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Introduction
The labour matters in the United Arab Emirates (UAE) are governed by the Federal Law Number eight of 1980 regulating the labour relationsthat are amended by federal law number twelve of 1986, number fifteen of 1985 and number twenty-four of 1981.Various special labor regulations are applicable in the UAE free zones including Jebel Ali Free Zone.The employees or the business partners in the free zone maintain all the disciplinary code.
In accordance with the Article 3 of Law, this Law applies to the employees and staff, whether UAE nationals or the emigrants. The following are thecategories of the people exempted from this Law:
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1. Workers and employees who are employees of federal government or the government department.
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2. Public bodies, local or federal, municipalities, etc. and those employed in local or federal projects.
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3. Armed forces, security, police units.
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4. Domestic servants.
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5. Workers in agriculture
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Enforceability of the law
The law being federal applies to every emirate of the federations. This law is enforced by the Ministry. All the labour associated litigations are adjudicated by UAE local as well as the federal courts, although all the issues associated with this matter are referred to the Ministry first.If the issue fails to be settled amicably, then the Ministry refers the dispute to the court that too within 14 days from the date the complaint was initially filed. Following that, the party reverts to the court directly.
Employment Contract
As per to Article 9, work is provided as an inherent right of the UAE nationals. The non-nationals are not permitted to the engage in work within the States in agreement with the working conditions that are stipulated in Labour Law and the executive orders. In case the national workers are unavailable, then the preference is given to other Arab nationalities workers and other nationalities workers, as per Article 10.
Employment Contract
There are two types of employment contracts that are allowed in UAE- fixed term or limited employment contracts where the contracts are for a stipulated period of time with all the mentioned completion dates. The second type of contract i.e. unlimited contracts in which the employees work for a given moment until when the contract is terminated after providing a prior notice. These terms are further provided in details in Chapter three, Section 1, and Article38 of the UAE Labour Law.
Probation Period
As the Article 37 of the Law, the probation period is given a duration of maximum six months. The probation period is regarded as a part of the overall employment term, can be taken into full account during calculation of gratuity plus other benefits.
Wages
The law has not prescribed a minimum wage bar, although the employees with a monthly salary of Dhs. 4,000 is not able to sponsor his partner or childrenin order to reside them in the country. These are not exactly the part of this rule and lie under immigration rules.
Employment of Juveniles
Article 20, Section 2 of Chapter 2 of the Law, does not permit employers to employ children below 15 years of age.
Working Hours
The maximum working hours set by the law for children are six a day with one or more breaks for food, prayer or rest as given in Article 66. These breaks should be maintained in a way that this child would not work for four successive hours. The children are not permitted to work for more than seven hours.
Leave Entitlements
According to the Article 75, the employees entitled to annual leave, every year of their service,
1. If the services of the employee are more than six months or year, they are entitled to two days every month.
2. If the services exceed one year, then they are entitled to a minimum of thirty days. And at the end of the service, he should be given annual leave for the last year that he spent in his service.A provision for sick leaves and maternity leaves have been mentioned in the Article 83, Article 30 of the law.
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Place Your OrderDisciplinary Code
Article 102 to 112 define the disciplinary codes regarding the rules. The following are few disciplinary measures that the employer can impose on his employee: Fine, warning, denial in the promotion, etc.
Payment of Gratuity
An employee, on the termination of his employment contract, are entitled to the following:
1. In case of an unlimited contract, a notice period or any sum due instead of this period;
2. Compensation equal to the period till end of contract during limited contract;
3. Amount equivalent to the utilized leave’s balance;
4. The amount for overtime of the due wages and not paid yet etc.
References
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UAE Labour Law. (2016). 1st ed. [ebook] UAE: GulfTalent. Available at: https://www.gulftalent.com/repository/ext/UAE_Labour_Law.pdf [Accessed 18 Apr. 2016].
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Uaelaborlaw.com. (2016). UAE Labour Law. [online] Available at: http://uaelaborlaw.com/#16 [Accessed 18 Apr. 2016].
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