UAE new mental health law came into effect: implications for employers

Federal Law No. 10 of 2023 is a new UAE law that regulates the relationship between psychiatric patients and various entities, including employers. It provides guidelines to ensure the protection, dignity, and rights of individuals with mental health conditions.
It applies across the UAE, except the financial free zones, the

When did the new Mental Health Law come into effect?

The new law came into effect on 30 May 2024.

What are the key employment provisions of the new law?

Non-discrimination: Employers cannot restrict work or terminate employment due to mental health conditions without a medical committee report.
Privacy and confidentiality: Employers must maintain strict confidentiality of employees' mental health information.
Supportive work environment: Employers must ensure a workplace that respects and meets the needs of employees with mental health conditions.

How does the new law affect the termination process for employees with mental health conditions?

The law stipulates that an employer cannot terminate an employee due to a mental health condition unless a specialised medical committee provides a supporting report. This adds an extra step in the termination process to ensure fair treatment of employees with psychiatric disorders.

How does the law address non-discrimination in employment?

The law prohibits employers from restricting work or terminating employment based solely on an employee's mental health condition. A specialised medical committee report must support any such actions, ensuring fair and justified decisions.

What are the requirements for maintaining privacy and confidentiality? Employers are required to handle mental health information with the highest level of discretion. This information should only be accessible to authorised personnel and used for relevant health and safety purposes, protecting employees' privacy.

What does the law say about creating a supportive work environment? Employers must reasonably adjust the workplace and job roles to support employees' mental well-being. This may include flexible working hours or additional breaks for employees undergoing treatment or facing mental health challenges.

What steps should employers take to comply with the new law?

Employers should:

Ensure compliance through updated policies and procedures.
Provide training for management and HR on mental health awareness and legal requirements.
Review and revise employment contracts and company policies as needed.
Establish or enhance mental health support mechanisms, such as counseling services and employee assistance programmes.

By complying with the law, employers can foster a more inclusive, supportive, and productive work environment, benefiting employees and the business.