SECTION I
Employment of Workers
Article 9
Work is an inherent right of the Nationals of the
UnitedArab Emirates. Non-nationals
may not engage in any work within the State except in accordance with the conditions
stipulated inthis Law and its executive
orders.
Article 10
Where National workers are not available, preference inemployment
shall be given to:
1- 1- Workers
of other Arab nationalities.
2- 2- Workers
of other nationalities.
Article 11
There shall be established within the Labour Department
asection
for the employment of Nationals, which shallassume
the following functions:
a.
a. Procuring
employment opportunities suitable for nationals.
b. Assisting
employers by supplying their demand of National workers when
needed.
c. Registering Nationals who are unemployed or seeking
better employment in a special register. Such registration shall be
made at the applicant's own request. Each registered jobseeker
shall be issued, free of charge, a certificate of registration on
the day of application. A registration certificate
shall be
assigned a serial number and shall contain the applicant's
name,
age, and place of residence, occupation, qualification and past
experience.
Article 12
Employers may recruit any unemployed National and shall, in such a
case,notify
the Labour Departmentin
writing within 15 days from recruitment date. Suchnotification
shall specify the employee's name and age, thedate
of employment, the specified wage,the
type of work assigned to him, and the number ofhis
registration certificate.
Article 13
Non-Nationals may not be employed in the United Arab Emirates without the prior approval of
theLabour
Department and before first obtaining an employment permit
inaccordance
with the procedures and regulations laid down by the
Ministry of Labour and Social Affairs.Such
permit shall not be granted unless the following
conditions
are fulfilled:
(a) That
the worker possesses professional competence or educational
qualification the country is in need of.
(b) That
the worker has lawfully entered the country andsatisfied the conditions
prescribed in the residence regulations in force.
Article
14
The Labour Department may not give its approval to theemployment
of non-Nationals until it is satisfied that there are no unemployed
Nationals registered with the employment section who are capable
ofperforming
the work
required.
Article 15
The Ministry of Labour and Social Affairs may cancel awork
permit granted to a non-National in the following
cases:
(a)
(a) If the worker remains unemployed for more
thanthree consecutive
months.
(b) If theworkerno longer meets one
or more of the conditions on the basis of which the permit was
granted.
(c) If it is satisfied that a particular National is qualified
toreplace
the non-National worker, in which case the latter shall
remainin his
job until the expiry date of his employment contract or of
his employment permit, whichever is
earlier.
Article 16
There
shall be established within the Ministry of Labour and Social
Affairs a special section for the employment of non-Nationals,
whose functions shall be specified ina ministerial
resolution.
Article 17
It shall not be permissible for any natural or legal
personto
serve as agent for recruitment or supply of non-National workers unless he is duly licensed to do
so.
Such a licence may only be issued to Nationals and incases
where its issue is considered necessary, and it shall
beissued
by order of the Minister of Labour and Social
Affairs.
A license shall be valid for a renewable period of one
year,and
the licensee shall be subject to the Ministry's
supervisionand
control.No
such a licence shall be granted if a placement office
affiliatedto
the Ministry or to an authority approved by the Ministry
isalready operating in the area and is able to act as
an intermediary
in the supply of labour.
Article 18
No licensed employment agent or labour supplier shalldemand
or accept from any worker, whether before or after the
latter’sadmission
to employment, any commission or material reward in return for
employment, or charge him for any expensesthereby
incurred, except as may be prescribed or approved bythe
Ministry of Labour and Social Affairs.
Persons
supplied by an employment agent or labour
supplier shall, immediately upon assuming employment, be
regarded as employees of that employer and shall have all
therights
of the employees of the firm in which they areemployed.
They shall relate directly with their employer,without
any involvement on the part of theemployment
agent, whose function and relationships withthem
shall cease as soon as they are supplied to
andemployed
by the employer.
Article 19
The Minister of Labour and Social Affairs shall prescribe, by
virtue of ministerial resolutions, the rules, procedures and forms
to be adhered to by
private and public employment agencies, the manner of coordination
of the activities of these agencies, and the conditionsfor
licensing privateemployment
agenciesand
labour suppliers. TheMinister
shall also issue
resolutions prescribing theoccupational
classification tables, which shall serve as a basis
for recruitment.
SECTION II
Employment of Children
Article 20
It shall not be allowed to employ children under the age
of 15.
Article 21
Before employing a child, an employer shallobtain
the following documents and keepthem
in his personal file:
1-
1- A birth certificate,
or an official extract thereof, or age estimation
certificate, to
be issued by a competent
medical officer and authenticated by the competent
health
authorities.
2- A
certificate of medical fitness for the required workissued
by a competent medical officer and duly
authenticated.
3- A
written consent from the child’s guardian ortrustee.
Article 22
The employer shall keepat
the workplace a
special register of children,
showing each child’s name andage,
full name of his guardian or trustee, thechild’splace
of residence and date of employment, and thejob
on which he is employed.
Article
23
No child shall be made to work at night in anindustrial enterprise. The
term "at night" refers to a period of not less than twelve
consecutive hours, including the period from 8 p.m. to 6 a.m.
Article 24
No child shall be employed on any job that ishazardous
or detrimental to health, as defined in a resolution
by the Minister of Labour and Social Affairs, after
consulting the concerned authorities.
Article 25
The maximum working hours for childrenshall
be six a day, intercepted byone or
more breaks for rest, food or prayer, which shallamount
in aggregate to not less than a full hour. Such
break(s) shall be so
arranged that no child shall work for more than four successive hours. No child shall
remain at the workplace for more than seven
successive hours.
Article 26
Children shall under no circumstances be required to work overtime,
orto
remain at the workplace after their prescribed working
hours, or
be employed on a rest day.
SECTION III
EMPLOYMENT OF WOMEN
Article 27
No women shall be required to work at night. The term "at
night"refers
to a period of not less than eleven successive hours, including the period
from 10 p.m. to 7 a.m.
Article 28
The prohibition of night work for womenshall
not apply in the following circumstances:
(a)
(a) Where
work in the firm is disrupted by a force majeure.
(b) Executive
managerial and technical staff.
(c)
Work
in such health services and other business as may bespecified
in a resolution by the Minister of Labour and
Social Affairs, if
the female worker is not normally engaged in manual work.
Article 29
No women shall be employed on any job that is
hazardous,arduous
or physically or morally detrimental or on any other work as may be
specified in a resolution by the Minister of Labour andSocial
Affairs, after consulting the concerned authorities.
Article 30
A female worker shall be entitled to maternity leave
with full pay for a period of forty five days, including both
pre and post natal periods, provided that she has completed not less than one year of
continuous service with her employer.A
female worker whohas
notcompleted
the aforesaid period of service shall be entitled to maternity
leave with half pay.
A female worker who has exhausted her maternity leave may be
absent from work without pay for a maximum period of100
consecutive or non-consecutive days if such absence is due to an illness
preventing her from resuming her work. A medical certificate issued
by a duly authorized medical institution or authenticated by the
competent health authority confirming that the illness is a result
of pregnancy or delivery shall document such illness.
The leave provided for in the preceding two paragraphs shall
not be deducted from other leave periods.
Article 31
During the 18 months following her delivery, a femaleworker
nursing her child shall, in addition to any prescribed rest period, be
entitled to two additional breaks each day for this purpose, neither of which shall exceed half an
hour.
These two additional breaks shall be considered as part
ofthe
working hours and shall not entail any reduction ofwage.
Article 32
A female wage shall be equal to that of a male if she performs the
same work.
SECTION IV
Rules Common to Employment ofChildren
and Women
Article 33
The Minister of Labour and Social Affairs may resolve that
charitable and educational institutions be exempted from all or
some of the provisions of the preceding two Sections of this
Chapter, if the objective of such institutions is to provide
vocational training or education for children or women, and
provided that the internal regulations of such institutions shall
specify the nature of activities undertaken by children and women
at these institutions, and their employment terms and working
hours, in a manner that is not incongruent with the actual
endurance of children and women.
Article 34
The following persons shall be held punitively responsible for
observance of the provisions of Sections II and III of this
Chapter:
a.
Employers or their representatives.
b. A child’s guardian or trustee, a woman’s husband or
guardian, or a minor woman’s trustee - who consents to the
employment of children or women contrary to the provisions of this
Law.