GENERAL PROVISIONS - Labor Laws

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Wednesday, October 7, 2015

GENERAL PROVISIONS


ARTICLE (2) The Arabic Language is the one to be used in all records, contracts, files, statements and other documents as may be provided for in this Law or in any orders or regulations issued in implementation of the provisions hereof. The Use of Arabic shall also be compulsory in instructions and circulares issued by the employer to his employees. If a foreign language besides the Arabic language is used, the Arabic language shall prevail over other texts. * Amended by Federal Law No. (12) of 1986.

ARTICLE (3)* The provisions of this Law are not applicable to the following categories: a) Officials, employees and workers of the Federal Government, Governmental Departments of the Member Emirates of the State, Officials, employees and workers of municipalities as well as other officials, employees and workers, working in Federal and local public Departments and organizations, as well as the officials, employees and workers appointed for Governmental Federal and Local Projects. b) Members of the Armed Forces of Police and Security. c) Domestic servants working in Private residences and the like. d) Workers employed in Agriculture or pastures, other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required 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 expenses, sums due to the public treasury and Sharia alimony awarded 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 of the action, the court may order the Plaintiff to pay all or part of the expenses.

ARTICLE (6)** Without prejudice to the provisions concerning the collective labour disputes, stipulated hereunder, if the employer, worker 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. - 5 - concerning any of the rights occurring to any of them under this law, he is required to apply to the concerned Labour Department, and the latter shall call both parties and will take whatever is considered necessary for settlement of dispute between them amicably. But if amicable settlement has not been reached, the said department must refer the dispute to the competent Court within a fortnight from the date of application being submitted to it. The case so referred should be accompanied with a memo giving a summary of the dispute, evidence of both parties and the comments of the Department. Within three days from date of receipt of the application the Court will fix a hearing for the case, and a summon to this effect will be served upon both parties of the dispute. The Court may request a representative to appear for the Department of Labour to explain the contents of the memo submitted by it. In all cases no claim for any rights due according to the provisions of this Law will be heard after lapse of one year from date of its maturity, neither will the action be heard if the procedures provided for in this Article have not been complied with.

ARTICLE (7) Terms inconsistent with the provisions of this Law including those whose effective date may precede the enforcement of this Law shall, unless they are proved more beneficial to the worker, be deemed null and void. ARTICLE (8) Dates and periods stipulated herein shall be construed according to the gregorian calendar. In the application of the provisions of this Law a calendar year is 365 days and month is 30 days unless stated otherwise in the employment contract. 

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