EMPLOYMENT OF WORKERS, JUVENILES AND WOMEN

EMPLOYMENT OF WORKERS ARTICLE (9) Work is a right of the United Arab Emirates Nationals. Others may not by employed in the United Arab Emirates except as provided for in this Law and its executive orders. - 6 - ARTICLE (10) In the event of non-availability of national workers, preference shall be given to: 1.Arab workers who are nationals of an Arab Country. 2.Workers of other nationalities.

ARTICLE (11) A Section at the Labour Department shall be created for the employment of nationals and shall be vested with the following functions: a. Supply of suitable employment opportunities for nationals. b. Giving assistance to employers to satisfy their requirements of national workers when needed. c. Registering unemployed nationals and those who seek better jobs in a special register. The registration shall be made as requested by the workers and certificates of registration shall be granted free of charge on the day of submitting the applications. The registration certificate shall be given a serial number and shall include the applicant's name, age, place of residence, occupation, qualifications and past experience.

ARTICLE (12) Unemployed national employees may be recruited by employers who must notify the Labour Department of the same in writing within fifteen days from date of employment. The notice shall include the employee's name, age, the date on which he assumes his duties, the remuneration fixed for him, the type of work assigned to him and the serial number of the certificate of registration.

ARTICLE (13) Employees who are not UAE nationals may be employed in the United Arab Emirates only after approval of the Labour Department and the obtainment of a work permit in accordance with the procedures decided by Ministry of Labour and Social Affairs. Work permits may only be granted if the following conditions are fulfilled. a. That the employee has the professional competence of educational qualifications that are needed by the State. b. That the employee has lawfully entered the Country and complies with the conditions stipulated by the residence regulations in force in the State.

Article (14) The Labour Department may not approve the employment of employees who are not UAE nationals unless its records show that none of the unemployed national employees who are registered with the Labour Section is qualified for the job.

ARTICLE (15) The Ministry of Labour and Social Affairs may cancel work permits granted to nonnationals in any of the following cases: a. If the employee remains unemployed for a period exceeding three consecutive months. b. If the employee fails to meet one or more of the conditions on basis of which the permit is granted. c. If the Ministry is satisfied that a certain national employee is qualified to replace the employee; in this case the employee shall continue to carry out his work until the expiry of his contract of employment or his work permit, whichever occurs earlier.

ARTICLE (16) A special Section shall be established at the Ministry of Labour and Social Affairs for the employment of non-nationals and the functions of said Section shall be regulated by a Ministerial Resolution.

ARTICLE (17) No natural person or body-corporate is allowed to work as an agent or supplier of non-national employees unless he has a license to do so. However, such license may be issued if necessity so requires only to nationals by order of the Minister of Labour. A license shall be valid for one year subject of renewal, and the licensee shall be under the supervision and control of the Ministry. Said Licenses may not be granted if an Employment Office pertaining to the Ministry or to an authority approved by the Ministry is already operating in the area and is able to act as intermediary to supply labour.

ARTICLE (18) It is not permissible for any licensed labour agent or supplier to demand or accept from any worker whether before or after his recruitment, any commission or material - 8 - reward in consideration for arranging such recruitment, nor may he obtain from him any expenses except as may be decided or approved by the Ministry of Labour and Social Affairs. The persons supplied by a recruitment agent or a labour supplier shall, immediately upon joining the service of an employer, be considered employees of that employer and shall be entitled to all the rights enjoyed by the employees of the establishment in which they are employed. The relations between such employees and the employer shall be direct and without any interference from the labour agent whose task and relation with them shall cease to exist as soon as they are introduced to and employed by the employer.

ARTICLE (19) The Minister of Labour and Social Affairs shall determine all rules, formalities and forms used by private and public labour offices as well as cooperation and coordination methods to be adopted between the various activities of these offices and the conditions under which licenses may be issued for the establishment of private employment offices or agencies or labour suppliers. Lists showing professional categories to be used as basis for placement operation shall also be defined by the Minister of Labour and Social Affairs. SECTION 2 EMPLOYMENT OF
JUVENILES ARTICLE (20) It is prohibited to employ a juvenile of either sex before he/she completes fifteen years of age.

ARTICLE (21) Before a juvenile is employed, the employer shall obtain the following documents from him/her and keep them in the juvenile's personal file: 1. A birth certificate of an official extract thereof or an age estimation certificate issued by a competent medical officer and endorsed by the competent Health Authorities. 2. A certificate issued by a competent medical officer and duly attested to the effect that the juvenile concerned is medically fit for the job. - 9 - 3. A written consent signed by the juvenile's guardian, or custodian.

ARTICLE (22) The Employer shall keep a special register for the juveniles at the work premises, showing the juvenile's name, full name of juvenile's guardian or custodian, place of residence, date of employment and job title.

ARTICLE (23) Juveniles may not be employed at night in industrial projects. The term "night" shall mean a period of not less than twelve consecutive hours including the period from 8 p.m to 6 a.m.

ARTICLE (24) Juveniles may not be employed in jobs which are considered hazardous, exhausting or detrimental to health as may be decided by the Minister of Labour after consulting with the competent authorities.

ARTICLE (25) The maximum number of actual working hours for juveniles shall be six hours per day. During working hours one or more break times should be given for rest, meals or prayer purposes provided that such time should not be less than one hour. Such time or times have to be determined in a way that juveniles may not work consecutively over four hours. A juvenile may not remain continuously over seven hours at the place of work.

ARTICLE (26) Under no circumstances, may juveniles by instructed to work overtime, stay in the employment premises beyond the hours of work fixed for them or asked to work on holidays.