and potentially the UAE Police. For DIFC employees, the DIFC Courts are the relevant forum. For ADGM employees, the ADGM Courts apply.

Distribute the completed policy to all employees, collect signed acknowledgments on Day 1, and file them in personnel records. For existing employees receiving the policy for the first time, give two weeks' advance notice of the effective date and collect updated acknowledgments.

Anti-Harassment Policy (UAE) — Legal Requirements. The UAE Anti-Harassment Policy is grounded in multiple statutes that apply at different levels of seriousness.

Federal Law No. 31 of 2021 (the UAE Crimes and Penalties Law) criminalises sexual harassment under Article 359. Conduct meeting this threshold is not only an employment law matter but also a criminal matter requiring referral to the UAE Police.

Federal Law No. 2 of 2015 on Combating Discrimination and Hatred prohibits discrimination based on religion, caste, doctrine, race, colour, and ethnic origin. In the employment context, MOHRE and the Labour Courts treat nationality-based or religion-based adverse treatment as a form of discrimination incompatible with both the Labour Law and this statute.

Federal Decree-Law No. 33 of 2021 (the UAE Labour Law) addresses workplace harassment through Article 44 (assault as a ground for summary dismissal), Article 45 (employee's right to resign without notice where the employer fails to address a complaint), and Article 47 (arbitrary-dismissal compensation for retaliatory termination).

Cabinet Resolution No. 1 of 2022 reinforces the employer's obligation to maintain a safe and respectful workplace for part-time, flexible, and remote workers.

Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data governs the processing of personal data collected during harassment investigations. Employers must ensure that sensitive personal data (health information, investigation notes, witness statements) is processed only for the purpose of the investigation and stored securely.

For DIFC employees, the DIFC Employment Law No. 2 of 2019 provides explicit anti-harassment and anti-discrimination protections, with claims adjudicated by the DIFC Courts. For ADGM employees, the ADGM Employment Regulations 2019 and the ADGM Courts apply.

UAE Anti-Harassment Policy — Common Mistakes That Undermine Its Effectiveness.

1. Providing only one reporting contact. If the only contact is the direct line manager and the manager is the subject of the complaint, the employee has no internal avenue. Always provide at least two contacts: HR and a senior management escalation point.

2. Failing to protect the complainant during the investigation. Allowing the complainant and the respondent to continue working in direct daily contact while the investigation runs creates ongoing harm and may cause the complainant to withdraw the complaint. Interim measures (reassignment, change of reporting line) protect both the complainant and the integrity of the investigation.

3. Using the investigation to discourage reporting. An investigation that is visibly more hostile to the complainant than to the respondent — for example, demanding extensive documentary evidence from the complainant while accepting the respondent's denial at face value — will be characterised by MOHRE mediators and the Labour Courts as procedurally unfair and may result in compensation for the complainant regardless of the investigation outcome.

4. Retaliating against the complainant after a finding of unsubstantiated complaint. Even where an investigation finds a complaint unsubstantiated, the complainant is protected from retaliation under Article 45 of Federal Decree-Law No. 33 of 2021, provided they acted in good faith. A complaint is only 'malicious' if the complainant knew it was false at the time of making it.

5. Not referring criminal conduct to law enforcement. An employer who internally resolves conduct that meets the Article 359 threshold — sexual assault, for example — without referring the matter to the UAE Police may face subsequent criminal investigation for obstructing justice or facilitating the offender's ability to commit further offences.

6. Applying the mainland MOHRE framework to DIFC or ADGM employees. These employees have separate rights under their zone-specific employment laws and are entitled to bring claims before the DIFC Courts or ADGM Courts. A policy that directs them only to MOHRE misstates their rights.

7. Omitting data-protection obligations. Personal data collected during a harassment investigation — medical records, psychological assessments, witness statements — is sensitive data under Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and must be handled with appropriate technical and organisational safeguards.