TABLE OF CONTENTS,Definitions and General Provisions 1 5. Chapter II,Employment of Employees Juveniles and Women. Employment of Workers 5 8,Employment of Juveniles 8 9. Employment of Women 9 11,Common Provisions for Employment of Juveniles 11. Chapter III,Employment Contracts Records Remuneration. Individual Employment Contracts 12 13,Vocational Training Contract 13 16. Records and Files 16 17,Remuneration 18 20,Chapter IV. Working Hours and Leaves,Working Hours 20 22,Leaves 22 25. Safety Protection and Their Health and Social Care. of Employees 25 28,Chapter VI,Disciplinary Rules 28 30. Chapter VII,Termination of Employment Contract and End of. Service Remuneration,Termination of Employment Contract 31 38. End of Service Remuneration 38 40,Chapter VIII,Indemnity For Labour. Accidents and Occupational Diseases 40 44,Chapter IX. Collective Labour Disputes 44 47,Labour Inspection 47 50. Chapter XI,Penalties 51 52,Chapter XII,Concluding Provisions 52 53. Schedule 1,Occupational Diseases 54 56,Schedule 2, Permanent Disability Compensation Assessment 57 58. Schedule 3, Terms and Provisions Governing the Distribution 59. of the Death Compensation among the family members of the. Deceased Employee,FEDERAL LAW NO 8 OF 1980,REGARDING THE ORGANIZATION OF LABOUR RELATIONS. We Zayed Bin Sultan Al Nahyan President of the United Arab Emirates After perusal. of the provisions of the provisional Constitution and Law No 1 of 1972 regarding the. competence of Ministries powers of Ministers and Laws bringing amendments thereto. In accordance with the proposal of the Minister of Labour and Social Affairs the. approval of the Council of Minsters and the Federal National Council as ratified by the. Federal Supreme Council decree as follows,DEFINITIONS AND GENERAL PROVISIONS. 1 DEFINITIONS, for the implementation of the provisions of this Law the following terms and. expressions shall have the meanings opposite thereto unless the context requires. Employer Any natural or juridical person employing one or. more workers in consideration of a remuneration,of any kind whatsoever. Worker Any male or female person who receives,remuneration of any kind for work performed. thereby in the services of an employer and under,his management or control even if the employee. is off employer s sight This meaning shall also,apply to officials and employees who are in the. service of the employer and are subject to the,provisions hereof. Establishment Any economic technical industrial or. commercial unit in which workers are employed,and the objectives of which are to produce or. market commodities or to provide services of any, Employment Contract Any Agreement whether for a limited or for an. unlimited period concluded between an,employer and an employee under which the latter. undertakes to work in the service of the employer,and under his management or control against a. remuneration payable to him by the employer, Work Any human effort be it intellectual technical or. physical extended against a remuneration,whether the said work is permanent or temporary. Temporary Work Work which is by nature to be executed or. completed within a specific period of time, Agricultural Work Work involving soil ploughing cultivation and. harvesting of any kind of crops as well as,breeding of cattle poultry silkworms bees and. Continuous Service Uninterrupted service with the same employer or his. lawful successor from the date of commencement,of the service. Remuneration Remuneration is whatever is given to the. employee in consideration of his services under,the employment contract whether in cash or in. kind payable annually monthly weekly daily,hourly or by piece meal or pro rata to the. production or as a commission,The remuneration includes the high cost of living. allowance and any benefit given to the employee,in reward for his honesty or efficiency provided. always that these amounts are prescribed in the,Company bylaws or in the employment contract. or normally practiced or granted to the,Amended by Federal Law No 12 of 1986. employees until they have been regarded by,these as an integral part of the remuneration. rather than a donation,BASIC REMUNERATION,It is the pay provided for in the employment. contract during its validity between both parties,Allowances whatsoever are not included in this. remuneration, Employment Injury Any of the occupational diseases listed in the. schedule attached hereto or any other accident,sustained by the worker during the performance. or as a result of his work Any accident sustained,by the worker on his way to or back from his. work shall be deemed an employment injury, provided that the trip to or from the place of work. is made directly without delay default or,diversion from the normal route. Labour Department Branches affiliated to the Ministry of Labour. having competence to look into Labour Matters,in the Emirates Members of the Federation. 2 GENERAL PROVISIONS, 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. Amended by Federal Law No 24 of 1981 and amended for the second time by Federal Law No 12 of 1986. 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, 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, 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, Without prejudice to the provisions concerning the collective labour disputes stipulated. hereunder if the employer worker or any beneficiary thereof lodges claim 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. Amended by Federal Law No 12 of 1986, 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. 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, 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. CHAPTER II,EMPLOYMENT OF WORKERS JUVENILES AND WOMEN. EMPLOYMENT OF WORKERS, 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. 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 non. nationals in any of the following cases, a If the employee remains unemployed for a period exceeding three consecutive. 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 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. 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. 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. EMPLOYMENT OF JUVENILES,ARTICLE 20, It is prohibited to employ a juvenile of either sex before he she completes fifteen years. 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. 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. 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. EMPLOYMENT OF WOMEN,ARTICLE 27, Women may not be required to work at night The term night means a period of not. less than eleven consecutive hours including the period from 10 p m to 7 a m. ARTICLE 28, The following cases shall be excepted from the clause prohibiting women to work at. a In the event where the work in the establishment is stopped due to force. b Work in responsible managerial and technical jobs. c Work in medical and other services as may be decided by the Minister of Labour. and Social Affairs if the working woman does not normally carry out a manual. ARTICLE 29, Women may not be employed where jobs are hazardous harmful or detrimental to. health or morals and in such other jobs as may be decided by the Minister of Labour. and Social Affairs after consulting with the competent authorities. ARTICLE 30, A working woman is entitled to maternity leave with full pay for a period of forty five. days including the time before and after delivery provided that her continuous period of. service with the employer should not be less than a year but if a working woman has. not completed the said period the maternity leave shall be with half pay. A working woman on the expiry of the maternity leave may discontinue work without. pay for a maximum period of one hundred consecutive or intermittent days if such. absence is due to illness which does not enable her to resume work Such illness shall. be evidenced by a medical certificate issued by a medical authority attested by the. competent health authority or endorsed by such authorities to the effect that the illness. resulted from pregnancy or delivery, Leave provided for in the preceding two paragraphs shall not be computed as part of. other leaves,ARTICLE 31, In addition to any prescribed rest period a working woman nursing her child shall. during the eighteen months following the date of delivery be entitled to two additional. breaks each day for this purpose neither of which shall exceed half an hour. These two additional periods shall be considered as working hours and shall not cause. any reduction of remuneration,ARTICLE 32, A working woman shall be entitled to the same wage as that of a working man if she. does the same work,COMMON PROVISIONS FOR EMPLOYMENT OF. JUVENILES WOMEN,ARTICLE 33, The Minister of Labour and Social Affairs may decide to exempt charity and. educational organizations from all or part of the provisions stipulated in the two. preceding sections of this Chapter if the objects of such organizations are to provide. vocational rehabilitation or training to juveniles or women on condition that the by laws. of these organizations provide for the nature of the work to be carried out by juveniles. and women the working hours and conditions in a manner that commensurate with the. actual potentiality of women and juveniles,ARTICLE 34. Criminal liability in respect of the enforcement of the provisions provided for in. Sections 2 and 3 of this Chapter shall be incurred by. a The Employers of their representative, b The Guardians or trustees of juveniles husbands guardians or trustees of minor. women if they have agreed to the employment of women and juveniles contrary. to the provisions of the Law,CHAPTER III,EMPLOYMENT CONTRACTS RECORDS AND REMUNERATION. INDIVIDUAL EMPLOYMENT CONTRACTS,ARTICLE 35, Subject to the provisions of Article 2 the employment contract shall be made in. duplicate on copy to be given to the employee and the other to the employer. In absence of a written contract all of its conditions may be proved by all legal means of. ARTICLE 36, The employment contract shall in particular specify the date of its conclusion the date. on which work begins nature and place of work duration of the contract in the case of. contract with limited period and the amount of the remuneration. ARTICLE 37, The employee may be appointed for a probationary period not to exceed six months. and the employer may terminate the services of the employee during this period without. giving a notice or end of service remuneration Appointment of the employee on. probation basis in the service of one particular employer may not be made more than. once However if the employee passed the probationary period satisfactorily and. remained in service such period of service shall be computed in the period of his. ARTICLE 38, An employment contract may either be for a limited or an unlimited period If it is for a. limited period such period shall not exceed four years and the contract may with mutual. agreement be renewed one or more times for similar or shorter period periods. In the event of renewal of the contract the new period periods are deemed to be an. extension of the original period and shall be added thereto in calculation of the. employee s total period of service,ARTICLE 39, An employment contract is considered a contract for an unlimited period effective from. the day of its commencement in any of the following cases. 1 If it is not concluded in writing,2 If it is made for an unlimited period. 3 If it is made in writing for a limited period and continues to be applied by both. parties after lapse of its period without a written agreement between them. 4 If it is concluded for the performance of a specific job for which no period is.
Leblebicioglu H, eds. Abstract book. Bilimsel Tip Yayinevi, Ankara, 2013. Abstract No 011, str.134. 13. Ibrahimagic A, Kamberovic F, Bedenic B, Uzunovi? S. Molecular characteristics and antibiotic resistance of Acinetobacter species; predominance of blaOXA-51 and blaVIM, isolated from patients in Bosnia and Herzegovina. The 5th Congress of ...
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