Article 9: Work as an Inherent Right for Nationals
Q. What does Article 9 of the GCC Labor Law UAE establish?
Article 9 recognizes work as an inherent right for UAE nationals. Non-nationals are permitted to work within the country only under conditions defined by the law and its executive orders.
Q. How does Article 9 impact the employment rights of UAE nationals and non-nationals?
Article 9 affirms the right of UAE nationals to work and outlines specific conditions for non-nationals to engage in employment within the country.
Q. When is Article 9 applicable?
Article 9 is relevant when discussing the legal framework for employment rights and restrictions for UAE nationals and non-nationals.
Article 10: Preference in Employment and Nationalities
Q. What does Article 10 of the GCC Labor Law UAE entail?
Article 10 establishes a hierarchy of preference in employment when UAE nationals are not available for a position.
Q. How does Article 10 prioritize employment preferences?
Article 10 gives preference to workers of other Arab nationalities, followed by workers of different nationalities, in cases where UAE nationals are unavailable for employment.
Q. When does Article 10 come into play?
Article 10 is significant whenever determining employment preferences based on nationality.
Article 11: Establishment of Employment Section for Nationals
Q. What is the focus of Article 11 of the GCC Labor Law UAE?
Article 11 outlines the functions of a dedicated section within the Labor Department for the employment of UAE nationals.
Q. How does Article 11 support employment opportunities for nationals?
Article 11 ensures that the Labor Department assists in procuring suitable employment opportunities for UAE nationals, assists employers in fulfilling their demand for national workers, and maintains a registration system for unemployed jobseekers.
Q. When is Article 11 applicable?
Article 11 is relevant whenever discussing mechanisms for promoting employment opportunities and facilitating job matching for UAE nationals.
Article 12: Recruitment of Unemployed Nationals
Q. What does Article 12 of the GCC Labor Law UAE address?
Article 12 regulates employers' recruitment of unemployed UAE nationals and requires notification to the Labor Department.
Q. How does Article 12 impact the recruitment process for unemployed nationals?
Article 12 mandates employers to inform the Labor Department in writing about the recruitment of unemployed nationals, providing specific details about the employee and the employment arrangement.
Q. When does Article 12 come into effect?
Article 12 is significant whenever employers hire unemployed UAE nationals, ensuring compliance with notification requirements.
Article 13: Employment of Non-Nationals
Q. What is the significance of Article 13 of the GCC Labor Law UAE?
Article 13 regulates the employment of non-nationals in the United Arab Emirates.
Q. How does Article 13 govern the employment of non-nationals?
Article 13 stipulates that non-nationals may only be employed with prior approval from the Labor Department and upon obtaining an employment permit. Conditions for getting the permit include possessing professional competence, educational qualifications, lawful entry into the country, and compliance with residence regulations.
Q. When does Article 13 apply?
Article 13 is relevant whenever discussing the legal framework for employing non-nationals and the procedures for obtaining employment permits.
Article 14: Approval for Employment of Non-Nationals
Q. What does Article 14 of the GCC Labor Law UAE entail?
Article 14 outlines the conditions under which the Labor Department can approve non-national employment.
Q. How does Article 14 impact the employment of non-nationals?
Article 14 ensures that the Labor Department's approval for employing non-nationals is contingent on the absence of registered unemployed UAE nationals capable of performing the required work.
Q. When is Article 14 applicable?
Article 14 is significant when discussing the process of approving non-national employment and ensuring priority for UAE nationals in job opportunities.
Article 15: Cancellation of Work Permit for Non-Nationals
Q. What is the focus of Article 15 in Chapter II of the GCC Labor Law UAE?
Article 15 outlines conditions under which the Ministry of Labour and Social Affairs can cancel a work permit granted to a non-national.
Q. How does Article 15 impact work permits for non-nationals?
Article 15 specifies situations leading to work permit cancellation, such as extended unemployment, failure to meet initial permit conditions, or the qualification of a national to replace the worker.
Q. When is Article 15 applicable?
Article 15 is relevant whenever discussing the conditions and grounds for the cancellation of work permits for non-nationals.
Article 16: Establishment of Special Section for Non-Nationals
Q. What does Article 16 of the GCC Labor Law UAE entail?
Article 16 establishes a dedicated non-national employment section within the Ministry of Labour and Social Affairs.
Q. How does Article 16 support the employment of non-nationals?
Article 16 assigns specific functions to the special section, ensuring focused efforts on facilitating non-national employment.
Q. When does Article 16 come into play?
Article 16 is significant when discussing mechanisms for managing non-national employment and promoting their integration into the workforce.
Article 17: Licensing of Employment Agents for Non-National Workers
Q. What is the significance of Article 17 in Chapter II of the GCC Labor Law UAE?
Article 17 regulates licensed agents' role in recruiting or supplying non-national workers.
Q. How does Article 17 impact the licensing of employment agents?
Article 17 mandates that only duly licensed individuals (usually Nationals) can serve as agents for non-national recruitment. The license, issued by the Minister of Labour and Social Affairs, ensures proper oversight and compliance.
Q. When is Article 17 applicable?
Article 17 is relevant when discussing licensed agents' role in facilitating non-national recruitment and ensuring their adherence to legal requirements.
Article 18: Regulations for Licensed Agents and Labour Suppliers
Q. What does Article 18 of the GCC Labor Law UAE address?
Article 18 governs the behavior of licensed employment agents and labor suppliers.
Q. How does Article 18 impact licensed agents and labor suppliers?
Article 18 prohibits licensed agents from demanding commissions or rewards from workers in return for employment. It establishes that persons supplied by agents shall be considered employees of the employer with direct relationships.
Q. When does Article 18 come into effect?
Article 18 is significant when discussing regulations surrounding licensed employment agents' conduct and their interactions with workers.
Article 19: Regulation of Private and Public Employment Agencies
Q. What is the focus of Article 19 in Chapter II of the GCC Labor Law UAE?
Article 19 empowers the Minister of Labour and Social Affairs to establish private and public employment agencies' rules, procedures, and forms.
Q. How does Article 19 support the regulation of employment agencies?
Article 19 ensures proper coordination of agency activities, sets conditions for licensing, and prescribes the basis for occupational classifications used in recruitment.
Q. When is Article 19 applicable?
Article 19 is relevant when discussing the regulations governing private and public employment agencies and their role in labor recruitment.
Article 20: Prohibition of Employing Children Under 15
Q. What is the focus of Article 20 in Chapter II of the GCC Labor Law UAE?
A. Article 20 prohibits the employment of children under the age of 15.
Q. How does Article 20 impact child labor practices?
Article 20 establishes a minimum age requirement for employment, protecting children from entering the workforce at a young age.
Q. When is Article 20 applicable?
Article 20 is pertinent whenever discussing child labor laws and the minimum age for employment.
Article 21: Documentation and Consent for Employing Children
Q. What does Article 21 of the GCC Labor Law UAE address?
Article 21 outlines the documentation and consent required before employing a child.
Q. How does Article 21 regulate child employment?
Article 21 mandates employers to collect and maintain documents such as birth certificates, medical fitness certificates, and written consent from the child's guardian or trustee before hiring a child.
Q. When does Article 21 come into play?
Article 21 is relevant whenever discussing the legal requirements for employing children and the necessary documentation.
Article 22: Maintenance of Child Employment Register
Q. What is the significance of Article 22 in Chapter II of the GCC Labor Law UAE?
Article 22 mandates employers to maintain a register for child employees.
Q. How does Article 22 support child labor regulations?
Article 22 requires employers to keep a record of child employees, including their names, ages, guardians or trustees' names, places of residence, dates of employment, and job positions.
Q. When is Article 22 applicable?
Article 22 is significant whenever discussing the record-keeping obligations for child employees.
Article 23: Night Work Restrictions for Children
Q. What does Article 23 of the GCC Labor Law UAE entail?
Article 23 prohibits children from working at night in industrial enterprises.
Q. How does Article 23 safeguard child workers' well-being?
Article 23 ensures that children are not exposed to night work in industrial settings, protecting their health and promoting a balanced work-life schedule.
Q. When does Article 23 apply?
Article 23 is relevant whenever discussing the prohibition of night work for children in industrial enterprises.
Article 24: Prohibition of Hazardous and Detrimental Jobs for Children
Q. What is the focus of Article 24 in Chapter II of the GCC Labor Law UAE?
Article 24 restricts children from engaging in hazardous or detrimental jobs.
Q. How does Article 24 protect child workers?
Article 24 prevents children from working in jobs that could be dangerous to their health or well-being, as determined by the Minister of Labour and Social Affairs.
Q. When is Article 24 applicable?
Article 24 is pertinent whenever discussing the protection of child workers from hazardous and detrimental employment.
Article 25: Working Hours and Breaks for Children
Q. What does Article 25 of the GCC Labor Law UAE address?
Article 25 defines the maximum working hours, breaks, and rest periods for child workers.
Q. How does Article 25 regulate the working hours of child employees?
Article 25 stipulates that child workers may work a maximum of six hours a day, with breaks for rest, food, and prayer. The total break time should not be less than an hour.
Q. When does Article 25 come into effect?
Article 25 is significant whenever discussing the working hours and breaks for child employees.
Article 26: Overtime and Rest Days for Children
Q. What is the significance of Article 26 in Chapter II of the GCC Labor Law UAE?
Article 26 prohibits child workers from overtime work and work on rest days.
Q. How does Article 26 protect child workers' rights?
Article 26 ensures that child workers are not subjected to excessive working hours or required to work beyond their prescribed hours, promoting a healthy work-life balance.
Q. When is Article 26 applicable?
Article 26 is relevant whenever discussing limitations on overtime and rest days for child workers.
Article 27: Prohibition of Night Work for Women
Q. What does Article 27 of the GCC Labor Law UAE address?
Article 27 prohibits women from working at night.
Q. How does Article 27 safeguard women's working conditions?
Article 27 ensures that women are not required to work during nighttime hours, promoting their safety and well-being.
Q. When does Article 27 apply?
Article 27 is relevant whenever discussing the prohibition of night work for women.
Article 28: Exceptions to Night Work Prohibition for Women
Q. What is the focus of Article 28 in Chapter II of the GCC Labor Law UAE?
Article 28 outlines exceptions to the prohibition of night work for women.
Q. How does Article 28 accommodate specific situations?
Article 28 permits night work for women in circumstances such as force majeure, executive managerial and technical positions, and certain health services.
Q. When is Article 28 applicable?
Article 28 is pertinent whenever discussing exceptions to the prohibition of night work for women.
Article 29: Ensuring Safe Employment for Women
Q. What is Article 29 of the UAE Labor Law?
Article 29 outlines that women cannot be employed in hazardous, physically demanding, morally detrimental jobs, or any other tasks defined by the Minister of Labour and Social Affairs after consulting relevant authorities. This ensures the safety and well-being of female workers.
Q. What is Article 29 of the UAE Labor Law?
Article 29 applies whenever women's employment in certain jobs is considered, guaranteeing their protection in potentially harmful work environments.
Article 30: Maternity Leave and Absence Due to Pregnancy-Related Illness
Q. What does Article 30 of the UAE Labor Law entail?
Article 30 stipulates that a female worker, who has completed at least one year of continuous service with her employer, is entitled to a forty-five-day maternity leave with full pay, covering both pre and postnatal periods. If her service is less than a year, she's entitled to the same leave with half pay.
Q. What about extended absence due to pregnancy-related illness?
If a female worker exhausts her maternity leave and cannot resume work due to pregnancy-related illness, she can be absent without pay for up to 100 consecutive or non-consecutive days. A certified medical document from a recognized medical institution or health authority is required to validate the illness. Importantly, this leave doesn't deduct from other leave entitlements.
Article 31: Nursing Mothers' Rights
Q. What is Article 31 of the UAE Labor Law about?
Article 31 ensures that a female worker nursing her child during the 18 months following childbirth is entitled to two extra breaks each day, each not exceeding thirty minutes. These breaks, in addition to regular rest periods, are considered part of the working hours and don't impact her wage.
Article 32: Gender Pay Equality
Q. What does Article 32 of the UAE Labor Law state?
Article 32 underscores pay equality between male and female workers performing the same role. If the work performed is identical, female workers are entitled to the same wage as their male counterparts. This principle promotes fairness and eliminates gender-based wage disparities.
Article 33: Exemptions for Charitable and Educational Institutions
Q. What does Article 33 of the UAE Labor Law entail?
Article 33 empowers the Minister of Labour and Social Affairs to exempt charitable and educational institutions, either wholly or partially, from the regulations outlined in the preceding two sections of this chapter. However, this exemption applies only when these institutions aim to provide vocational training or education specifically for children or women. It's important that these institutions have internal rules detailing the activities performed by children and women, along with their employment conditions and working hours. These rules must ensure that the tasks assigned to children and women are appropriate for their capacities.
Q. Who does this article affect?
Article 33 affects charitable and educational institutions with a focus on vocational training or education for children or women, granting them potential exemptions from certain labor law provisions under certain conditions.
Article 34: Responsibility for Enforcement
Q. Who is held responsible for enforcing Sections II and III of this Chapter?
- Employers or their representatives.
- Individuals responsible for the well-being and care of children or women, such as a child's guardian or trustee, a woman's husband or guardian, or a trustee of a minor woman. These individuals can be held accountable if they consent to the employment of children or women in contradiction to the stipulations of this Law.
Q. What is the implication of this article?
Article 34 ensures strict adherence to the regulations specified in Sections II and III of this Chapter. Not only are employers held responsible for compliance, but also those who have authority over children or women and allow their employment in violation of the law.
