UAE Labor Law of 2014






UAE Labor Law

UAE LABOUR LAW 2014

FEDERAL LAW NO. (8) OF 1980

LABOUR LAW AND ITS AMENDMENTS

 

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DINING TABLE OF CONTENTS

Chapter I

* General and Meanings Provisions ……………………………………….. 1-5

Chapter II

Work of Employees, Juveniles and Women

Section 1

Job of Workers …………………………………………………….. 5-8

Part 2

Work of Juveniles …………………………………………………….. 8-9

Part 3

Work of Ladies ……………………………………………………. 9-11

Part 4

Common Provisions for Employment of Juveniles ………………………….. 11

and Women

Chapter III

Job – Contracts, – Records –

Area 1

* Individual Job Contracts  ……………………………………….. 12-13

Part 2

Vocational Training Contract ……………………………………………… 13-16

Area 3

* Files and Files ………………………………………………………….. 16-17

Section 4

* Remuneration  ……………………………………………………………… 18-20

Chapter IV

Performing Hours and Leaves

Part 1

Working Hours …………………………………………………………….. 20-22

Section 2

* Leaves ………………………………………………………………………. 22-25

Chapter V

Protection, Coverage, and Their Health and Personal Care

of staff members ………………………………………………………………. 25-28

Chapter VI

* Disciplinary Rules ………………………………………………………… 28-30

 

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Chapter VII

Termination of Employment Contract and End of

Service Remuneration

Area 1

* Termination of Work Contract ……………………………………. 31-38

Section 2

*  End of Service Remuneration  …………………………………………….. 38-40

Chapter VIII

Indemnity For Labour

Accidents and Occupational Diseases …………………………………… 40-44

Chapter IX

Collective Labour Disputes ………………………………………………. 44-47

Chapter X

Labour Inspection ………………………………………………………… 47-50

Chapter XI

* Penalties ……………………………………………………………………  51-52

Chapter XII

Concluding Provisions ……………………………………………………. 52-53

Schedule 1

Occupational Conditions  …………………………………………………….. 54-56

Schedule 2

Permanent Impairment Compensation Assessment  ……………………….. 57-58

Schedule 3

Terms and arrangements regulating the circulation …………………………… 59

of this Death Compensation among the list of household people in the

Dead Employee

FEDERAL LAW NO. (8) OF 1980

CONCERNING THE ORGANIZATION OF LABOUR RELATIONS

We, Zayed Bin Sultan Al Nahyan, President of this United Arab Emirates; After

perusal of the conditions of this provisional Constitution; and Law No. 1 of 1972

concerning the competence of Ministries, powers of Ministers and Laws bringing

amendments thereto; and

According to the suggestion associated with Minister of Labour and Social Affairs; the

endorsement for the Council of Minsters therefore the Federal National Council as ratified by

the Federal Supreme Council, decree as uses:

CHAPTER 1

DEFINITIONS AND GENERAL PROVISIONS

1. DEFINITIONS

ARTICLE (1)

for the implementation of the conditions of this Law, the following terms and

expressions shall have the meanings opposite thereto unless the framework requires

usually:

“Company”   : Any normal or juridical person using one

or higher employees in consideration of a

remuneration of any sort at all.

“Employee”   : Any male or female person who receives

remuneration of any type for work performed

thereby into the solutions of a manager and under

their control or management, no matter if the employee

is off employer’s sight. This definition shall also

utilize to officials and employees whom are in the

service of this company and are usually subject to the

provisions hereof.

“Establishment”  : Any economic, manufacturing, technical or

 

commercial unit in which workers are employed

therefore the objectives of that are to create or

market products or to produce services of

any sort.

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“Work Contract” : Any Agreement, whether for a restricted or for an

endless duration, concluded between an

an Employee and employer under which the

latter undertakes to function within the service of the

workplace and under their administration or control

against a remuneration payable to him by the

manager.

“Work”    : Any human energy, be it specialized, intellectual or

physical, extended against a remuneration

if the said work is permanent or

short-term.

“Temporary Work”  : Work which is by nature to be performed or

finished within a particular period of time.

“Agricultural Work”  : Work concerning dirt ploughing, cultivation, and

harvesting of any form of plants because well as

reproduction of cattle, chicken, silkworms, bees and

the like.

“Continuous Service” : continuous service with similar employer

“Remuneration”

*

or their lawful successor from the time of

commencement of this service.

: Remuneration is whatever is provided to the

employee in consideration of their services under

the work contract, whether in cash or in

type, payable yearly, once a week, month-to-month, each day,

hourly, or by piece-meal or pro rata to the

production or as a percentage.

The remuneration includes the high expense of

*

Amended by Federal Law No. (12) of 1986.

living allowance, and any advantage provided to the

worker in incentive for his honesty or

efficiency, supplied always that these amounts

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BASIC REMUNERATION

*

are given in the business bylaws or in the

employment agreement, or typically used or

issued to your workers, until they have been

regarded by these as an essential component of the

remuneration instead of a contribution.

It is the pay provided for in the employment

agreement during its legitimacy between both functions.

Allowances whatsoever are perhaps not included in this

remuneration.

“Employment Injury” : Any for the work-related diseases placed in the

schedule connected hereto or any other accident

suffered by the employee throughout the performance

or as a consequence of his work. Any accident

sustained by the employee on his way to or back

from his work shall be deemed an employment

injury provided that the travel to or from the place

of work is made right, without wait, default

or diversion from the normal course.

“Labour Department”  : Branches associated to your Ministry of Labour,

having competence to seem into Labour Matters

in the Emirates, Members of this Federation.

2. GENERAL PROVISIONS

ARTICLE (2)

The Arabic Language is the one to be utilized in all files, contracts, documents, statements

along with other files as can be provided for in this Law or in every instructions or

regulations issued in utilization of the terms hereof. The application of Arabic shall

additionally be compulsory in circulares and instructions released by the employer to his

staff members. If an overseas vocabulary aside from the Arabic language can be used, the Arabic

vocabulary shall prevail over other texts.

 

*

Amended by Federal Law No. (12) of 1986.

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ARTICLE (3)

*

The arrangements of this Law are not applicable towards the next categories:

a) Officials, workers and employees for the Federal Government, Governmental

Departments for the Member Emirates of the State, Officials, workers and

workers of municipalities as well as various other officials, employees and workers,

involved in Federal and neighborhood general public divisions and companies, since well as

the workers, officials and workers appointed for political Federal and

Neighborhood Projects.

b) people in the Armed Forces of Police and protection.

c) Domestic servants doing work in personal residences while the love.

d) Workers used in Agriculture or pastures, other than those persons

utilized within the farming corporations involved in processing their particular products

or those completely engaged in operating or repairing mechanical machines

necessary for Agriculture.

ARTICLE (4)

All amounts payable to the employee or his beneficiaries under this Law shall have

lien on all the employer’s movable and immovable properties. And payment thereof

shall be made immediately after payment of any legal costs, amounts because of to the

public Sharia and treasury alimony granted to wife and children.

ARTICLE (5)

Cases filed by employees or their beneficiaries under this Law shall be exempted from

court fees at all stages of litigation and execution and shall be expeditiously heard. In

the event of non-acceptance or dismissal associated with action, the judge may order the

Plaintiff to spend all or part of the expenditures.

ARTICLE (6)

**

Without prejudice to your terms regarding the collective labour disputes,

stipulated hereunder, in the event that manager, employee or any beneficiary thereof lodges claim

*

Amended by Federal Law No. (24) of 1981 and amended for the second time by Federal Law No. (12) of 1986.

**

Amended by Federal Law No. 12 of 1986.

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regarding any of this liberties occurring to any of these under this law, he is required to

use towards the worried Labour division, additionally the second shall call both functions and

will simply take whatever is considered necessary for settlement of dispute between them

amicably. However, if amicable settlement is not reached, the said division must

send the conflict to your skilled Court within a fortnight from the day of application

being submitted to it. The scenario so referred should be accompanied with a memo

giving a summary of this conflict, proof of both functions as well as the responses regarding the

Department.

Within 3 days from date of bill of this application the legal will repair a hearing

for the case, and a summon to this result is supposed to be offered upon both functions of the

dispute. The Court may request a representative to appear for the Department of

Labour to clarify the articles of the memo posted by it.

In all cases no claim for almost any liberties due based on the arrangements of the Law will be

heard after lapse of one year from date of its maturity, neither will the action be heard

if the procedures given to in this Article have not been complied with.

ARTICLE (7)

Terms inconsistent using the conditions of this Law including those whose effective

day may precede the administration of the Law shall, unless these are typically shown more

useful to the employee, be deemed null and gap.

ARTICLE (8)

Dates and times stipulated herein shall be construed based on the gregorian

schedule. In the program associated with conditions of the Law a calendar year is 365 days

and month is 30 days unless mentioned otherwise within the work agreement.

CHAPTER II

EMPLOYMENT OF EMPLOYEES, JUVENILES AND WOMEN

PART I

EMPLOYMENT OF WORKERS

ARTICLE (9)

Work is a right of this United Arab Emirates Nationals. Other individuals might not by employed

in the United Arab Emirates except as provided for in this Law and its executive

requests.

 

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ARTICLE (10)

Into the event of non-availability of national preference, employees shall be given to:

1.Arab employees who are nationals of an Arab Country.

2.Workers of various other nationalities.

ARTICLE (11)

a part during the Labour Department shall be created for the employment of nationals

and shall be vested because of the next functions:

a. Supply of suitable employment opportunities for nationals.

b. Giving support to employers to fulfill their needs of national

workers when needed.

c. Registering unemployed nationals and people who seek much better tasks in a special

register. The subscription shall be made as requested by the workers and

certificates of registration shall be awarded free of cost in the time of

publishing the applications. The registration certificate shall be provided with a serial

number and shall range from the applicant’s name, place, get older of house,

Career, qualifications and past knowledge.

ARTICLE (12)

Unemployed nationwide workers can be recruited by employers which must inform the

Labour division of the same in composing within fifteen days from time of

work. The notice shall range from the employee’s name, get older, the date on which he

assumes his obligations, the remuneration repaired for him, the variety of work assigned to your

as well as the serial wide range of the certification of enrollment.

ARTICLE (13)

Staff members who aren’t UAE nationals can be utilized into the United Arab Emirates

only after approval of this Labour Department and also the obtainment of a work license in

accordance with the treatments determined by Ministry of Labour and personal matters.

Work licenses may only be granted if the following circumstances are satisfied.

a. That the worker features the professional competence of educational

qualifications that are necessary by the State.

b. That the employee has lawfully entered the Country and complies with the

conditions stipulated by the home regulations in power in the State.

 

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Article (14)

The Labour Department may not accept the work of employees whom are not

UAE nationals unless its records reveal that not one for the unemployed national

staff members just who are registered utilizing the Labour Section is competent for the job.

ARTICLE (15)

The Ministry of Labour and Social Affairs may cancel work permits granted to nonnationals

in

any

of

the

following

situations:

a.

If the employee continues to be unemployed for a duration exceeding three consecutive

months.

b. If the staff member fails to satisfy one or more of the circumstances on basis of which

the license is given.

c. In the event that Ministry is satisfied that a certain national worker is competent to

replace the employee; in this case the employee shall continue to carry out his

work until the expiration of their agreement of employment or their work permit,

whichever happens earlier on.

ARTICLE (16)

A special part shall be founded during the Ministry of Labour and personal Affairs for

the work of non-nationals plus the functions of said area shall be regulated

by a Ministerial Resolution.

ARTICLE (17)

No all-natural body-corporate or person is permitted to work as supplier or broker of

non-national staff members unless he has a license to accomplish therefore.

However, such permit can be granted if need therefore needs just to nationals by

order of this Minister of Labour. A license shall be valid for one 12 months subject of

revival, therefore the licensee shall be under the supervision and control associated with the Ministry.

Stated Licenses might not be awarded if an Employment Office relating to the Ministry

or to an authority authorized by the Ministry has already been running in the location and it is able

to work as intermediary to supply labour.

ARTICLE (18)

It is maybe not permissible for any certified labour representative or supplier to need or accept

from any employee whether before or after his recruitment, any commission or material

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incentive in consideration for organizing such recruitment, nor may he get from him

any expenditures except as can be decided or approved by the Ministry of Labour and

Personal Affairs.

The individuals provided by a recruitment representative or a labour provider shall, immediately

upon signing up for the solution of a company, be considered employees of that company

and shall be entitled to all of the liberties enjoyed by the staff members for the organization in

that they are used. The relations between such employees while the employer

shall be direct and without any disturbance from the labour broker whoever job and

relation with all of them shall stop to exist because quickly as these are typically introduced to and employed

by the boss.

ARTICLE (19)

The Minister of Labour and personal Affairs shall determine all guidelines, formalities and

kinds utilized by private and public labour workplaces because well as collaboration and

coordination ways to be used between the various tasks of the workplaces and

the problems under which permits may be issued for the establishment of private

employment offices or companies or labour suppliers. Listings showing professional

categories to be utilized as foundation for placement operation shall additionally be defined by the

Minister of Labour and Personal Affairs.

AREA 2

EMPLOYMENT OF JUVENILES

ARTICLE (20)

It is forbidden to use a juvenile of either intercourse before he/she finishes fifteen years

of get older.

ARTICLE (21)

Before a juvenile is utilized, the workplace shall acquire these documents

from him/her and keep them in the juvenile’s personal document:

1. A beginning certification of an official extract thereof or a get older estimation certificate

given by a skilled medical officer and endorsed by the skilled Health

Authorities.

2. A certification given by a skilled medical officer and duly attested to the

effect that the juvenile concerned is medically fit for the work.

 

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3. A penned consent finalized by the juvenile’s guardian, or custodian.

ARTICLE (22)

The company shall keep a special register for the juveniles during the work premises,

showing the juvenile’s name, full name of juvenile’s guardian, spot or custodian of

Date, residence of employment and task name.

ARTICLE (23)

Juveniles might not be utilized at night in manufacturing jobs. The term “night” shall

mean a time period of maybe not not as much as twelve successive hours such as the period from 8

p.m to 6 a.m.

ARTICLE (24)

Juveniles may not be used in tasks which are considered hazardous, exhausting or

harmful to health since may be determined by the Minister of Labour after consulting

utilizing the skilled authorities.

ARTICLE (25)

The maximum number of real doing work hours for juveniles shall be six hours per

time. During functioning hours one or more break times ought to be given for rest, meals

or prayer functions supplied that such time should never be lower than one hour. Such

Times or time need to be determined in a way that juveniles may not work

consecutively over four hours. A juvenile may not stay continuously over seven

hours during the place of work.

ARTICLE (26)

Under no circumstances, may juveniles by instructed to get results overtime, stay in the

employment properties beyond the hours of work repaired for all of them or asked to work on

holidays.

AREA 3

WORK OF WOMEN

ARTICLE (27)

Ladies may not be necessary to work at evening. The expression “night” implies a time period of not

not as much as eleven consecutive many hours including the period from 10 p.m to 7 a.m.

ARTICLE (28)

The next situations shall be excepted through the clause prohibiting women to function at

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evening.

a. Into the event where in actuality the work with the institution is stopped because of to force

majeure.

b. Work in responsible managerial and technical jobs.

c. Work in various other and medical solutions as can be decided by the Minister of

Labour and Social matters if the performing lady does perhaps not normally hold out a

handbook work.

ARTICLE (29)

Ladies may not be used where tasks are dangerous, dangerous or detrimental to

Morals or health, as well as in such other jobs as may be decided by the Minister of Labour

and personal Affairs after consulting because of the competent authorities.

ARTICLE (30)

A working woman is entitled to maternity leave with full pay for a period of forty five

days such as the time before and after delivery, supplied that her continuous period

of service with the manager should never be lower than a year, however if a performing woman

features maybe not finished the stated period, the pregnancy keep shall be with half pay.

an operating girl, on the expiration of this pregnancy leave, may cease work

without pay for an optimum period of one hundred consecutive or periodic days if

such absence is due to disease which does perhaps not enable the girl to resume work. Such illness

shall be evidenced by a medical certification given by a health expert attested by

the competent wellness expert or supported by such authorities towards the effect that the

illness resulted from maternity or distribution.

Keep given to in the preceding two paragraphs shall never be computed as component of

various other leaves.

ARTICLE (31)

In inclusion to virtually any recommended remainder duration, a functioning lady nursing the woman child shall,

throughout the eighteen months following the date of distribution, be entitled to two

additional breaks each day for this purpose, neither of which shall exceed half an

hour.

These two extra durations shall be considered as performing hours and shall perhaps not cause

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any decrease of remuneration.

ARTICLE (32)

A working lady shall be entitled towards the same wage as that of a functioning man, if she

does exactly the same work.

PART 4

COMMON ARRANGEMENTS FOR WORK OF

JUVENILES

ARTICLE (33)

The Minister of Labour and Social Affairs may decide to exempt charity and

informative companies from all or an element of the terms stipulated in the two

preceding sections of this Chapter if the items of these organizations are to provide

vocational rehab or training to juveniles or ladies on condition that the bylaws

among these organizations provide for the nature of this work to be held off by

The, juveniles and women, the working conditions and hours in a way that

commensurate with all the actual potentiality of females and juveniles.

ARTICLE (34)

Criminal liability in respect of this enforcement of the conditions provided for in

Areas 2 and 3 of this Chapter shall be sustained by:

a. The companies of the representative.

b. The trustees or Guardians of juveniles, husbands, guardians or trustees of

small females if they have agreed to the employment of females and juveniles

contrary to the conditions for the Law.

CHAPTER III

WORK CONTRACTS, RECORDS AND REMUNERATION

SECTION 1

INDIVIDUAL EMPLOYMENT CONTRACTS

 

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ARTICLE (35)

Subject to the terms of Article 2, the employment agreement shall be made in

duplicate, on backup to be provided with to your staff member therefore the other to your company.

In absence of a written contract all of its problems can be shown by all legal means

of research.

ARTICLE (36)

The employment agreement shall in particular specify the day of its conclusion, the day

on which work starts, nature and place of work, duration regarding the agreement within the case

of contract with restricted period therefore the amount of the remuneration.

ARTICLE (37)

*

The worker can be appointed for a probationary duration not to ever meet or exceed six months,

and the workplace may end the services associated with the employee during this period

without providing notice or conclusion of solution remuneration. Appointment for the employee

on probation basis into the solution of one specific manager might not be made more

than when. However in the event that employee passed the probationary duration satisfactorily, and

remained in service, such duration of solution shall be computed within the period of his

service.

ARTICLE (38)

An employment contract may often be for a limitless or limited duration. If it is for

a restricted period, such period shall maybe not exceed four years therefore the contract may with

mutual arrangement be restored one or more times for comparable or shorter period/periods.

Into the occasion of renewal of the agreement the brand new period/periods are considered to be an

extension for the initial duration and shall be added thereto in computation of the

employee’s total duration of service.

ARTICLE (39)

a work contract is considered an agreement for an unlimited period effective

from the time of its commencement in virtually any associated with the next situations:

1.If it is not concluded in writing .

 

*

Amended by Federal Law No. (12) of 1986.

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2. If it is designed for an endless duration.

3. If it is made in writing for a minimal duration and will continue to be used by both

functions after lapse of its period without a written arrangement among them.

4. If it is determined for the performance of a specific work which is why no period is

fixed, or if perhaps the task by its nature calls for revival, and has remained in force

despite the conclusion of work consented to.

ARTICLE (40)

If both events have continued to use the agreement after the lapse of its original term

or completion of work agreed to, without an express arrangement, it should be

comprehended that the original contract has been extended under the same conditions

except for problem regrading its duration.

ARTICLE (41)

If a boss entrusts another celebration because of the overall performance of any of his standard works

or any component thereof, this latter becomes exclusively accountable for any entitlement because of to

the workers doing the subsidiary work under the conditions of this Law.

SECTION 2

VOCATIONAL TRAINING CONTRACT

ARTICLE (42)

A vocational training contract is an agreement under that the manager of an

institution undertakes to equip an individual who attained at least twelve many years of

age with full vocational education in compliance utilizing the vocation concepts. The

apprentice shall undertake to offer the company throughout the training period under such

terms and for such period as can be agreed. The training contract shall be made in

writing, otherwise it shall be null and gap. Additionally the any person or employer giving

the training needs to be properly experienced and competent in the trade or vocation in

which the employee is to be trained. Also, technical facilities and conditions

necessary for teaching the vocation or trade must be made available at the

organization it self.

ARTICLE (43)

A trainee whom attains appropriate age shall signal the contract himself. It is maybe not permissible for

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any one that failed to attain 18 years of get older to enter into training agreement straight by

himself, but shall be represented by his legal or natural trustee or guardian.

ARTICLE (44)

1. A training contract shall be built in at least three copies, one of which shall be

deposited utilizing the skilled labour department for subscription and

authentication purposes. Each one of the two parties shall keep one authenticated

company.

2. If the education agreement which must be signed up includes any provisions

contrary to your Law or perhaps the legislation and purchases released in implementation

thereof, the competent labour division may require the functions thereof to

remedy thereto.

3. If the competent labour department does perhaps not make any opinion or objection

within a time period of one month through the date on which the training contract is

deposited therewith, the agreement shall be deemed de facto endorsed from date

of its deposit.

ARTICLE (45)

The education agreement shall include details in the identity of events thereto and/or their

representatives while the situation may be collectively using the procedures, levels, duration and

the vocation topic of this training.

ARTICLE (46)

The boss shall provide the trainee enough time for theoretical knowledge and shall

throughout the period fixed in the agreement teach him on the appropriate techniques and skills

associated with vocation which is why he is employed; the employer shall also grant the trainee a

certificate on completion of each stage of training according to the provisions

contained in this area and a final certification on completion for the training period.

The last certification shall be endorsable by the skilled Labour Department in

conformity with such processes and principles because may be determined by the Minister of

Labour and Social Matters.

ARTICLE (47)

The education contract may include an undertaking by the workplace towards the impact that on

conclusion of their education he shall work with the manager or during the establishment

where he has been trained for a period maybe not exceeding two times the training duration. The

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workplace may undertake in the education contract to use the employee on

completion of the latter’s period of education.

ARTICLE (48)

The Contract shall figure out remuneration to be compensated for each stage of education, and

the remuneration for the last phase shall not be less than the minimum salary

given for a similar work and shall perhaps not in any instance at all be repaired on piecemeal

basis

or

on

production

foundation.

ARTICLE (49)

A trainee that is under 18 several years of get older shall before commencement of training

undergo medical evaluation to ascertain their health condition and ability to carry out

the duties for the vocation for which he desires to be trained, should particular physical

and health conditions be necessary. The health report should certify that the trainee

prospect satisfies the real and health conditions needed.

ARTICLE (50)

The Minister of Labour

and investments which need apprenticeship and repair the duration of education of such

Trades and vocations, theoretical and practical training programs, the problems of

assessment and also the certificate given on completion associated with training period.

The Minister shall provide his decision in this respect after taking the viewpoint of the

public organizations concerned. In all instances the Minister may consult one or more

professionals within the occupation or holiday where apprenticeship is required to be controlled.

ARTICLE (51)

The Minister of Labour and personal Affairs may choose to establish vocational training

facilities on their own or in co-operation with nationwide, international or international

Vocational or non-profit bodies.

The decision to establish a center shall determine the vocation for which education is to

be provided, condition for entry towards the center, the theoretical and practical

curricula, the rules of vocational certificates and any and examinations and any other matters

necessary for much better performance associated with the center.

ARTICLE (52)

 

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The Minister of Labour and Social Affairs may impose upon such companies,

Businesses and proprietors of industries, vocations and trades as may be determined

by him to accept a certain number or a particular portion of nationwide students for

work under such terms and problems as well as for such times as may be determined by the

Minister of Labour. Additionally, the Minister of Labour might need said

Companies, businesses, and proprietors of sectors, vocations and trades because may

be decided by him to take for training purposes and additional practical

knowledge a specific wide range of a specific portion of pupils of manufacturing and

vocational facilities and institutes pupils under such terms and conditions and for such

periods since may be concurred because of the handling of the organization worried.

PART 3

DOCUMENTS AND FILES

ARTICLE (53)

*

Each workplace utilizing five or higher staff members shall comply with the next :

1. He shall keep a special file for each worker, showing his career, title,

Nationality, age, location of house, marital standing, effective date of solution,

pay and whatever changes effected regarding the charges, pay invoked against him,

accidents and vocational conditions sustained by him, day of solution termination

and causes of that.

2. He shall prepare a card for each staff member and keep it in their personal file. The

card is to be split into three components, one for annual leaves, the next for

sick leaves therefore the third for any other leaves. The manager or whoever works for

him shall record in this card any actually leaves acquired by the worker, and it shall

be referred to this card anytime the staff member applies for leave.

ARTICLE (54)

*

Each boss employing fifteen or more staff members shall hold in each location of

Branch or company exactly where he methods company, these documents and files:

 

*

Amended by Federal Law No. (12) of 1986.

*

Amended by Federal Law No. 12 of 1986.

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1. Join of earnings: In this register names of employees are to be listed

showing the dates for signing up for of solution, and correcting the quantity of everyday,

Weekly or month-to-month pay, along featuring its benefits, or piece-meal pay, or the

percentage every single one of them, their business days, additionally the time for their final

deviation from work.

2. Join of work accidents: All work injuries accidents and vocational diseases

sustained by the staff members shall be recorded in this register because quickly as they

are brought to the knowledge of workplace.

3. The Regulations of this Work: These regulations shall especially determine the

each day working hours, once a week vacation, various other breaks, necessary steps and

precautions you need to take for avoiding work injuries, and fire dangers. They

shall be exhibited at noticeable destination into the premises of business. Such regulations

and any amendments thereof, will maybe not take impact, unless they have been

authorized by the Labour Department within thirty days from the time they are

submitted thereto.

4. Penalties Sheet: It has to be exhibited at a visible spot within the premises of

business, listing the charges that may be invoked regarding the defaulting

employees, and citing the cases and problems for putting them into operation.

Enforcement of penalties and any amendments thereof, should be subject to

acceptance by the Ministry of Labour within thirty day through the day of

submitting exactly the same thereto.

PART 4

REMUNERATION

ARTICLE (55)

Remuneration shall be compensated on a working day and at the destination of work in the lawfully

circulating nationwide currency.

ARTICLE (56)

Workers involved on annual or month-to-month remuneration shall be compensated at least when a

month. All other employees shall get their remuneration at least as soon as every two

weeks.

ARTICLE (57)

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The daily remuneration of a staff member on piece pay shall be computed on the basis of

the typical pay gotten for actual times of work during the period of six months prior

to the termination of service.

ARTICLE (58)

Settlement of the remuneration payable to employees irrespective of its quantity or

nature shall be evidenced just in writing, by statement or oath. Any contract to

the contrary shall be void and null even if made before the effective date of the Law.

ARTICLE (59)

No employee shall be obliged to buy meals or other commodities from particular shops or

products made by the boss.

ARTICLE (60)

Any quantities of cash may not be subtracted through the employee’s remuneration to

recuperate particular liberties, except into the next cases:

a. Repayment of advances or quantities of cash paid to the worker in excess

of their entitlement, supplied that deduction in this instance may not meet or exceed 10% of

the employee’s periodic pay.

b. Installments that are payable by law by the staff members from their

remuneration, such as social insurance and security schemes.

c. Subscriptions associated with workers into the saving investment or advances due for

payment to your investment.

d. Installments in respect of any social scheme or various other privileges or services

provided by the workplace and approved by the Labour division.

age. Fines enforced upon the employee because of to offenses dedicated by him.

f. Any debts payable in execution of judge judgment provided that maybe not even more than

 

an one-fourth associated with the employee’s pay shall be deducted. In the occasion of numerous

Debts, half or creditors associated with remuneration at the most may be deducted and

the sums of cash connected shall be split pro rata among beneficiaries after

payment of any legal alimony amounting to one quarter associated with the remuneration.

– 19 –

 

 

ARTICLE (61)

*

If the worker has caused the loss, harm or damage to your tools, devices,

Products or equipment possessed by or stored in custody for the company, to the level that

participation for the employee ended up being because of to their fault or violation regarding the employer’s

instructions, after that the boss features the choice to reduce from the employee’s pay the

amount required for rectifying mistake or rebuilding the item to its initial problem,

provided that the amount to be deducted shall perhaps not exceed five day pay each month.

The employer can apply to your competent court through the worried Labour

Division for authorizing him to deduct more than this quantity in the event that worker is

economically sound or has another source of cash.

ARTICLE (62)

The company might not transfer a worker through the monthly pay to your daily,

Hourly, weekly or piece work pay except aided by the latter’s written consent.

ARTICLE (63)

The minimal the price and salary of living allowances payable usually or with

regard to a certain location or a specific career, shall be fixed by a Federal Decree

issued pursuant to proposal made by the Minister of Labour and personal matters and

authorized by the Council of Ministers. The Minister’s suggestion shall be made either

for reconsideration or information associated with the minimal pay after consulting with the

skilled authorities and trade agencies if any for both companies and employees

according to schedules and researches of the price of living price fluctuations ready by

concerned authorities in the State. Such minimum pay shall in all cases be enough for

the employee’s fundamental needs and also to secure means of living.

ARTICLE (64)

Minimum salary and its amendments shall come into operation from time of

publication associated with particular decree within the certified Gazette.

CHAPTER IV

FUNCTIONING MANY HOURS AND LEAVES

PART 1

OPERATING HOURS

*

Amended by Federal Law No. (12) of 1986.

– 20 –

 

 

ARTICLE (65)

The max typical working hours for person staff members shall be eight hours per day

or forty eight many hours per week. However, working hours for the staff members of

commercial watchmen, restaurants, companies, accommodations and comparable functions may

be increased to nine many hours a day as determined by the Minister of Labour.

Likewise, functioning hours a day in respect of hazardous work or work harmful to

health, can be decreased by decision of this Minister of Labour and personal Affairs.

During the month of Ramadan, normal operating hours shall be decreased by a couple of hours.

Time spent by the employee in transportation form their house to your location of work shall

never be incorporated into the performing hours.

ARTICLE (66)

Daily working hours shall be controlled in a way that no staff member shall work over

five many hours consecutively without break times for remainder, food and prayer with a total not

not as much as one time, supplied that such occasions shall never be counted in operating hours. In

Factories and workshops in which work is rotated on day and night shift basis, or in

places of business where economic and technical factors necessitate round the clock

work, break times for rest, food and prayer shall be determined by the Minister.

ARTICLE (67)

If circumstances of work necessitate that a worker works more than the normal

operating many hours, the additional time shall be considered overtime, for that the employee

shall obtain a remuneration equal to that corresponding to his regular operating hours

plus an extra of at minimum 25 percent of such remuneration.

ARTICLE (68)

If scenario of work necessitate that a staff member works overtime between 9.00

p.m and 4.00 a.m., he shall be entitled to normal operating hours pay plus an increase

equal to at least 50% of such pay.

ARTICLE (69)

Actual overtime might not meet or exceed couple of hours a day unless work in essential to

stop considerable loss or serious collision or to get rid of or relieve its effects.

ARTICLE (70)

Friday is the typical weekly holiday for all staff members except for everyone on day-to-day wage

– 21 –

 

 

angles.

If the employee is needed to operate on Friday he shall be granted one day down for rest

or be compensated the fundamental pay for typical working hours plus 50% increase at least of such

pay.

ARTICLE (71)

Except for labourers on everyday wage a worker may not focus on even more than two

Fridays successively.

ARTICLE (72)

The conditions of the part shall perhaps not use to your next categories:

1. People keeping responsible senior articles in the management or supervision if

holders of these brands are vested with all the businesses or authorities over

employees, and such group is to be decided by the Minister of Labour

and personal Affairs.

2. Ship teams and ocean guys who function under unique solution circumstances due to the

nature of their work, excluding water Port employees who are engaged in loading

and associated and off-loading works.

ARTICLE (73)

A Notice Board showing the weekly finishing day, operating remainder and hours times for all

categories of staff members needs to be repaired at conspicuous location in the main gate used as

entry by employees as well as in the premises of work and a copy of the notice should be

submitted towards the skilled Labour division.

If the weekly closing system is not used by the spot of business, a notice showing

the once a week rest day for each category of staff members shall be repaired by the employer at

the locations referred to in the preceding section.

SECTION 2

LEAVES

ARTICLE (74)

Each staff member is entitled to a recognized leave with complete pay on the following events:

 

– 22 –

 

 

– Hijra New 12 Months.    One day

– Christian New Year.    One day

– Eid Al Fitr     Two days

– Eid Al Adha and Waqfa day   Three days

– Birthday of the Prophet    One day

– Ascension Day    One day

– National Day     One day

ARTICLE (75)

The staff member must be granted a yearly leave during each year of service which may

not be lower than:

1. Two days per month in respect of any employee with over six months

much less than one year of service.

2. Thirty days per annum in respect of any worker whose period of service

exceeds on year.

Into the occasion of termination of an employee’s service he shall be entitled to an annual

leave for the portions associated with last year of solution.

ARTICLE (76)

The workplace may in his discretion determine the date for commencement of annual

leaves and, when necessary, he might determine to divide the leave in two components at the

many, except in instances of juveniles in which holiday may not be split in components.

ARTICLE (77)

*

The annual leave duration is considered to add such holidays as given by law or as

agreed to, and virtually any periods of sickness, took place during this leave and is

considered as part thereof.

ARTICLE (78)

*

The worker shall receive his standard pay in inclusion to housing allowance, if any for

the yearly leave days. Nevertheless if the exigencies of work necessitate that the

worker works during his yearly leave in entire or in component, together with duration of leave

during which he has worked, is not carried forward to another year, the

*

Amended by Federal Law No. (12) of 1986.

– 23 –

 

 

workplace ought to pay him their wage in inclusion to cash in lieu of leave for their

working days based on his basic pay.

ARTICLE (79)

The staff member is entitled to obtain cash in lieu of yearly leave times perhaps not availed by

him, if he had been dismissed or if he remaining the service, after the period of notice stipulated

by law. Money in lieu of leave is computed on the basics of pay received by the

employee during the time of readiness of these leave.

ARTICLE (80)

Remuneration due to a staff member plus compared to the approved leave under this law shall

be compensated in complete by the employer to the staff member prior to the latter’s departure on annual

leave.

ARTICLE (81)

If exigencies of work necessitate that the worker work on breaks or remainder days

against which he receives full or partial pay he shall be paid in lieu thereof

with increase in pay by 50% of their wage, however if he is not paid for the

same with a leave, the company shall pay him an enhance to his fundamental wage

equal to 150% for the times of work.

ARTICLE (82)

If the worker drops unwell for explanations other than labour damage he must report his

illness within a period of two days at many as well as the boss must take necessary

measures having him medically examined up to ascertain disease.

ARTICLE (83)

*

1. Throughout the probationary duration, the worker is perhaps not entitled to your paid sick

keep.

2. If the worker spends over three months after conclusion associated with probationary

duration, within the constant solution of company, and falls sick during this

duration, he becomes entitled to a sick leave not much more than 90 times either

Continuous or intermittent per each year or service, computed as follows:-

*

Amended by Federal Law No. (12) of 1986.

– 24 –

 

 

A. The first fifteen times with full pay.

B. The next thirty times, with half pay.

c. The subsequent period, without pay.

ARTICLE (84)

Spend during sick leave shall never be made if illness resulted from mis-behaviour of the

staff member such as consumption of alcoholic beverages or narcotics.

ARTICLE (85)

The boss may end the solutions of a staff member that fails to resume his

tasks at the conclusion of such leave as stipulated in Article (82), (83) and (84) hereof, and

in such case the staff member shall be entitled to their gratuity according to the

terms of the Law.

ARTICLE (86)

If a staff member resigns from service because of illness prior to the lapse regarding the very first 45

times of the sick the federal government and leave Medical Officer or perhaps the doctor appointed

by the boss justifies the reasons of resignation, the manager must pay to the

employee his remuneration because of for the period remaining through the very first 45 days

referred to above.

ARTICLE (87)

An unique leave without pay can be granted for the overall performance of pilgrimage to the

worker once through-out their service and shall never be counted among various other leaves

and may perhaps not exceed 30 times.

ARTICLE (88)

*

Throughout the annual leave or unwell leave provided for hereunder, the staff member may not

work for another company; but, if the employer has established that the

employee has completed this, he shall have the right to end the solution of employee

without notice, and to deprive him associated with the leave pay because of to him.

ARTICLE (89)

Susceptible to the arrangements herein included, every worker whom does maybe not report to

responsibility immediately after expiry of their getaway, he shall be deprived of his pay for the

duration of lack commencing from the day following towards the date on which the leave

*

Amended by Federal Law No. (12) of 1986.

– 25 –

 

 

has expired.

ARTICLE (90)

Without prejudice to instances when the workplace has the straight to discount the employee

without gratuity or notice as recommended herein, the boss might not discount an

worker or provide him with a notice of dismissal during his leave as is provided for in

this part.

CHAPTER V

SECURITY, PROTECTION, AND THEIR HEALTH

AND SOCIAL ATTENTION REGARDING THE EMPLOYEES

ARTICLE (91)

Every employer must supply adequate means of security for the staff member from the

dangers of accidents and vocational diseases that may happen during work as well as the

hazards of fire and other hazards arising from utilization of devices and other tools, and he

must apply all other means of protection as authorized by the Ministry of Labour

Personal matters, therefore the staff member must make use of protective gear and clothing provided

to him for such function and he must abide by all instructions of the company aiming

at their protection from threats and must perhaps not work in a way that may obstruct the

application of said instruction.

ARTICLE (92)

Every company must display at a conspicuous point into the spot of company detailed

guidelines concerning methods to stop fire and protect workers from dangers

while they do their duties. Said instructions shall read in Arabic and, if

essential, an additional language understood by the staff members.

ARTICLE (93)

Each worker has to arrange for one health aid box(s), supplied with medicines,

bandages disinfectants and other relief helps, to be repaired in a conspicuous spot within

the reach of staff members and also to be used by a specialist in handling very first helps, and every

one hundred employees ought to be supplied with an aid field. Each very first- aid field shall

be sufficient for every 100 workers.

ARTICLE (94)

Without prejudice towards the conditions of by-laws and regulations released by concerned

– 26 –

 

 

government authorities the manager must supply appropriate cleanliness and ventilation

in each destination of business and must offer such locations with sufficient lighting,

potable commodes and water.

ARTICLE (95)

The employer must appoint one physicians(s) to accomplish complete medical checkup at the very least once

each half a year frequently for their workers which are subjected to the danger of infection

with any for the occupational diseases reserved in the schedule connected hereto, and to

record the results in his registers as well as in the private files of these workers and the

cases of work-related diseases needs to be reported instantly by the physicians to the

The Labour and employers Department after these come to be particular through medical and

laboratory analysis. The physician in cost of regular health check up may ask for

an extra medical checkup for any worker that is subjected to occupational diseases

before the lapse regarding the time limitation reported into the para poder. under this article if the instance of the

staff member therefore calls for.

ARTICLE (96)

The employer must provide employees with method of medical treatment according to the

standards determined by the Minister of Labour and personal Affairs in collaboration with

the Minister of Wellness.

The Minister of Labour and Social matters has the capability in consultation with the

Ministry of wellness, to determine the basic Measures for health prevention

appropriate to all organizations having staff plus in particular such measures relating to

Illumination, safety, ventilation and dining rooms, since well as availability of potable and

cleansing measures and water relating to purification of atmosphere form dust and

smoke and to stipulate precautionary measures against fire and electric present.

ARTICLE (97)

The manager or his agent during the time of appointment must keep employees

informed associated with problems associated with their occupation and preventive measures they have

to simply take. Furthermore, the company must display detailed composed guidelines in this

respect at places of company.

ARTICLE (98)

The workplace or his representative during the time of visit must hold employees

informed for the hazards related to their particular occupation and preventive actions they have

to simply take. Furthermore, the boss must display detailed written guidelines in this

– 27 –

 

 

respect at places of business.

ARTICLE (99)

Agents, employers associated with the companies or some other persons having power on

employees may not allow entry of any type of alcoholic beverages into the locations of

company for consumption threat, plus they may not permit entrance into or remain at the

institution or any intoxicated individual.

ARTICLE (100)

The employee shall abide by purchases and guidelines pertaining to company safety and

safety measures, and follow preventive methods and pledge to care for things thereof in

their possession. It is prohibited for a worker to work in virtually any method that may contravene

enforcement of said abuse or instructions methods placed for health and safety

defense of employees or which may trigger damage or loss to the same.

ARTICLE (101)

Each boss that utilizes employees in areas that are remote from metropolitan areas where

there’s no accessibility to regular method of transportation shall provide workers with the

following services:

1. Sufficient method of transport

2. Adequate accommodation

3. Consuming water

4. Right foodstuff

5. Health aid equipment

6. Activity and sports facilities.

Areas to which all or an element of the terms of this Article apply shall be stated by

choice associated with the Minister of Labour

With exclusion of foodstuff, all solutions referred to in this Article shall be at the

expenditure for the workplace and absolutely nothing hereof is to be borne by the employee.

CHAPTER VI

DISCIPLINARY RULES

ARTICLE (102)

Disciplinary penalties which may be enforced by the manager or its broker upon its

– 28 –

 

 

workers are as employs:

1. Warning.

2. Fine.

3. Suspension system from work with decreased pay for a period perhaps not exceeding ten days.

4. Forfeiture of deferment of periodic increment in organizations in which such

increments system is used.

5. Deferment or forfeiture of advertising in establishments exactly where promotion

system is used.

6. Dismissal from service but reserving right to end of service advantages.

7. Dismissal from service collectively with forfeiture of all of the or an element of the benefits,

provided that charges shall never be enforced for reasons various other than those

particularly recommended in Article (120) of the Law.

ARTICLE (103)

The disciplinary signal decides the instances when each of the disciplinary penalties

prescribed into the preceding Article can be imposed. The Mister of Labour and Social

Matters may issue by choice, a model punishment and benefits schedule to guide

companies in establishing up their particular particular regulations in this respect.

ARTICLE (104)

A good can be a particular amount of money or an amount equivalent to your remuneration of

the employee for a certain time period. A fine in respect of a single offence may

not meet or exceed remuneration payable for five times. It is perhaps not permissible to subtract within

one month a sum equal to more than five times pay from the employee’s

remuneration in settlement of fines imposed upon him.

ARTICLE (105)

An unique register shall be kept in which shall be entered all charges imposed upon

employees showing reason and occasion of penalty, employee’s name along with his pay.

A special account shall be designed for this function and monthly total thereof shall be

allocated for staff members’ social welfare in accordance with a choice you need to take by

the Minister of Labour and Social matters in this respect.

ARTICLE (106)

Periodical increment may not be forfeited much more than when in a 12 months nor may the said

increment be deferred for over six months.

– 29 –

 

 

ARTICLE (107)

No forfeiture of promotion can be created for more than one advertising step. The

penalized employee shall be promoted in the next immediate step when such worker

becomes qualified for promotion.

ARTICLE (108)

Financial proceeds collected by the boss as a consequence of the distinctions arising

from forfeiture of increment or allowance or delay of the same shall be recorded in a

unique register with factors thereof, title for the staff member and quantity of his

remuneration. Monthly proceeds of these variations shall be allocated for spending on

workers social welfare because can be decided by the Minister of Labour and Social

Affairs in this aspect.

ARTICLE (109)

Disciplinary penalties might not be imposed on a worker that has committed an

offence outside the destination of company unless the said act is pertinent towards the business, the

workplace or its supervisor. Nor is it allowed to apply one or more punishment in respect

of one offence or to combine between disciplinary punishment and deducting component of the

employee’s pay in accordance with the provisions of Article (61) of the Law.

ARTICLE (110)

Any for the penalties recommended in Article 102 might not be used regarding the employee

unless he is notified in writing of this cost taken against him and unless his

declaration is heard and his defence is investigated and unless all that’s recorded in a

report kept in their individual document.

Penalty shall be noted during the base associated with said report. The employee shall be notified

in writing of the sort, amount and explanations of penalties additionally the action taken against

him in case of repetition associated with offence.

ARTICLE (111)

a worker might not be charged with a disciplinary offence after lapse of thirty days

from disclosure of the identical, nor may a disciplinary punishment be enforced following the lapse

of sixty times from closing of investigation in the offence and discovering an evidence

up against the staff member.

 

– 30 –

 

 

ARTICLE (112)

*

If the employee happens to be faced with premeditated crime, such as his involvement in

a physical robbery or assault of home or other offenses for instance the punishment of

Honesty, breach of trust or hits, the stated employee may be temporarily suspended

from work.

If a judgement releases the employee from standing up acquits or test him he shall be

reinstated to their work along with his remuneration for the suspension system duration be paid to him

in complete in instances when his suspension system had been maliciously contrived by the company.

CHAPTER VII

TERMINATION OF EMPLOYMENT CONTRACT

AND

END OF PROVIDER REMUNERATION

PART 1

TERMINATION OF EMPLOYMENT CONTRACT

ARTICLE (113)

The work agreement is considered to be ended in any regarding the following situations:

– Within the event of mutual consent by both parties to terminate the contract

provided that the employee’s consent is built in writing.

– On expiry associated with duration specified in the agreement unless the agreement is

expressly or implicitly extended in accordance with the conditions of the Law.

– During the choice of either celebration in endless contracts offered that the provisions

of the Law with regards to warnings and appropriate causes for termination of the

contract without misuse are fully complied with.

ARTICLE (114)

an agreement of employment shall not expire by explanation of death of the manager unless

the subject matter associated with the agreement is associated with him in individual. Nevertheless, the contract

shall end by explanation of death of the employee or in the event of his total disability to

perform responsibilities established by a health report approved by the competent State

Health Authority.

If partial disability of a staff member permits him to do different tasks which

*

Amended by Federal Law No. (12) of 1986.

– 31 –

 

 

conform with his health state, the workplace shall move the employee, during the latter’s

request, to another work of such other obligations and shall pay him the remuneration

normally compensated by the boss in comparable situations without bias to entitlement and

indemnity accrued to the staff member according to this Law.

ARTICLE (115)

*

In the event that workplace has terminated an employment contract with a restricted period, for

explanations other than those given to underneath Article (120) hereof, he becomes liable

for repayment of settlement to the employee against damages suffered by him,

offered that the sum of compensation in all events, may not surpass the complete pay due

to him for a time period of three months or for the remaining duration of contract whichever

is shorter, unless the terms of the contract provide otherwise.

ARTICLE (116)

*

In the event that agreement happens to be ended on part of the staff member, for reasons other that

those provided for underneath Article (121) hereof, the staff member becomes liable for

compensating the boss against losses sustained by him in consequence of contract

termination, supplied that the quantity of compensation, might not meet or exceed half a

month’s pay for a period of three months or even for the remaining duration of contract

whichever is faster, unless the terms of the agreement offer otherwise.

ARTICLE (117)

1. The staff member and boss may terminate the employment contract with

endless duration, for an appropriate explanation at any time after summary of the contract

by composed notice duly provided to other celebration, thirty days at the very least prior to

termination.

2. In regard of everyday pay staff members period of notice shall be as uses:

a. On week within the employee features struggled to obtain even more than six months but

lower than one 12 months.

b. Two weeks if the employee features worked for at minimum one 12 months.

c. One month in the event that worker has struggled to obtain at least 5 years.

ARTICLE (118)

The agreement shall keep on being legitimate throughout the duration of warning introduced to in

*

Amended by Federal Law No. (12) of 1986.

*

Amended by Federal Law No. (12) of 1986.

– 32 –

 

 

the preceding Article and shall expire utilizing the expiry time of the caution. The

employee shall be entitled to full pay during the notice duration on the basis of last pay

he attained, and he shall have to perform their obligations during such duration if that’s the case instructed

by the workplace.

It may not be concurred to waive or lower duration of warning but it can be concurred to

enhance such period.

ARTICLE (119)

In the event that the worker or boss has failed to provide notice to another celebration for

termination associated with agreement or has decreased the notice period, the celebration obliged to serve

the notice shall spend to the other party an indemnity known as “Compensation in lieu of

notice”, and it is sustained by the various other celebration as a result of failure to provide notice or for

decrease of said period, together with indemnity shall be equivalent towards the employee’s pay for

the notice period in complete or in percentage to the reduced part. In respect to

workers on daily, weekly or month-to-month or per hour work pay the notice allowance shall

be computed on the basis of finally pay made by all of them. With respect to staff members paid

on piece work basis, allowance shall be determined based on the normal daily

pay provided for in Article (57) hereof.

ARTICLE (120)

The employer may dismiss the employee without notice into the following instances:

1. If the employee adopts an untrue identity or nationality or if perhaps he submits forged

Files or certificates.

2. If the employee is appointed under a probationary period and dismissal

occurred during or at the conclusion of said duration.

3. If he commits an error causing significant product loss to the employer

offered that the latter suggests the labour department of the incident within 48

hours from having understanding of the identical.

4. In the event that staff member violates directions concerning safety for the place of business

offered that such directions are exhibited in writing at conspicuous places

plus in instance of an illiterate staff member the latter be informed verbally of the

exact same.

5. If he fails to perform their basic duties under the agreement of employment and

continues in breaking all of them despite formal investigation with him in this respect

and caution him of dismissal in the event that exact same is duplicated.

6. If he divulges any secrets regarding the institution where he is utilized.

7. If he is awarded last judgement by the competent judge in regard of an

– 33 –

 

 

offence prejudicing honour, sincerity or general public morals.

8. If during working hours he is found intoxicated or under the influence of drug.

9. If in the course of their work he commits an attack on the company, the

manager or any of his peers.

10. If he absents himself without lawful excuse for lots more that twenty intermittent

times or even for more than seven successive day during one 12 months.

ARTICLE (121)

The employee may keep the solution without notice in the next cases:

a. If the manager does not fulfil his responsibilities towards the worker as

given to in the contract or in this Law.

b. If the manager of their appropriate regal representative has committed a work of

attack up against the staff member.

ARTICLE (122)

Termination by the company of an employee’s solution is considered arbitrary if the

reason for such termination has nothing to do with all the work. In certain, termination

is considered arbitrary if the employee’s service has been terminated on grounds, or a

reasonable issue lodged by him to the competent authorities, or on reasons of a

justifiable activity brought by him up against the boss.

ARTICLE (123)

*

a. If the staff member happens to be arbitrarily dismissed, the competent court has the

jurisdiction to give judgement against the employer for repayment of

settlement towards the employee.

The courtroom shall determine the quantity of this payment, taking into

consideration the nature of work sustained by the staff member, period of service

and after investigation of dismissal circumstances. Provided that in all cases

the amount of payment should maybe not surpass the employee’s pay for a

duration of three months, to  be exercised on the basis of last pay due to him.

b. The provisions of this preceding clause shall not prejudice to your employee’s

entitlement to the gratuity due to him and observe period provided for in this

Law.

*

Amended by Federal Law No. (12) of 1986.

– 34 –

 

 

ARTICLE (124)

The employer may not terminate the service of a staff member for their wellness deficiency

before he avails himself of this leaves lawfully because of to him. Any agreement to the

contrary is deemed null and void even when it is made before this Law comes into

operation.

ARTICLE (125)

The company shall supply the worker at the conclusion of their service and also at the latter’s

demand with a conclusion of solution certificate free of charge. Stated Certificate shall include

day of session and date of termination, total period of solution, nature of work

carried out by him and his final pay plus allowances, if any. Certificates or diplomas,

Tools and papers belonging to your staff member shall be gone back to him.

ARTICLE (126)

If any modification takes spot by means of the establishment or with its legal condition, valid

agreements at the time of modification shall continue steadily to exist therefore between the latest employer

plus the workers of this establishment, and service shall be considered to be continuous.

Both the former as well as the brand-new employers shall jointly be liable for a period of six

months for the satisfaction of responsibilities arising from agreements of employment in the

duration prior to such change and after the lapse for the said duration the latest employer

shall be solely accountable.

ARTICLE (127)

If work assigned to your employee permits to acquaint because of the employer’s clients or

have access towards the secrets of his work, the boss may oblige the worker that

after termination of this contract he may maybe not participate with him and take component in any

company interest competitive to your employer’s. Such agreement shall be appropriate just if

the worker features achieved the age of 21 years during the time of its being performed and if

the agreement is restricted with regards to the place, nature and time of work to the

degree as is necessary to safeguard the legal interest of business.

ARTICLE (128)

Any non-national worker which absents himself from work without lawful reasons

just before the end associated with agreement for a limited period, may not just take up employment

elsewhere also with all the consent associated with boss for one 12 months following the time on which

he absented himself from tasks. With no various other company who is mindful of that may

– 35 –

 

 

use or hold such worker in his solution during such period.

ARTICLE (129)

In the event that non-national employee has informed the boss of their desire to terminate the

contract with unlimited period and has now absented himself from work prior to the end of

the legal notice duration, he might not just take up employment somewhere else before the lapse of

one year from time of absence from work, also with permission of employer, and no

other workplace, that is mindful of the instance may recruit him or hold him in service

prior to the end of such duration.

ARTICLE (130)

The terms of Article (128) and (129) exempt non-national employee whom obtains

previous acceptance of this Minister of Labour and personal Affairs prior to taking up another

employment with the endorsement of the original workplace.

ARTICLE (131)

Expenses for repatriation of a staff member to his destination of source or virtually any spot

decided upon by both events shall be borne by the employer. If the worker after the

conclusion of his agreement takes up employment someplace else, repatriation costs upon

termination of their service shall be paid by the very last workplace subject to the provisions

within the preceding conditions, and if the manager features failed to repatriate the staff member and

has not paid the repatriation expenses, the competent authorities shall do this at the

employer’s expense by way of accessory. If the cause for termination of agreement is

attributed to your employee, their repatriation would be organized at their very own cost if he

has the mean to spend.

ARTICLE (131) (REPEATED)

*

1. In program regarding the provisions stated within the preceding clause, the expenses of

employer’s repatriation shall suggest the price of his travel admission and whatever is

provided for into the employment agreement or in the bylaws of the

Establishment, such as the employee’s entitlement to travel seats for his

Costs and family for cargo of their luggage.

2. Into the cases where the workplace offers the worker with accommodation,

the staff member shall be obliged to vacate the accommodation within a period not

to meet or exceed thirty days through the time of his solution termination.

*

Added by Federal Law No. (12) of 1986.

– 36 –

 

 

3. The staff member might not wait getaway of accommodation, thereafter, for any

reason whatsoever, provided that the manager satisfies their responsibility towards

the staff member with respect to the followings:

a) expenditures defined in Clause (1) under this Article.

b) conclusion of solution remuneration and any other dues thought by the employer

under the work agreement or the bylaws or the Law.

4. Nevertheless, if the boss increased a conflict with regards to the amount of

Costs and dues referred to above; the competent labour division shall

determine urgently the quantity of such dues and costs, within one week of

a notification being sent to it, provided always that after such dedication is

made by the Labour Dept. the worker must be informed forthwith.

5. In such an instance, the credibility regarding the thirty days period referred to in Clause 2

under this Article, shall take impact through the date, the boss deposits the

Expenses and dues determined by the labour Department, utilizing the treasury of

Labour Dept. as a trust.

If however the worker features neglected to vacate the accommodation after expiry

for the stated thirty days, the Labour Department, in cooperation with the

skilled authorities into the concerned Emirate, will take the necessary

management activity to secure vacation.

6. No terms under this Article is deemed to prejudice the right of employee

to litigate thereabout prior to the competent courtroom.

Article (131-a-1)

*

1- Employer shall carry out to submit a lender guarantee to the competent labour

division. The kind, quantity, treatments and companies and establishments

subject to this condition, because well as various other pertinent provisions shall be defined

by a Cabinet Resolution. Such promise shall be for the good overall performance of

the employer’s requirements stipulated in Articles 131 and 131-a herein.

2.Deduction of amounts from the bank assurance pointed out in para (1) of

*

Included by Federal Law No. (14) of 1999.

– 37 –

 

 

current article shall be by virtue of a courtroom judgement, except for the

following:

 

1. Return expenses of this employee to their home country or

anywhere since agreed with manager.

2. Amounts recognized by boss before the competent

labour department as entitlements of worker. In both cases,

the Ministry may deduct such entitlements through the guarantee

introduced to in Para (1) hereof and pay the same towards the employee

to settle their dues.

PART (2)

END OF SERVICE REMUNERATION

ARTICLE (132)

*

 

The staff member that has done one 12 months or more in the continuous service, is

entitled to your conclusion of solution remuneration at the conclusion of his solution. Days of absence

from work without pay are perhaps not incorporated into computing the duration of service, and the

remuneration is to be calculated as follows :-

1. Twenty one day’s pay for each year of the very first 5 years of service.

2. Thirty times spend for each extra year.

Offered that the whole total remuneration shall perhaps not exceed two year’s pay.

ARTICLE (133)

The staff member shall be entitled to end of service remuneration in respect of fractions

of the season payable pro rata to your time in fact worked offered which he has

finished one 12 months of continuous solution.

ARTICLE (134)

**

“Without bias to the terms of some guidelines with regards to the approving of pensions

*

Amended by Federal Law No. (12) of 1986

**

Amended by Federal Law No. (15) of 1985.

– 38 –

 

 

and gratuities to employees of some establishments, the end of solution gratuity shall

be computed based on finally wage that the staff member ended up being entitled to, in respect

of those drawing their wage per month, week or day, and on the basis of average

daily wage stipulated in Article (57) in respect of these drawing their wages on piece

work foundation. The wage which is considered as foundation for calculation for the end of

solution gratuity shall not feature everything given to the labourer in sort, housing

allowance, transport allowance, travel allowance, overtime allowance, representation

Allowance, cashier’s kids, allowance knowledge allowance, fun and social

services allowance or virtually any allowances”.

ARTICLE (135)

The manager may deduct any quantities due to him through the employee’s end of

solution remuneration.

ARTICLE (136)

In satisfaction of the terms of Article (132), situations of work preceding the

effective date of the Law shall never be considered as situations entitling the staff member to

conclusion of solution gratuity. Without bias to legal rights acquired by the employee under

any repealed labour law or agreements of employment, agreements, by-laws or

regulations for the establishment. Into the event of their demise, the employee’s gratuity

shall be compensated to their appropriate heirs.

ARTICLE (137)

If a worker under an agreement with limitless period has left his work at their own

choice after a constant service of not less than one 12 months and not more than three

many years, he shall be entitled to one third of this conclusion of service gratuity given to in

the previous Article.

In the event that duration of their continued service is even more than 3 years and less than 5 years he

becomes entitled to 2/3 of the said gratuity, however, if his continued solution exceeds 5

many years, he becomes entitled towards the entire gratuity.

ARTICLE (138)

If a staff member under a contract with restricted period departs his work on their own option

before the end of the contract duration he shall not be entitled to stop of solution gratuity

unless the period of his continuous service exceeds five years.

 

– 39 –

 

 

ARTICLE (139)

The employee shall be fully deprived for the conclusion of service gratuity in every of this

following instances:

a. if he is dismissed from service for almost any reason in accordance with Article (120)

of this Law or if he renders his work to avoid dismissal in accordance with the

terms of the Article.

b. If he makes their work willingly and without notice in cases other than those

enumerated in Article (121) under this law with regards to unlimited period

agreements or before he finishes five years of continuous service with respect

to restricted duration agreements.

ARTICLE (140)

In any institution where a preserving fund is raised for workers and in case the

regulations of these investment offer that repayments made by the employer to the investment for

the account of worker is a legal commitment against the conclusion of solution gratuity, the

quantity of savings or advantages due hereunder shall be paid whichever is greater. If the

investment laws have actually no provisions that quantities compensated by businesses is a legal

commitment for the end of service gratuity, the staff member shall gather amount because of to

him from the saving fund in addition to your appropriate gratuity.

ARTICLE (141)

In virtually any institution in which retirement or security schemes or comparable schemes are

maintained, the employee who is entitled to retirement pension may pick both this

latter or the prescribed gratuity or whichever from both therefore is more favourable to

him.

CHAPTER VIII

INDEMNITY FOR LABOUR ACCIDENTS

AND OCCUPATIONAL DISEASES

ARTICLE (142)

If the worker sustains a labour injury or work-related illness as enumerated in

Plan (1) and (2) affixed to this Law, the employer or its representative must

report the accident instantly towards the Police and Labour Department or any of its

branches having jurisdiction over the location of business.

 

– 40 –

 

 

The report must consist of employee’s vocation, title, get older, address, and nationality in

inclusion to a brief information associated with the accident, its conditions and the arrangements

made for the employee’s health therapy or help.

The authorities shall hold away required examination, upon receipt associated with report which

contains statements of witnesses and company or their representative and declaration of

injured if his condition so allows, therefore the report must suggest in certain if the

crash is associated with work, and whether it ended up being deliberate or an outcome of gross

misconduct regarding the part of the employee.

ARTICLE (143)

Following the investigation, the police must send a duplicate associated with report to your Labour

Department and another to the company. The Labour division may request that

the examination be done or perhaps it shall have the investigation directly

finished if it is deemed required.

ARTICLE (144)

In situations of Labour accidents and work-related diseases the manager shall spend the

employee’s treatment costs at federal government or personal hospitals until he recovers or

their impairment is proven. Treatment includes admission in hospitals or sanitorium, and

medical X-ray, procedure and laboratory charges in addition to medicines and

rehabilitation gear bought, man-made limbs and equipment supplied to the

handicapped people. Moreover, the workplace must pay the transport costs arising

from the treatment of staff member.

ARTICLE (145)

If the injury stops the worker from holding off his duties, the boss must

spend him an economic subsidy equal to full pay throughout the duration of treatment or for

a period of six months, whichever is faster. If treatment continues from more than six

months, stated subsidy shall be decreased to your half for another period of six months or

until the employee recovers from disease or his disability becomes certain or he dies

whichever happens first.

ARTICLE (146)

Financial subsidy referred to within the preceding Article is calculated based on last

pay received by the worker in regard of workers that receive once a week, month-to-month,

daily, hourly wages and on the basis of the day-to-day average pay offered in Article (57)

– 41 –

 

 

with respect to workers on piece work pay.

ARTICLE (147)

The health professional in charge shall at the end of therapy make a duplicate

report, a copy of which shall be handed to your staff member and the other to your

employer, and shall defined into the report type and cause of injury, day of crash,

its reference to work and period of treatment and or perhaps a worker features sustained

permanent infirmity, or perhaps and degree of impairment, if any, and whether such

disability is limited or total since well as their capability to hold on responsibilities utilizing the existing

impairment.

ARTICLE (148)

If a dispute occurs in link utilizing the level of employee’s physical fitness for

Work or quality of disability or various other things related to damage or treatment, the question

needs to be referred to your Minister of wellness through the competent Labour Department.

A medical board comprising three federal government physicians shall be formed by the

Ministry of wellness each time such dispute is referred to it to decide the level of the

employee’s real physical fitness for service or quality of their impairment or any matter related

towards the therapy and damage. The board may consult with specialized experts and the

choice of the board shall be last and forwarded towards the Labour division to take

needed actions for its execution.

ARTICLE (149)

In the event that worker dies as a consequence of a labour collision or occupational disease, the

employee’s household users shall be entitled to an indemnity equivalent towards the basic pay of

the worker for a time period of 24 months, offered that the quantity of indemnity shall

not be less than eighteen thousand Dirhams rather than more than thirty five thousand

Dirhams. The quantity of indemnity shall be determined based on the last pay

won by the worker prior to his death. Such indemnity shall be distributed among

the beneficiaries for the dead worker in accordance with the conditions of this

routine connected hereto.

In application regarding the arrangements of this Article, the expression “members of the deceased

household” shall mean such persons whom at the time of loss of the staff member made use of to be

completely or mostly supported by the income of dead, that’s:

a. Widow or widower

– 42 –

 

 

b. Children, specifically:

1. Sons who have reached the age of 17 many years and people who regularly

attend schools and now have perhaps not done 24 several years of age, or those who

mentally or actually are incapable to earn living.

The term sons includes sons regarding the husband or of the spouse who were

under the guardianship regarding the dead at time of his demise;

2. Single daughters, including the daughters of this spouse or wife

who aren’t hitched as well as the time of death were under the

guardianship for the dead.

3. Parents;

4. Sisters and brothers according to terms given to sons and

daughters.

ARTICLE (150)

If labour accident or work-related condition leads to a permanent partial disability of

the staff member, he shall be entitled to indemnity in accordance with prices enumerated in

the 2 schedules connected to this Law multiplied by the amount of death indemnity

recommended in the very first part associated with the preceding Article, while the case may be.

ARTICLE (151)

The amount of indemnity as a result of the staff member into the event of a permanent total

disability shall be equal to that because of into the event of demise.

ARTICLE (152)

The Minister of Labour and Social Affairs may if necessary plus in arrangement with the

Minister of Health, amend the occupational conditions in Schedule (1) and indemnity of

disability in Plan (2) affixed to this Law.

ARTICLE (153)

Neither the injured employee nor the people in their family shall be entitled to

indemnity in regard of injury or impairment if it has maybe not caused demise and in case the

investigations by the skilled authorities have actually set up that the employee has

intentionally caused damage to himself with intention of committing suicide or to obtain

indemnity or sick leave or perhaps, or if perhaps the staff member was at the time of the

incident under the impact of drug or alcoholic beverages, or if he features wilfully violated

security instructions displayed conspicuously at the spot of business or if his damage or

impairment lead from really serious premeditated misdemeanor on their component or if perhaps he has

– 43 –

 

 

declined unreasonably the medical therapy or checkup as given by the medical

board established according to the terms of Article (148).

In any of the instances hereinabove, the workplace shall never be under obligation to provide

treatment or any economic subsidy towards the staff member.

CHAPTER IX

COLLECTIVE LABOUR DISPUTES

ARTICLE (154)

Collective labour conflicts indicates any conflict between the manager and his

workers, regarding common interests for all or part of the workers in an

Establishment or vocation or a or a particular career or in almost any certain vocational industry.

ARTICLE (155)

If a conflict occurs between an employer(s) and all or part of his/their employees and

both events fail to attain an amicable settlement, the next actions shall be taken:

1. The staff members shall distribute their issue in composing to the employer and

at the same time dispatch a copy thereof to the Labour Department.

2. The manager shall respond in writing towards the issue or claims of the

workers within seven business days from time of receipt associated with complaint. A

multiple content thereof shall be submitted towards the Labour Department at the

exact same time.

3. In the event that employer fails to send his reply to the issue within the fixed

duration or if perhaps his reply does maybe not lead to settlement of this dispute, the competent

Labour division of its own motion or at request of either party shall

mediate to settle the dispute amicably.

4. If the complaint is made by the manager, he must send the problem

directly to the Labour division to mediate for an amicable settlement of the

conflict.

ARTICLE (156)

If mediation attempts by the competent Labour division have failed to achieve a

– 44 –

 

 

settlement on the dispute within 10 times from time regarding the Department’s knowledge

thereof the division must refer the dispute towards the skilled conciliation board for

settlement and inform both parties of its decision in writing.

ARTICLE (157)

In each Labour Dept. a board is to be set up and called the Conciliation Board, and

for this purpose a decision shall be used by the Minister of Labour and Social Affair.

ARTICLE (158)

Each party to the dispute shall follow-up the matter prior to the Conciliation Board

until a decision is granted together with Board shall issue its decision by majority within

two months from day on that the dispute was called to it.

The choice shall be binding on both events only whether they have agreed in writing

prior to the Board to accept it decision. If such agreement is not made, either party or

both events may challenge the Board’s choice before the Supreme Arbitration

Committee within thirty times from time on which decision had been made, usually, the

decision shall be deemed to be enforceable and last.

ARTICLE (159)

Rescission of employment contract or dismissal for the staff members’ representatives who

are members of the Conciliation Board shall maybe not prevent overall performance of the duties

in the Board unless the staff members elect other representatives.

ARTICLE (160)

A Committee known as the Supreme Arbitration Committee is to be created for

Settlement of collective Labour Dispute, during the Ministry of Labour and personal matters,

composed as follows:

1. The Minister of Labour as Chairman, and in his absence the below Secretary

or the Director – General of the Ministry of Labour and personal matters shall

replace him.

2. A judge of the Supreme Federal Court is nominated by the General Assembly

of the legal as an user and appointed by purchase associated with the Minister of Justice.

3. A person with knowledge and knowledge in labour matters and understood for his

impartiality is appointed as user by order regarding the Minister of Labour and

Personal Affairs. Two alternative people may be selected from the two

– 45 –

 

 

groups associated with the two regular users to act for all of them in their absence.

Appointment of regular and alternate members shall be good for three

renewable years, and restoration shall just take destination in the same manner as the

visit.

ARTICLE (161)

The Supreme Arbitration Committee for settlement of collective labour conflicts shall

have actually the abilities to issue final and conclusive judgements on all conflicts referred to it

by the worried functions. Choices of said Committee shall be used by majority the

grounds shall be mentioned.

ARTICLE (162)

According to a proposition from the Minister of Labour and personal Affairs, and in

consultation with all the Minister of Justice, a choice shall be used by the Council of

Ministers regulating litigation proceedings along with other principles essential for the good

progress of the work prior to the Conciliation Boards as well as the Supreme Arbitration

Committee for resolving Collective Labour disputes. For the function of performing

their particular functions these Boards and Committees may examine papers and documents,

files and other evidences and compel persons in control of the same to submit

these materials. They might additionally enter the organization to perform necessary

investigation and to take whatever measures that are deemed to be necessary for

settlement associated with the conflict.

ARTICLE (163)

*

Neither celebration towards the conflict my again raise the conflict regarding which a final

judgement has been given by any for the Boards referred to herein, unless with the

mutual arrangement of both parties to the conflict.

ARTICLE (164)

The Boards referred to herein, shall use the terms of this Law, the rules in

Energy therefore the rules of Islamic Sharia as well as virtually any customary rules, principles

of justice, relative and natural guidelines which are constant therewith.

ARTICLE (165)

The choices rendered by the Supreme Committee of Arbitration in settlement of

collective labour disputes shall be enforced with all the collaboration regarding the competent

*

Amended by Federal Law No. (12) of 1986.

– 46 –

 

 

authorities in each Emirate.

CHAPTER X

LABOUR INSPECTION

ARTICLE (166)

Labour examination shall be undertaken by specific inspectors connected to the

Ministry of Labour and personal Affairs, and achieving the prerogatives and powers

provided for in this law. Labour inspectors shall carry cards issued by the Ministry of

Labour and Social matters certifying their capacity.

ARTICLE (167)

Labour inspectors shall have these powers:

a. Control the proper utilization of the arrangements for the Labour Law

particularly in regard regarding the circumstances of work, remuneration and protection

and safety of workers during the overall performance of the obligations and such other

things pertaining to the security and health of workers and also the work of

Juveniles and ladies.

b. Supply employers and employees with info and specialized guidance to

enable them follow the greatest methods for the utilization of the provisions

of the law.

c. Report to competent authorities, any issues that the existing guidelines cannot

treatment and to propose whatever is required to this .

d. Make report of instances discovered in violation for the conditions of this Labour Law,

Decisions and regulations given with regards to their execution.

ARTICLE (168)

Before assuming their particular labour, functions inspectors shall just take an oath before the

Minister of Labour and personal Affairs that they’ll honour law, perform their duties

sincerely and seriously and that even after cessation from their particular present posts they shall

not reveal any secret or commercial trade mark or other secrets which may come to

their particular knowledge ex officio, and also to treat the grievances obtained by them in full

secrecy and shall perhaps not reveal to manager or to their representatives the articles of such

grievances.

 

– 47 –

 

 

ARTICLE (169)

The businesses and their representatives must supply the inspectors designated to perform

labour evaluation, with , all such needed services and information for the

performance of their functions and to comply utilizing the summons to show up before

all of them and also to send their associates when they’re required to accomplish therefore.

ARTICLE (170)

The labour inspector shall have these powers:

1. Enter any establishment governed by the terms of this Law at any time of

the time or night without prior notice provided he carries out that during

functioning hours.

2. Carry out any assessment or investigation as can be necessary to guarantee the

appropriate utilization of the Law, and in specific he shall :

a.  Interrogate the boss or employees often alone or in presence of

witnesses in regard of any matter related to implementation of the

arrangements of the Law.

b. Inspect all files required to be kept according to the

conditions for the Labour Law and choices made in execution thereof

and also to get extracts and photocopies therefrom.

c. Just take one or more examples of materials associated or used to the industrial

functions or in various other functions susceptible to assessment if such materials

are believed to be bad for the wellness or safety of workers, in

purchase to have all of them reviewed in government laboratories to determine

the level of damage and notify the employer or their representative of the

results and also to simply take suitable actions in this regard.

d. Ensure that sees and magazines are exhibited conspicuously at the

destination of business according to the conditions associated with the Law.

ARTICLE (171)

The Minister of Labour and personal matters shall issue the needed regulations for

arranging examination steps stipulated into the preceding Article.

ARTICLE (172)

Without prejudice to your arrangements of Article 169 hereinabove, any person carrying

– 48 –

 

 

out assessment must inform the workplace or its agent of his existence unless he

thinks that the purpose of inspection requires usually.

ARTICLE (173)

A labour inspector may, in an effort to secure the conformity because of the provisions

concerning the security and wellness associated with employees, teach the companies or their

representatives to alter the machines and equipment used by them and also to perform this

within the time-limits recommended by him. Plus in the event in which an imminent danger

threatens the wellness and safety regarding the employees, he may enforce any necessary

measures intending at averting such risk right away.

ARTICLE (174)

If during an examination see, the inspector discovers any violation of the Law, regulations

or executive decisions, he shall report the violation in refer and writing exactly the same to

the skilled Labour division for needed activity against the offender.

ARTICLE (175)

The labour inspector may, if required , request the skilled administrative

Authorities and policemen to supply needed assistance.

In instances when inspection pertains to health aspects of the company the inspector must,

with all the consent for the manager of the worried Labour Department be accompanied

by a specialized doctor from the Ministry of Health or the doctor appointed for

this purpose.

ARTICLE (176)

The Chief Labour Inspector shall make a monthly report in the tasks of labour

Inspection, areas of evaluation, and organizations inspected, nature and number of

contraventions made and to make an annual report on examination within the area showing

Effects and results of examination and whatever remarks and proposals he may have

with a duplicate regarding the month-to-month and annual reports to be sent to the Labour Department.

ARTICLE (177)

The Ministry of Labour shall prepare an annual report on assessment into the State,

containing the role played by the Ministry in supervising the application associated with Labour

Law, plus in particular, the following matters:

1. A declaration regarding the arrangements regulating inspection.

2. A declaration on officials having the authority to examine.

3. Statistic in respect of inspected establishments, wide range of employees, number

of assessment and visits visits made by the inspectors, as well as violations

committed and penalties imposed labour accidents and cases of occupational

conditions.

– 49 –

 

 

ARTICLE (178)

Types for violation reports, inspection registers, sees and warnings, as well as

suitable laws to utilize and keep all of them, are to be made and distributed by the

Ministry of Labour to labour Departments in different locations.

ARTICLE (179)

Susceptible to the top priority given to nationals and to the general pre-requisite conditions for

appointment of employees, the labour inspectors are necessary to :

1. Have actually the personality of full impartiality.

2. Do not have direct desire for the establishments they examine.

3. Pass a special test in behavior, after an education course of at the very least three

months.

ARTICLE (180)

Special training classes for labour inspectors shall be arranged by the Ministry of

Labour, during which the inspectors shall in particular accept education on the

following:

1. Concepts of company of assessment visits and connection with the employers

and employees.

2. Methods of checking guides and registers.

3. Concepts of assistance associated with the businesses regarding the interpretation of as well as the results

gotten from the program for the Law provisions, and helping all of them in the

implementation of such arrangements.

4. Basic concepts of manufacturing technology and safety techniques against labour

accidents and occupational diseases.

5. Basic principles of self-sufficient production and its effect on maintaining

favorable conditions for the overall performance of this work.

CHAPTER XI

PENALTIES

ARTICLE (181)

*

Amended by Federal Law No. (12) of 1986.

*

– 50 –

 

 

Without bias to your severe penalty provided for in another law of imprisonment

for a period never to go beyond six months, and a fine not less than Dhs three thousand and

not more than Dhs. ten thousand or either associated with two charges shall be inflicted to:

1. Any person who violates any associated with the obligatory conditions of this Law or any

associated with the manager regulations or purchases issued thereunder.

2. Any individual who stops or hinders any regarding the official assigned to enforce the

conditions of this Law or any of is executive laws or resolutions, or

whoever efforts or begins to prevent him develop performing their task either by

Energy or violence or by threatening to use force or assault.

3. a formal entrusted with all the implementations regarding the arrangements hereof and

that disclose any private matter in regard of work, or any industrial

patent or every other tasks of work which could have come to their knowledge,

within the span of his task, also though he features remaining the work.

ARTICLE (182)

Execution of judgements to spend fines may not be remained. Fines imposed on the

manager shall differ according to the number of employees concerning whom the

infraction had been dedicated, offered that the total quantity of the punishment imposed shall

perhaps not meet or exceed three occasions the max limitation regarding the fine repaired . The conditions of this

Article shall use regarding the cases where a breach is dedicated up against the following

Principles and any laws and purchases granted in implementation thereto :

1. Infraction associated with the conditions of Article 13.

2. Infraction regarding the arrangements of part 2 and 3 of Chapter II.

3. Violation regarding the provisions of Chapter III.

4. Infraction for the provisions of Articles 114, 124, 125, 128 129, 142 and 144.

ARTICLE (183)

Into the event where an offense is dedicated again prior to the lapse of one year form

the work of a judgement being rendered against the perpetrator in regard of a similar

offence, the Court may cause the double for the punishment.

ARTICLE (184)

Subject to the arrangements stipulated in Articles 34, 41 and 126 unlawful proceedings

can be recorded up against the General Manager that is accountable for the administration of

the establishment and up against the workplace if situations give the notion which he was

perhaps not unaware of the details constituting the infraction.

ARTICLE (185)

If the workplace features not fulfilled his obligations hereunder the skilled Labour

– 51 –

 

 

Department may issue a choice showing the topic of violation, and instructing the

workplace to complete the work within a period to be fixed from day on which he has

been informed, usually the Department shall carry aside such work on the expenditure of

the harvest and boss expenses by way of sequestration.

ARTICLE (186)

In application for the arrangements of the Law, the laws and choices in execution

thereof, the Labour Department shall not in as far as feasible, turn to criminal

procedures except after advise and guidance ar provided to the businesses and employees

active in the infraction and when needed caution is provided to all of them in writing to

rectify their scenario according to the Law, before initiating any procedure.

CHAPTER XII

CONCLUDING PROVISIONS

ARTICLE (187)

The Minister of Labour shall take a decision establishing Labour Departments and

offices vested with capabilities to put into action this law and discover their particular areas of

jurisdiction.

ARTICLE (188)

The administrators of Labour Departments and Officials associated with the Inspection area at the

Ministry of Labour shall be vested with Judiciary capacity for the implementation of

this Law, regulations, choices and orders granted in execution thereof.

ARTICLE (189)

Any provision inconsistent because of the terms of the Law is hereby repealed.

ARTICLE (190)

Without bias to your cases under this Law regarding the exemption from costs, the

Minister of Labour shall determine in a choice provided by him the charges due for the

issue of Labour recruitment workplaces permits, work visas, work permits,

Restoration and issue of copies thereof supplied that such fee shall perhaps not exceed Dh. 500

(five hundred just).

ARTICLE (191)

According to a proposition by the Minister of Labour and personal matters the Council of

Ministry may issue guidelines which are more beneficial to nationwide employees.

ARTICLE (192)

 

– 52 –

 

 

The Ministry of Labour shall take the needed decisions for the enforcement of the

arrangements of this law, and Ministers in accordance for their locations of jurisdiction shall put

such rules into effect.

ARTICLE (193)

This Law shall be posted within the Official Gazette and shall simply take result sixty days

after the date of its publication.

Zayed Bin Sultan Al- Nahyan

President of

The United Arab Emirates

Presidential Court – Abu Dhabi

6 Jumadi Ul Thani 1400 Ah

Corresponding to 20 April, 1980 AD.

 

– 53 –

 

 

PLAN NO. 1

OCCUPATIONAL DISEASES

 

Sr. No.  DISEASE CAREER CAUSING THE

DISEASE

1. Poisoning by lead and its

compounds

2. Poisoning by mercury and its

compounds

3. Poisoning by arsenic and its

substances.

4. Poisoning by antimony and its

compounds.

5. Poisoning by phosphorus and its

substances.

6. Poisoning by products, benzene or

its homologues or any compounds

or types thereof.

7. Poisoning by manganese and its

substances.

Any career which calls for use

or handling of lead or its compounds

containing lead.

Any profession requiring use or

management of mercury or its

Substances or any things containing

Exposure or mercury to mercury

Gases or dust or its substances or

products containing mercury.

Any profession calling for use or

handling or arsenic or its

Any items or compounds containing

Exposure or arsenic to dust or gases

of arsenic or its substances or items

containing arsenic .

Any occupation calling for usage or

maneuvering of antimony or its

Any things or compounds containing

Exposure or antimony to dust or

gases of antimony or its compounds

or things containing antinomy.

Any occupation requiring usage or

control of phosphorus or its

Compounds or publicity towards the dust

or fumes of phosphorus or its

Substances or items containing

phosphorus.

Any occupation needing use or

maneuvering of these items or any

work calling for contact with its dust

or fumes.

Any career calling for usage or

maneuvering of manganese or its

Any things or compounds containing

manganese or exposure to the dust

– 54 –

 

 

Sr. No.  DISEASE OCCUPATION CAUSING THE

DISEASE

8. Poisoning by sulfuric steel and its

substances.

9. Poisoning by petroleum, its fumes,

Types or compounds.

10. Poisoning by chloroform or carbon

tetrachloride.

11. Diseases ensuing from Radium or

radio-active (X-rays).

12. Chronic skin illness and burns of

the epidermis as well as the eye.

13. Eye affections through the temperature and

light, and the effects of such

affections.

or fumes of manganese or any other

products with manganese content.

Any profession needing use or

maneuvering of sulfuric metal or its

Any items or compounds having

sulfuric content or visibility to the

Dust and fumes of sulfuric metal and

its compounds or any things having

sulfuric content.

Any profession requiring use or

handling of benzene and its

derivatives or its substances or

contact with the dirt or vapors of

benzene whether in solid, liquid or

gaseous type.

Any career requiring use or

handling of chloroform or carbon

Exposure or tetrachloride to the

fumes containing them.

Any occupation needing exposure

or radium or just about any radio-active

Substance or X=rays.

Any profession needing use or

control of tar or coal tar

gear, mineral oil or kerosene

(or cement, flour or similar dirt or

any of the substances, items or

residues).

Any career needing recurrent

or constant exposure to reflection

of light, radiation or heat emitted by

molten glass, molten or hot metals

or exposure to powerful light and

high temperature that could cause

harm to eye or picture.

14. Pneumoconioses resulting from :

1.Silicosis (Silicon dust)

2.Asbestosis (Asbestos dirt)

Any occupation needing exposure

to silicon dust or any products with

silicon content material in a focus of

– 55 –

 

 

Sr. No.  DISEASE CAREER CAUSING THE

DISEASE

3.Byssinosis (cotton fiber dirt) even more than 5%, such as work in rock

cement production facilities, sandblasting of

metals or virtually any occupation

calling for an identical exposure, as well

as any work requiring coverage to

Asbestos or cotton fiber dirt to such an

degree as to result in such an illness.

15. Anthrax Any work needing contact with

animals affected by such an illness or

along with their hair, horns and skins.

16. Glanders Any works needing contact with

creatures impacted by this illness.

17. Pulmonary Tuberculosis  Any work in hospitals providing

therapy customers impacted by this

condition.

18. Enteric Fever  Any work with hospitals specialized in

the treatment of this disease.

– 56 –

 

 

PLAN NO. 2

EVERLASTING DISABILITY SETTLEMENT ASSESSMENT

___________________________________________________________________________________

IMPAIRMENT  S/R NATURE OF LASTING DISABILITY PERCENTAGE

DEGREE

___________________________________________________________________________________

Complete   1Loss of both hands from the shoulder

or loss of any two or higher limbs 100

2 complete loss of picture or loss of both vision 100

3 complete paralysis  100

4  Imbecility or total psychological deficiency  100

5 accidents or Injuries to the mind or skull

causing continuous hassle  100

6 complete disfigurement of face. 100

7 accidents and Injuries to your upper body and

internal body organs causing permanent and

total failure to operate usually 100

___________________________________________________________________________________

Partial   8 Loss of both feet from the thigh  90

9 lack of both arms from shoulder or above  85

10 extreme disfigurement of the face  80

11 complete lack of both hands through the elbow

12 complete loss of right arm from shoulder joint or from the shoulder 70

13 Loss of both legs through the leg or above  70

14 Total lack of left arm through the shoulder

shared or through the elbow 60

15 Loss of one leg from the knee or above  60

16 Loss of correct supply through the elbow or the following. 60

17 lack of one leg from the leg  60

18  lack of both feet from below the knee  60

19 Total lack of tight hand including flash 60

20 lack of remaining supply from above or underneath the shoulder  50

21 lack of the left hand fingers including thumb 50

22 Loss of one knee underneath the leg  50

23 complete and permanent lack of hearing  50

24 lack of tongue or permanent dumbness  45

25 lack of both feet from the ankle or below  45

26 Loss of genital organ  45

27 Loss of picture of one attention 45

28 Loss of correct hand through the wrist  38

29 Loss of thumb or four fingers of the correct hand. 35

30 Loss of remaining hand from the wrist  34

31Loss of thumb or four associated with remaining hand fingers 25

___________________________________________________________________________________

 

– 57 –

 

 

IMPAIRMENT  S/R NATURE OF LASTING IMPAIRMENT PERCENTAGE

DEGREE

___________________________________________________________________________________

Limited   32 lack of one foot from the ankle or below  20

33 Loss of all toes of one foot such as the big toe 20

34 Loss of three of this correct hand hands excluding the flash 15

35 Loss of the list finger of this right hand  15

36 lack of the phalanges joint for the right hand thumb  10

37 Loss of the list hand of the remaining hand  10

38 Loss of three regarding the remaining hand hands excluding the flash  10

39 Loss of all feet base of one excluding the top toe 10

40 lack of big toe of one foot  10

41 Loss of the last phalanges joint of this left foot great toe. 6

42 Loss of the correct hand middle finger  6

43 Loss of the left hand middle finger 6

44 Loss of the correct hand annular hand  6

45  lack of the left hand annular finger  6

46 lack of the right hand auricular hand  6

47 lack of one finger of this remaining hand  6

48 Loss of the phalanges joint of any finger

excluding the flash 5

49 lack of the correct hand index finger next joint  5

50 Loss of the base toes excluding the great toe 5

51 lack of one molar tooth 3

52 Loss of one canine tooth 2

___________________________________________________________________________________

1. Complete incapacity to utilize any organ for the human body or part thereof is considered equal to total loss of

such organ or part associated with the human anatomy.

2. If the person hurt is a left – handed the payment hereinabove given to the left hand

shall end up being the same as for the correct hand.

3. When it comes to marring, disfigurement or abnormal alternation of any organ or part of the human body or

 

any feeling not included in the preceding routine, the price of impairment shall be approximated, in instance of

dispute, by the health board referred to in Article 148 hereof which shall just take into consideration

closest comparable case within the preceding schedule.

– 58 –

 

 

PLAN NO. (3)

TERMS AND PROVISIONS GOVERNING THE DISTRIBUTION

FOR THE DEMISE PAYMENT AMONG THE LIST OF FAMILY MEMBERS

ASSOCIATED WITH THE DEAD EMPLOYEE

1. Within the existence regarding the widow/widower with parents therefore the child who were in

the care of dead, the settlement shall be distributed in a way that

the widower shall get one eighth as well as the widows, if more than one, shall have

one 8th split similarly among them, the dad shall have on 3rd, and both

parents shall get one third similarly among them, and the remainder to your child.

Should there be no youngster, widows or the widower, if more than one, shall get

two thirds of settlement, the father shall have the remainder, and if both parents are

live, they shall have the rest to be divided equally between them.

In the lack regarding the parents the widow/widower shall have one eighth provided

it is split similarly among widows if more than one, plus the kid shall have

the remainder . Within the lack of either a child or a father using the widower/widow,

the latter, shall have the full compensation offered it is split equally

between widows if one or more.

2. Into the existence of a dad and a kid who were under the attention associated with the deceased

but in absence of a widow, the child shall have two thirds while the sleep to the

father or similarly to both moms and dads if they are still in existence.

3. Within the presence of children had previously been supported by the deceased worker, and

in lack of this widower, widow, parent, or parents, or brothers or siblings who

were supported by him, the compensation shall be distributed among the

children equally, and if there’s only one kid he shall have the complete quantity of

the settlement.

4. In the existence of parents who were supported by the dead employee

without kids, widower, widow or perhaps the payment shall be distributed

between the parents similarly. Unless just one moms and dad exists he/she shall have the

full compensation. Brothers and sisters supported by the worker prior to his

death shall have a similar share as moms and dads into the lack for the latters.

I hope this UAE Labor Law 2014 copy is informative and it will help you.

Note: We don’t own this article, this article was shared by our friend Jonas.

 


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