UAE Labor Law
United Arab Emirates "Labor Law" was promulgated in 1980 for "80 years of Federal Act No. 8." The UAE Ministry of Labor and Social Affairs, declared that this law in the protection of labor rights and interests can be advanced in the world ranks with pride. However, the same with other UAE laws, for their own citizens to provide maximum benefits and convenience.
Labor Law "is divided into 12 parts, 193 articles, namely:
The first part of the definition and general provisions (articles 1-8)
The second part of the workers, youth and women's employment terms and conditions (Terms 9-34)
The third part of the employment contract and pay (clause 35-64)
The fourth part of the work time and leave (clause 65-90)
Part V of industrial safety, preventive measures, health and social security (articles 91-101)
Part VI Punishment Ordinance (clause 102-112)
Part VII of the termination of employment contract (clause 113-141)
Part VIII relating to compensation for occupational diseases and accidents at work provisions (articles 142-153)
Part IX of the collective labor question (articles 154-165)
Part X of the labor supervision and management (articles 166-180)
Part XI of the punishment (articles 181-186)
Part XII Summary (articles 187-193)
(B) "Labor Law" an overview of the various components:
Part I: Definitions and General Provisions
Terms of Article 1: the definition of wages is: According to the labor contract remuneration paid to employees may be paid in cash or in kind, according to year, month, week, day, hour, piece-work or be paid according to production tasks. Wages should include living allowance. If the labor contracts, internal rules and regulations or business practices provide for a good performance given by an employee a bonus included in his wages, then the prize money should be regarded as part of the wages, rather than a gift. The minimum wage are: the provisions of labor contracts in the life of the contract wages, does not include any form of subsistence allowances.
Terms of Article 2: General Provisions set forth in the relevant labor registration, contracts and other documents should be in Arabic as a written language. With other languages, such as text, this should be in Arabic text shall prevail.
Terms of Article 3: "Labor Law" the relevant provisions do not apply to:
1. Federal, local government and public agency officials, staff and employees;
2. The army, police and security personnel;
3. Servants in private employment, etc.;
4. Agriculture, the planting of the employees, but not including those engaged in agricultural products processing industry and long-term engaged in agriculture-related farm machinery operation and maintenance employees.
Terms of Article 6: The provisions of this Act relating to labor disputes, without any bias. Whether it be employers, employees or any other party beneficiary rights are being infringed, they are entitled pursuant to this Act to the labor department to appeal. The labor department in charge of dispute between the parties should be convened to take the necessary measures to resolve the dispute amicably. If the friendly consultations and can not solve, the labor department in charge of receiving the complaint shall be submitted to the relevant court within two weeks. There should be in the submission of a memorandum regarding the dispute, an overview of the situation the dispute, the parties and the competent departments of their views, their own opinions. The court within three days after receiving the complaint should be decided to hold a hearing in the case of time, and notify the parties. The court may summon to appear on behalf of the Department of Labor submitted a memorandum to explain. In any case, the claim under this Act shall be due within one year of delivery. All the cases were provisions of this article shall be procedures.
Part II: for workers, young people and women in terms of employment
Chapter I: The employment provisions of the workers
Terms of Article 9: For the United Arab Emirates citizens, is an inherent power, rather than its own citizens is only in line with the "Labor Law" the relevant provisions in order to work in the UAE.
Condition No. 10: No suitable jobs that their citizens can and should give priority to citizens of other Arab countries, followed by citizens of other nationalities.
Terms of Article 13: Non-citizens must be approved by the Ministry of Labor agreed to issue a work permit to work in the UAE.
Terms of Article 15: If the non-citizens in the following circumstances, the Ministry of Labor the right to cancel their work permits
1. For more than three consecutive months without a job;
2. Do not meet the work permit provided for in the basic conditions;
3. If there is a suitable alternative to the United Arab Emirates citizens, then the non-UAE citizens or work permit after the expiration of the contract after the expiration of the Ministry of Labor the right to terminate their work permit.
Terms of Article 17: Any person or group only by virtue of Labor and Social Affairs issued a permit to recruit workers in the non-UAE nationality, while the permit is only issued to UAE citizens or who are considered necessary. Permit valid for one year, a card holder by the Ministry of Labor and Social Affairs, the supervision and management.
Chapter II: The employment of young people
Terms of Article 20: employment of children under the age of 15 is illegal.
Terms of Article 23: young people not working at night, "night" means not less than 12 consecutive hours of a period of time, ranging from evening 8:00 to 6:00 the next morning.
Terms of Article 25: Youth work six hours a day, including more than one work not less than 1 hour break time, employers to provide food or entertainment. Youth should not last for 4 hours.
Chapter III: The employment of women
Terms of Article 27: Women are not allowed to work at night, "night" means not less than 11 consecutive hours of a period of time, including 22:00 to 7:00 the next morning.
Terms of Article 30: If the female worker in a unit for more than one year, you can have 45 days of maternity leave, maternity leave are paid. Postpartum, if there is an authoritative medical or health departments that can not return to work due to health reasons, but also has 100 days vacation leave without pay.
Terms of Article 31: post-partum period of 18 months of breast-feeding, the female worker breaks twice a day can increase the time, every time less than half an hour, not Kougong Zi.
Terms of Article 32: women workers and male workers are the same equal pay for equal work.
Part III: employment contracts and remuneration
Chapter I: Individual employment contract
Terms of Article 35: employment contracts to be a duplicate, respectively, by employers and workers to save.
Terms of Article 36: the contract must specify: the date of contract formation to begin working, place of work, duration of contract (if there is a time-limited), and the amount of wages.
Terms of Article 37: The employee's probationary period should not exceed 6 months, during which employers can dismiss employees at any time without notice, and not entitled to severance pay of employees. Employer for the same employee can only have a trial period, if the employees who have successfully completed the probationary period and was to stay on, then the probationary period should be regarded as part of their service hours.
Terms of Article 38: employment contracts of limited duration and the indefinite duration of two kinds. If there is a deadline, then a period not exceeding four years.
Chapter II: Vocational Training Contract
Terms of Article 43: to reach the legal age (18 years) is being trained may themselves enter into training contracts with employers, less than 18 years of age may be by blood or legal guardian on behalf of the trustee to make.
Chapter III: Record and Record
Terms of Article 53: employing five or more employees below 15 for each employee the employer shall preserve their files, the file stating their name, occupation, age, nationality, place of residence, marital status and employment hours, wages and various the course of employment scenarios: suffered punishment, injury, occupational disease, and the time and the reasons for dismissal;
1. For each employee is about to leave cards, holiday divided into three parts: annual leave, sick leave and other leave.
The employer or his agent shall be recorded in the archives of the employees leave to prepare for queries.
Terms of Article 54: employment of 15 or more employees, the employer should in all major departments keep employee records and documents:
Payroll records: According to an employee to join its units are listed in chronological order the names of employees and to indicate their daily wage or salary, bonuses, piece rate or commission; of his employment time and leave time;
2. Injury records;
3. Work regulations: Indicate the daily working hours, weekly holidays and public holidays; to prevent accidents at work and
Fire provides that the Ordinance and its amendments shall be reported to the Ministry of Labor within 30 days after approval to demonstrate in the workplace, in accordance with implementation;
4. Penalties: Indicate the approach to the violation of rules and regulations of this Ordinance and its amendments shall be reported to the Ministry of Labor within 30 days after approval to demonstrate in the workplace, to comply.
Chapter IV: reward
Terms of Article 55: The work to pay the remuneration for each working day, according to the "Labor Law" should be in circulation to pay their own currencies.
Terms of Article 56: For the payment of salary or monthly wage of employees should be paid at least once a month; other workers should be paid at least once every two weeks.
Terms of Article 57: For the day, piece-rate payment of wages by an employee whose daily wage during the probationary period should be derived from the average wage is calculated on the basis.
Terms of Article 59: can not force workers to a specific store to buy the employer produced goods.
Terms of Article 61: If for employee mistakes or violate the instructions of the employer caused by the employer or in the custody of the materials, machinery or tools for loss, damage or destruction of, the employer have the right to deduct from the employee's wages as part of, for repair or restore the status quo of these items. However, five days per month deduction shall not exceed the employee's wages. If an employee has other income or property, there is ability to pay, the employer can be related to the labor department request to the competent court, be deducted from the employee's wages exceed the amount of the above requirements.
Part IV: Working hours and rest
Chapter: Working hours
Terms of Article 65: adult worker per day for a maximum of 8 hours or a week for a maximum of 48 hours; for commercial organizations, restaurants and cafes and other units approved by the Ministry of Labor working day be extended to nine hours, working hours during Ramadan should be reduced by 2 hours.
Terms of Article 66: workers who are not working continuously for 5 hours per day or more should arrange for work breaks, eating and recreation time aggregate not less than 1 hour, workers break during working hours is not within the.
Terms of Article 70: Friday is a statutory rest days, except for hourly workers. If you require workers to work overtime on rest days, then the workers, unless the wages as usual, but also increase of at least 50% of the overtime.
Terms of Article 71: Workers should not rest more than two consecutive days of overtime.
Chapter II: Holidays
Terms of Article 74: United Arab Emirates, a statutory public holidays, every worker has the right to leave:
1. Back to the calendar New Year: 1 days
2. Gregorian calendar New Year: 1 days
3. Eid Al-Fitr: 2 days
4. Eid al-Adha: 3 days
5. Prophet's Birthday: 1 days
6. Prophet ascended to heaven: one day
7. National Day: one day
Terms of Article 75: Every employee should have an annual holiday per year:
1. If the service for more than six months to one year of the employee may be granted not less than two weeks of leave;
2. If the service more than one year, there were less than 30 days of vacation per year, the basic are paid for.
Terms of Article 77: The annual holiday annual leave should be included within the statutory holidays, contracts, holidays and sick leave requests too.
Terms of Article 78: The employees at the annual holiday access to basic salary and housing allowance (if any), if you need some or all of the employees to continue working during annual leave, and is not reimbursed in the following year, then the employer was to pay wages should be equal to their basic wages paid leave benefits. Within two consecutive years, if the use of annual leave for employees to work more than twice in any case, are regarded as unlawful.
Terms of Article 82: an employee's illness should be reported within two days, the employer, the employer should provide timely diagnosis and treatment.
Terms of Article 83: an employee during the probationary period, not entitled to sick pay;
Retained three months after the probationary period, employees within a year may be continuous or intermittent sick leave of 90 days beginning 15 days of full pay, followed by 30 days, to give half-pay, the rest of the non-payment of wages.
Terms of Article 88: Employees can not leave and sick leave for another employer, within, or their former employers have the right without notice to terminate his employment contract, and the deduction of their holiday pay.
Part V: industrial safety, preventive measures, health and social security
Terms of Article 91: Every employer should provide adequate security protection equipment to prevent workers in the course of their work is in danger, hurt, and to prevent the workplace by the threats posed by fire and other disasters. Employers should take all safety measures required in accordance with the Ministry of Labor. Each worker shall comply with labor rules, wearing overalls, in order to avoid injury accident.
Terms of Article 96: Employers should be in accordance with the Ministry of Labor and Ministry of Health jointly developed standards, provide workers with medical facilities.
Terms of Article 99: Any employer or his agent must not allow workers to enter the plant with any alcohol products; can not let the drunken workers to stay in the factory, otherwise it is illegal.
Terms of Article 101: workers who work in places far away from the city, and there is no daily contact with them a variety of modes of transport, the employer should provide the following services:
2. Suitable accommodation
4. Suitable food
5. First aid facilities
6. Entertainment and sports facilities
In addition to food, the remaining available free of charge by the employer.
Part VI: Penalties
Terms of Article 102: Employers and their agents may be penalties imposed for workers are:
3. Suspension not exceeding 10 days pay;
4. If the company has increased the wage requirement, you can delay or impose a fine or not conduct regular upgrading;
5. If the company has provisions to enhance job, you can upgrade or demotion;
6. Dismissal. Severance pay does not differ from non-hierarchical functions;
7. Dismissal. Deducted from severance pay some or all of a fine. This provision only in the breach of the "Labor Law" after the relevant provisions could be implemented.
Terms of Article 112: If an employee was accused of intentional crime, invasive of another's person, property or participating in an illegal strike, the employer may suspend its work. Suspension from cases reported to the competent authorities of the day, until the date of the decision. Suspension without pay during the employee. If the competent authority has decided not to resort to a court or an employee was acquitted, it shall be reinstated; if it is framed by an employer conspiracy, the employer should compensate the total wages during the period of their suspension.
Part VII: discharge of employment contracts
Chapter I: termination of employment contract
Terms of Article 113: the following situations may terminate the employment contract: both parties have agreed to terminate the contract, the written consent of the labor contract expires to write, unless the "Labor Law" express or tacit approval may extend the contract period; if indefinite contracts signed by indicated that either party to terminate the contract, subject to the "Labor Law" the relevant provisions of: the time limit should be legal, but also to terminate the contract after the other party agreed.
Terms of Article 115: For the labor contracts of limited duration, in addition to other grounds set out in terms of section 120, the employer must cancel the contract should be compensated. Unless there are specific provisions within the contract, generally three months of compensation to an employee wages and salaries in the remainder of the contract less the one as a benchmark of no more than this amount.
Terms of Article 116: In addition to other grounds set out in terms of section 121, employees need to cancel the contract should compensate the losses caused by the employer, unless the contract contains specific provisions, the general damages to an employee for three months to half salary and half the wage paid the remainder of the contract in the relatively small one as a benchmark, no more than this amount.
Terms of Article 120: Employers in the following circumstances, may, without the consent of the workers laid off workers:
1. If an employee to provide false citizenship, identity, certificates and documents, etc.;
2. In practice, the probationary period;
3. If the result of mistakes made by employees of a large number of material damage caused by the employer;
4. If an employee is known under the rules of safe production in violation of safety regulations;
5. If the employee does not perform under the contract of employment the basic obligations, and by the warning did not listen;
6. If the employees from divulging company secrets;
7. If the employee by the Government contrary to public morality court, credibility, honesty;
8. If an employee is found drunk or drunk during working hours;
9. If an employee threatened, beaten employers, duty manager or colleagues;
10. If an employee absenteeism in the year, more than seven days continuously without cause or non-continuous absenteeism more than 20 days.
Terms of Article 121: staff in the following situations, without the consent of the employers leave:
1. Employer fails to fulfill the contract or in the "Labor Law" set forth in the obligations;
2. If the employer or his agent threats, beatings of employees.
Terms of Article 123: Employers arbitrary dismissal of employees, the court may instruct the employer to the employee compensation. The court will be based on the nature of the work of the employees suffered losses, the length of working hours and working conditions may be the amount of compensation, but in any case, the amount of compensation shall not exceed the employee's final salary projections once the sum of the three-month salary .
Chapter II: repatriation expenses
Paragraph 131: At the end of the work contract employee, the employer shall pay the employee back to their country of origin or other work to travel. If the other employers to work there, then the new employer shall, at its end of the work contract to pay for her trip. According to these provisions, if an employer refused to pay the travel, then come forward to the competent authorities responsible for travel and associated costs be borne by the employer. If the employee's reasons for the termination of the contract, it has its own travel expenses.
Terms of section 131 (Additional paragraph):
1. These provisions in the repatriation costs of employees refers to employees for travel and labor contracts and the existing regulations provided for the families of employees of freight travel and furniture;
2. When employers to provide employees with housing, the employee should work within 30 days after the end of move out;
3. When the employer has paid the following amounts to the employee, the employee shall not be delayed for any reason to move out of residence:
(1) the employer has to pay the present articles "a" in the amount provided;
(2) In accordance with labor contracts and the existing provisions should be paid to employees of various allowances have been paid;
4. If an employee of the power and benefits of more than dissent, the Labor Department should be used as emergency management. Within one week after receipt of notice of the employees of a ruling power and the number of benefits, and to notify employees as soon as possible after the decision;
5. In the above cases, the terms "2" within the meaning of 30-day period to move out of housing court ruling received from the employee the same day is counted. If the employee is unable to move out within 30 days, the share of housing, the labor sector and the Emirate of the authorities concerned should take the necessary measures to force them to move out;
6. The provisions of this article does not deprive employees of the court in power.
Terms of Article 132: Continuous for one year or more than one year of an employee's contract, should be given severance pay. Severance payment shall be calculated as follows:
1. Five-year period of service began, according to an annual 21-day salary;
2. Part of more than five years, according to an annual 30-day wage, but the total severance pay shall not exceed two years of wages.