In the application of the provisions of this Resolution, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise:
State: United Arab Emirates.
Ministry: Ministry of Human Resources & Emiratisation.
Authority: Securities & Commodities Authority (SCA).
Central Bank: The Central Bank of the United Arab Emirates.
Decree-Law: Federal Decree-Law No. (33) of 2021 Regulating Labour Relations.
Employer: Every natural or legal person employing one or more Workers in return for a Wage of any type.
Basic Wage: The wage specified in the employment contract, which shall be paid to the Worker in return for his work under the employment contract, on a monthly, weekly, daily, hourly or piece-meal basis, and does not include any other allowances or benefits in kind.
Total Wage: The basic wage, plus the cash allowances and benefits in kind decided for the Worker under the employment contract or this Law, and it may include: The benefits in kind that the Employer shall provide to the Worker or cash equivalent thereof, if they are determined as part of the wage in the employment contract or the Statute of the Establishment, or the allowances to which the Worker is entitled to in return for the effort exerted thereby, or the risks they are exposed to in the performance of their work, or any other reasons. Or the allowances given to meet the high cost of living, or a percentage of sales, or a percentage of the profits paid in return for what the worker markets, produces, or collects.
Alternative Scheme: An optional scheme alternative to the End of Service Gratuity Law in force in accordance with the Decree Law and its executive regulations, under which the employer shall pay a monthly subscription to the Investment Fund. In return, the beneficiary shall, upon the end of their service, receive, dues thereof from the basic subscription amount allocated thereto, along with any investment returns resulting therefrom as an alternative to entitlements thereof from the end of service gratuity, in accordance with the provisions of this resolution.
Investment Fund: Investment fund licensed by the Authority in accordance with the regulations issued thereby in this regard for the purposes of the alternative scheme.
Fund Offering Document: The document that specifies the details and conditions of the offering and all information related thereto and necessary to introduce the product that shall be offered, in accordance with the regulations recognised by the Authority.
Beneficiary: The worker registered in the alternative scheme, who was chosen by the employer to receive their dues and benefits according to the alternative scheme during the employment relationship.
End of Service Gratuity: The remuneration paid by the employer to the worker (beneficiary) upon the end of the specified service thereof in accordance with the provisions of the Decree Law.
Skilled Labour: The worker who works according to the professional levels (from the first to the fifth) and receives a monthly salary of not less than (4,000) four thousand Dirhams or its equivalent, according to the labour classification system in the labour market in the State, approved in accordance with Cabinet Resolution No. (2/2 W) of 2022 regarding updating the labour classification system in the labour market in the State.
Basic Subscription: The financial amount paid by the employer on a monthly basis for the purposes of implementing the alternative scheme, in accordance with the provisions stipulated herein.
Voluntary Subscription: The financial amount that shall be paid from the beneficiary wages on a monthly or annual basis based on desire thereof, in accordance with the provisions of this resolution.
Investment Fund Service Providers: Legal entities licensed by the Authority to provide services to the Investment Fund in accordance with the standards and obligations set forth in the appendix attached hereto, which include: