Ministerial Announcements – (Decrees, Resolutions, Circulars and Laws) Impacting Federal Law No. 8 of 1980

UAE Cabinet of Ministers

 

Official Language

Administrative Circular No. (2) for 2008 in Regard to Enforcing Arabic as an Official Language

*In compliance with the Cabinet of Ministers Resolution No. (21/2) for 2008, to enforce and mandate the Arabic language as the official language. The following has been decided:

I – All correspondences and letters that are address to the Ministry shall be in the Arabic language. In case correspondences are addressed to a foreign body abroad, a translated copy must be attached in the foreign language.

II – All meetings, conferences, and events that are organized by the Ministry shall be in the Arabic language, and accompanies by a translation in the foreign language, if foreign officials participate in those events.

III – Directing companies and individuals that work with the Ministry are to use the Arabic language for all correspondences, if a correspondence is originally in a foreign language, it must accompanied by an Arabic translation and the Arabic text is the one to be adopted.

‎* All agencies and employees of the Ministry, each in his specialized scope of work must adhere to those instructions very carefully, as that shall be followed up straight away

 

Humaid Rashid bin Deemas

Ministry of Labour Undersecretary

Issued on 18/05/2008

 

 

Work Permits and Employment Cards

Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer

The Minister of Labour:

Upon review of Federal Law (1) of 1972 on the mandates of ministries and the powers granted to ministers and of Federal Law (8) of 1980 and its amendments on the regulation of labour relations;

And of the Council of Ministers’ Decree (25) of 2010 on internal work permits that are granted by the Ministry of Labour to workers who are active in the labour market;

And of Decree (826) of 2005 issued by the minister of Labour on rules implementing the transfer of sponsorship;

And of Ministerial decree (707) of 2006 on terms and procedures for granting non-nationals permits to engage in employment in the UAE;

And of Ministerial Decree (724) of 2006 on administrative termination of sponsorships;

And of Ministerial Decree (1186) of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer;

And of Ministerial Decree (422) of 2015 on the rules and conditions governing the termination of an employment relation.

Decrees:

Article (1)

A new work permit may be granted to a worker upon the termination of the said worker’s employment relation in the following instances:

I. Term contracts

  1. The term of the contract has expired and not been renewed.
  2. The two parties (worker and employer) mutually consent to terminating the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
  3. The employer initiates the termination of the employment relation, without reason of non-compliance on the part of the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
  4. Either party acts unilaterally to terminate the employment relation following its renewal (irrespective of the period the worker has been in the employment of the employer and irrespective of the date of renewal) provided that:
    • a. The terminating party notifies the other party in writing of his/her intent to terminate the contract in accordance with the notice period that was agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to a notice period, then the notice period shall be three months.
    • b. The terminating party continues to honor the contractual obligations for the duration of the notice period.
    • c. The terminating party indemnifies the other party in the amount that was agreed to by the two parties, not to exceed the equivalent of three months of gross wages; if renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to the amount of indemnification, indemnification is set at the equivalent of three months of gross wages.

II. Non-term contracts

  1. The two parties (worker and employer) mutually consent to terminating the contract provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
  2. One of the parties acts to terminate the contract and notifies the other party and continues to honor his/her obligations under the contract for the duration of the notice period which shall be no less than one month and no more than three months, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
  3. The employer acts to terminate the contract without reason of non-compliance by the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

III. For all contracts: term and non-term

The instances described in I- and II- of this article notwithstanding, a worker may be granted a new work permit:

  1. It is determined that the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the worker’s wages for more than 60 days.
  2. When a complaint is filed by the worker against a business entity that has not provided for the worker to perform work due to its shutting down, provided an Inspection report is produced that attests that the business entity has been inactive for more than two months and the worker has reported to the Ministry during this period.
  3. When a labour complaint is referred by the Ministry to the labour court, provided a final ruling in favour of the worker is issued that attests that the worker is owed wages for no less than two months of work or indemnity for arbitrary or early termination, or any other rights that the employer has abstained from granting, or dues of end-of-service.

In all of cases described in this article, the worker must have met all conditions and requirements of the provisions of the law before being granted a new permit.

Article (2)

No new work permit shall be granted except in the cases described in Article (1).

Article (3)

All those empowered to issue new work permits to workers in educational institutions during the school year shall obtain the approval of the relevant government agencies prior to issuing such permits in accordance with the provisions of article (1) of this decree.

Article (4)

A work permit that is granted in application of this decree shall be made null and void if it is established by the ministry that information the approval of the permit was based on was falsified.

Article (5)

Ministerial Decree (1186) of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer is hereby nullified, as are any texts or provisions that are contrary to provisions of this present Decree.

Article (6)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

Saqr Ghobash, Minister of Labour

Issued in Abu Dhabi on September 27, 2015

Ministerial Resolution No. 1188 of 2010 on Regulations and Conditions for the Issuance of Domestic Work Permits

The Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers,

Federal Law No. (6) for 1973 regarding the entry and residency of foreigners, the amending laws thereto, and its executive regulation,

Federal Law No. (8) for 1980 regarding the regulation of work relationships and the amending laws thereto,

Cabinet of Ministers Resolution No. (25) for 2010 regarding domestic work permits,

And Cabinet of Ministers Resolution No. (27) for 2010 regarding the fees and fines for services provided by the Ministry.

It was decided:

Article (1)

The Ministry may only approve the issuance of a domestic work permit to a foreign national after ensuring that there is no one among the citizens seeking employment able to perform the requested job.

Article (2)

The Ministry may only issue all the permits mentioned in this Resolution after providing statements to the following:

a. The license of the establishment – the applicant – is valid.

b. The establishment’s adherence to the provisions mentioned in the sample contract approved by the ministry in relation to the requested permit

c. Payment of the fee for this permit.

d. Continued validity of the non-national employee’s residence, and that of his family in the event of a family-sponsored work permit.

e. Approval from the entity where the applicant works in case of part-time or temporary work, if he works at another establishment

Article (3)

a. A temporary work permit and a part-time work permit shall be issued to the following categories:

  1. Employees registered at the Ministry who hold valid labour cards.
  2. Persons who meet the conditions to be granted work permits based on the residency of their families.
  3. Students over 18 years of age.
  4. Government employees.

b. The permits mentioned in the article may not be issued to a non-national employee who is over sixty five years of age.

 

Article (4)

The Ministry may approve issuing the worker a temporary work permit without the need for the consent of the establishment where the employee works and without the necessary validity of his residency and labour card in the event that the employee has an ongoing labour complaint referred by the Ministry to the court.

Article (5)

The Ministry, at its discretion, may issue the employee a part-time work permit for more than one establishment.

Article (6)

A work permit is issued to those sponsored by their family residency under the following categories:

  1. Females over the age of 18.
  2. Husband of a female national.
  3. Sons and daughters of female nationals.

Article (7)

The employee working under any of the systems stipulated in this Resolution shall be entitled to the accruals for workers in accordance with the aforementioned law regulating work relationships, if the said employee meets the conditions and taking into account the wages paid to him and his durations of work.

Article (8)

The Assistant Undersecretary for Labour Affairs shall issue via resolution the procedures necessary to issue the domestic work permits mentioned in this Resolution.

Article (9)

Any establishment wishing to employ a worker in accordance with the permits mentioned in this Resolution shall bear the expenses for issuing and approving the permits. It shall not be allowed, under any circumstances, to obligate the employee to pay for his costs of employment, including the issuance and approval of permits, or deduct such costs from his wages.

Article (10)

The domestic work permits issued by the Ministry which are still in force at the time of implementing this Resolution shall remain valid until expiry. Any renewals or new permits shall be issued in accordance with the provisions of this Resolution.

Article (11)

The domestic work permits issued by the Ministry in accordance with the provisions of this Resolution shall not be renewed if expired; a new application must be submitted if there is a desire to continue working under any of the regulations of these permits.

Article (12)

Any text or provision contrary to this Resolution shall be null and void.

Article (13)

This Resolution shall be published in the Official Gazette and shall be put into force as of 1/1/2011.

Saqr Ghobash

Minister of Labour

Issued on 29 November 2010.

Ministerial Resolution No. 1186 of 2010 on Rules and Conditions for Granting a New Work Permit to an Employee After Termination of the Work Relationship in Order to Move From One Establishment to Another

The Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers,

Federal Law No. (8) for 1980 and the amendments thereto regarding the regulation of work relationships,

Cabinet of Ministers Resolution No. (25) for 2010 regarding internal work permits applicable at the Ministry of Labour,

Minister of Labour Resolution No. (826) for 2005 regarding the executive regulation for transfer of sponsorship,

Ministerial Resolution No. (707) for 2006 regarding the procedures and rules of the employment of non-citizens in the State,

And Ministerial Resolution No. (724) for 2006 regarding the administrative cancellation of sponsorship;

It Was Decided:

Article (1)

The Ministry may issue a new work permit to an employee after the termination of his labour relationship with the employer to move from one establishment to another without needing to wait six months from the date of cancelling the labour card, as stipulated in the Minister of Labour Resolution No. (826) for 2005, according to the regulations stipulated in this decision.

Article (2)

The following two conditions must be met in order to grant the work permit mentioned in Article (1) of this resolution:

  1. Agreement between the employee and the employer to conclude the work relationship.
  2. The employee must have spent at least two years with the employer.

 

Article (3)

As an exception to the provision of Item No. (1) of Article (2) of this Resolution, the Ministry may issue the work permit without requiring the consent of the employer to end the relationship in the following cases:

  1. The violation on the part of the employer of his obligations, whether legal or consensual, (for example but not limited to: non-payment of wages for more than sixty days).
  2. Cases in which the employee is not the cause for ending the relationship, for example:
    • a- The case of a complaint submitted by the employee against the establishment where he works for not being hired as a result of the closure of that establishment. In this case, a report from the Inspection Department of the Ministry is necessary to prove that the establishment has not exercised its activity for more than two months, provided that the employee had been referred to the Ministry during such period.
    • b- The case of a labour complaint referred by the Ministry to the court. In this case, a final ruling in favour of the employee is necessary, stating his entitlement to at ’ limited contract prior to its expiry, and any other rights the employer had not given the employee, provided that the ruling does not include anything to the effect that the employee had left work of his own accord for no reason recognised by the law, or that he was deprived of the end of service bonus.
    • c- In the event that the employer, of his own accord, terminates or neglects to renew the work relationship, and without the resignation of the employee.

Article (4)

As an exception to the provision of Item No. (2) of Article (2) of this Resolution, the Ministry may issue a work permit to the employee without requiring the two year period in the following cases:

a. In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than (12) thousand Dirham at the first professional level, (7) thousand Dirham at the second professional level and (5) thousand Dirham at the third professional level.

b. In the event that the employer violates his legally stipulated obligations to the employee, or in the event that the employee is not the cause for terminating the work relationship as mentioned in Article (3) of this Resolution.

c. In the event that the employee moves to another establishment owned solely or jointly by the same employer.

 

Article (6)

Renewed work permits granted in accordance with this Resolution shall be revoked if the Ministry discovers that the data upon which the permit was based is incorrect, or if it discovers that the conditions necessary for permit renewal mentioned in this Resolution no longer exist.

 

Article (7)

Any text or provision contrary to this Resolution shall be null and void.

 

Article (8)

This Resolution shall be published in the Official Gazette and shall be put into force as of 1/1/2011.

 

Saqr Ghobash

Minister of Labour

Issued by us in Abu Dhabi on 29 November 2010

 

Cabinet of Ministers Resolution No. 25 of 2010 on Concerning Internal Work Permits Applicable in the Ministry of Labour

Repeals:

Cabinet Decision No.(18) of 2005

The Cabinet:

Upon Consulting The Constitution;

Federal Law No. (1) of 1972 on the Competences of Ministries and powers of Ministers, as amended;

Federal law no.(8) of 1980 regulating labour relations,

Cabinet of Ministers Resolution No.(18) of 2005 on the Transfer of Sponsorship and Secondment of Sponsored Workers and the Prescribed Fees therefor;

Cabinet of Ministers Resolution No. (19) of 2005 on the System of Fess and Bank Guarantee;

Based on the motion of the Minister of Labour and Approval of the Cabinet;

Resolved as follows:

Article (1)

In applying the provisions hereof, the following words and expressions shall have the meanings respectively assigned thereto, unless the context otherwise requires:

State: United Arab Emirates

Ministry: Ministry of Labour

Minister: Minister of Labour

Employer: Every natural or legal person employing one or more workers for a wage of whatsoever kind.

Worker: Every male or female working in the service of the employer or under his management or supervision, even if he/she is out of his sight, in return for a wage of whatsoever type. This definition includes employees and officers working in the service of the employer and are subject it the provision hereof.

Firm: Every technical, industrial or commercial economic unit where the workers work and aims to produce or market commodities or render services of any sort and shall be subject to the said labour law and the governing.

Internal work permit: An internal work permit set out herein and granted by the Ministry of Labour to any establishment according to the provisions hereof.

Article (2)

No Employer may hire a UAE national or non-national worker resident in the state in any of his Establishments except after obtaining any of the following internal work permits from the ministry:

  1. Worker transfer permit: That is the permit whereby the non-national worker is transferred from/ to another firm registered in the ministry.
  2. Temporary work permit: It is the permit whereby a national or non-national is employed in a job, the nature or accomplishment of which takes a period of not more than six months in any establishment.
  3. Part-time work permit: It is the permit whereby a national or non-national is recruited in a job with working hours less than the normal working hours of full-time workers engaged in the same job at any firm.
  4. Work permit for those sponsored by their families: It is the permit whereby those sponsored by their families are recruited in a firm.
  5. Juveniles work permit: It is the permit whereby a national or non-national whose age is between 15-18 years old is recruited in firm

Article (3)

The ministry may issue any internal work permits additional to those stated in Article (2) hereof.

Article (4)

The Minister shall issue a decision defining worker categories, cases, conditions, curbs and standards by which a work permit is issued for non-nationals without being bound by the elapse of the applicable six-month period, taking the following considerations:

a- The cases where the Employer breaches his legally prescribed obligations towards the worker or such cases where the worker is not the cause of the termination of the employment relation.

b- The need of UAE labour market for employees with higher qualifications, distinguished expertise, and technical specialties.

c- Specifying the period of time that the Worker must spend at the ex-employer and categories that may be excluded from this condition.

Article (5)

The ministry shall issue the decisions necessary to implement the present Resolution.

Article (6)

The aforementioned Cabinet Decision No. (18) of 2005 and any provision in contrary to or in contrast with the provisions hereof shall by repealed.

Article (7)

This Resolution shall be published in the Official Gazette and shall come in to force three months after the date of its issue.

Mohammed Bin Rashid Al-Maktoum

Prime Minister

Dated 11 August 2010

Ministerial Resolution No. 468 of 2007, on Granting of Work Permits

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto,

Federal Decree No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates,

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto,

Cabinet of Ministers Resolution No. (133/1) for 2007 on amending some of the provisions of Federal Law No. (6) for 1973 regarding the entry and residence of foreigners, granting a time limit for violators of labour and residency laws to leave the country or settle their status,

Ministerial Resolution No. (396) for 2007 regarding operating in accordance with the settlement procedures manual,

And for the public interest,

It was decided:

Article (1)

Facilities submitting applications for individual or group work permits shall not be granted the said permits in the following cases:

  1. If the facility had expired labour cards for more than two months, submitted labour cards with deficiencies (due fines), expired work permits for more than six months, expired licenses for more than one year, or that have any other restrictions as a result of violating the provisions of the mentioned law regulating work relations or the Ministerial Resolutions issued for its implementation.
  2. If the owner of the facility submitting the applications for work permits was the owner, partner, or services agent at other facility or facilities that has labour cards with deficiencies (due fines), expired labour cards for more than two months, expired work permits for more than six months, expired license for more than one year, or any other restrictions, provided that the name any of the partners in the facility or the other facilities was not mentioned in the applicant facility.

 

Article (2)

In implementation of the provisions of Article Two of Article One, the competent permits committee shall issue written notifications to the owner of the applicant facility every time he submits applications for work permits, if he does not settle the status of the restrictions, expired cards or permits, or against which there are due fines at any other facility where he is a partner, regardless of his capacity, whether as an owner, partner, or services agent, in this case, the entire matter shall be referred to the Undersecretary of the Ministry to take the necessary action.

Article (3)

The facilities owners must benefit from the settlement period extending up to 2/9/2007 to settle or amend the status of the violating workers in the state, whether by cancelling their sponsorships, transferring them, issuing labour cards for them, or report their escape if it was proved that they have escaped.

Article (4)

This resolution shall be in effective as of the date of its issuance. All employees of the ministry must comply carefully with this resolution, each in his own scope of work.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 23 July 2007

Ministerial Resolution No. 849 of 2006, on Unused Work Permits

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers capacities and the amending laws thereto,

Federal Law No. (8) for 1980 in regards to organizing work relationships and the amending laws thereto,

The Federal Decree No. (10) for 2006 A.D. of the cabinet of United Arab Emirates,

Cabinet of Ministers Resolution No. (19) for 2005 regarding fees and bank surety,

And for the business interest,

It was decided:

Article (1)

All establishment are exempt from the payment of fees for unused work permits.

Article (2)

The exemption of the first article shall include all the submitted unused work permits applications submitted before the date of this resolution.

Article (3)

This resolution is effective as of its issuance date and it shall be adhered to carefully by the concerned people.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 21 December 2006

Ministerial Resolution No. 764 of 2006 in Regards to the Applications of Replacement

Minister of Labour:

After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers capacities and the amending laws thereto,

Federal Decree No. (10) for 2006 A.D. issued by the Cabinet of United Arab Emirates,

Federal Law No. (8) for 1980 of organizing the work relationships and the amending laws thereto,

Ministerial Resolution No. (52) for 1989 regarding recruiting expatriate labourers,

Ministerial Resolution No. (87) for 2006 regarding the validity term of the work permit,

Ministerial Resolution No. (92) for 2006 regarding the individual work permit requests,

And based on what was presented by Under-secretary of the Ministry,

It was decided:

Article (1)

The authorized recruited worker may be replaced a maximum of two times only upon the below conditions

  1. This shall take place during the original or renewal term of validity of the permit.
  2. The applicant must provide a written proof from the Naturalization & Residence Department certifying that the permit has not been used.

 

Article (2)

The Ministry has the right to approve the replacement with the change of nationality, provided that the profession and gender (male / female) remain the same as mentioned in the original permit. he establishment is committed to pay any additional charges arising due to transfer of property from one category to another or for any other reason.

Article (3)

This resolution is effective as of its date of issuance and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 19 October 2006.

Ministerial Resolution No. 92 of 2006, Concerning Work Permits

Minister of Labour and Social Affairs,

After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto,

Federal law No. (8) for 1980 in regards to organizing work relationships and the amending laws thereto,

Cabinet of Ministers Resolution No. (19) for 2005 for regarding the fees system and bank guarantee,

And what was presented by the Under-secretary of the ministry,

It was decided:

Article (1)

Establishments that employ 100 or more workers are entitled and committed to the following:

  1. The decided percentage of nationalization.
  2. The appointment of a local citizen in the post of governmental relations officer.
  3. Payment of wages and submission of the regular wages report to the Ministry in a timely manner.
  4. Not holding expired work cards or work permits.

By submitting individual applications for work permits for the cancelled labours and complete the transaction directly through the Receipt Counter, without being reviewed by the Employment Permits Committees.

 

Article (2)

It is required to approve a new work permit to submit the same within 90 days from the date of worker’s cancellation where the new one has to be of the same nationality, gender and profession with proof of departure.

Article (3)

This resolution is effective as of 11/02/2006 and shall be adhered to carefully.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 25 January 2006

 

Ministerial Resolution No. 370 of 2005, Regarding the Special Mission Entry Permit

The Minister of Labour and Social Affairs;

After having reference to Federal Law No.(1) for 1972, on the functions of ministries and the responsibilities of ministers and the amended laws thereof;

And to the Federal Law No. (8) for 1980, on regulation of labour relations, and the amending laws thereof;

And to the Cabinet Decision No. (5) for 1990 regarding the organization structure of the Ministry of Labour and Social Affairs;

And to the ministerial decision No. 401 for 1997 regulating temporary and part-time work in the UAE private sector;

And to the ministerial decision No. (37/2) for 1982 on the standards of medical care to be provided by employers;

And to the General Directorate of Naturalization and Residency;

And based on the proposals presented by the ministry’s undersecretary for labour sector;

Decides as follows:

Article (1)

Without prejudice to the provisions of Article (3) of the ministerial decision No. 401 for 1997 regulating temporary and part-time work in the UAE private sector, the Ministry of Labour and Social Affairs may grant temporary mission work permits for ninety (90) days only, to companies whose work conditions require this type of permit.

Article (2)

Companies requesting temporary mission permits shall be committed to:

  • Grant each worker a return travel ticket to the UAE and back to his country of domicile or any other destination agreed upon;
  • Ensure that the worker is medically fit to perform the intended assignment, and that he is free from any epidemic diseases according to an authenticated medical certificate;
  • Pay a fee of Dh 500 for each worker granted a temporary mission permit;
  • Prepare a work contract upon the arrival of the worker to UAE, duly signed by the company and the worker and approved by the competent labour department;
  • Provide medical care at the standards stipulated in the ministerial decision No. (37/2) for 1982, in addition to adequate health insurance;
  • Present the Ministry’s approval for hiring expatriate workers on temporary mission permits, to the General Directorate of Naturalization and Residency for the issue of the necessary entry visa;
  • Not allow the temporary worker under his sponsorship to work for any other employer;
  • Regularly pay the workers’ salaries every month, throughout their assignment, on a working day and at the workplace, provided payment lists are presented to the competent labour department monthly;
  • Repatriate the worker to his country or any other destination agreed upon, once the work is completed or within a period of time not exceeding seven days from the expiry of the permit;
  • And fulfill all other requirements stated in the Ministry’s application form designed for the purpose, or any further conditions that may be made by the Ministry.

 

Article (3)

The Ministry’s undersecretary for labour sector shall determine necessary measures, conditions and forms to implement this decision.

 

Article (4)

Companies seeking temporary work permits shall apply to the Establishments Affairs Department at the Ministry, and in case the application fulfills the required conditions, it shall be referred to the ecommittee.

 

Article (5)

An e-committee shall be formed to determine the eligibility of the applying companies and their actual need for this type of permits, and to specify a quota for each eligible applicant based on certain criteria.

 

Article (6)

Applications for temporary work permits to the Ministry or the competent regional office, as well as their response to the applicants, shall be made electronically and according to the form specified for the purpose.

 

Article (7)

The Ministry may renew the temporary work permits for another period based on conditions it considers fit.

 

Article (8)

Any company that is in breach of the conditions required for granting the temporary work permits, presents false information or documents to get the Ministry’s approval, or otherwise violates any of the provisions of Federal Law No. (8) for 1980 and the amended laws and executive orders thereof, shall have its firm card cancelled from the register forthwith and shall be subject to legal measures according to clause (11) of the labour law and relevant ministerial decisions issued for the purpose.

 

Article (9)

This decision shall take effect as of the date of its issue and shall be published in the official gazette.

 

Dr. Ali bin Abdulla Al-Kaabi

Minister of Labour and Social Affairs

Dated 30 May 2005.

 

Administrative Circular No. 77 of 2005, Regarding Employment of Foreign Workers on Missions

Undersecretary of the Labour Sector,

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing work relationships and the amending laws thereto;

Ministerial Resolution No. (401) for 1997 A.D. regarding the organization of temporary and part-time employment in the private sector in the State;

Ministerial esolution No. (370) for 2005 regarding temporary work assignment permits;

The approval by the Naturalization and Residency Administration.

For the purposes of the implementation of Decision No. (370) for 2005 A.D.,

And for the business interest,

It was decided:

 

Article (1)

The assignment means: the process of conducting a specific work or project for a specific time that does not exceed six months.

Article (2)

Issuing assignment permits shall be limited to the facilities working in the oil and energy fields, or any other sectors as specified by the Minister through a decision.

 

Article (3)

It is necessary for the labour allowed an assignment permit to be of a specialized technical nature for the work he was brought in for.

Article (4)

The facilities applying for assignment permits are obliged to certify contracts from the Supreme Oil Council, government oil companies, or the competent government authorities and directorates specialised in the field of electricity, water and energy. Subcontracts are not acceptable.

Article (5)

The contract proposed by the facility must be for a period of three months that are renewable for a maximum of another three months. It must also be in force from the date of the worker s entry to the state and is not subject for a probation period.

Article (6)

The contract must include a condition as to the obligation by the facility to provide medical care and a guarantee for a paid sick leave from the date of entry into the state.

Article (7)

The necessary procedures for the assignment work permit are as follows:

  1. The facility shall request to open a file for the approval of an assignment permit at the Ministry.
  2. The Work Permits Department and the competent Labour Office shall evaluate the file according to the conditions mentioned in Ministerial Resolution No. (370) for 2005 A.D. and this Circular, and then it shall be approved.
  3. The inistry shall evaluate the request and issue an electronic permit to the Naturalization and Residency Administration, as well as electronically notifying the facility.
  4. The facility shall issue an assignment permit card for the worker upon entry into the state and certify the employment contract at the Ministry

 

Article (8)

This resolution shall be in effect as of the date of its issuance. All appropriate authorities and workers of the ministry must comply carefully with this resolution, each in his own scope of work.

 

Dr. Khaled Mohammed Al-Khazragi

Issued in Dubai

Dated 20 July 2005

 

Ministerial Resolution No. 951 of 2003, Regarding Investors

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Law No. (18) for 1995 on simple crafts and its executive regulation as issued by Ministerial Resolution No. (960) for 1998;

Federal Law No. (18) for 1993 on commercial transactions.

Cabinet of Ministers Resolution No. (30) for 2001 on transferring sponsorship.

And based on what was proposed by the Undersecretary of the labour sector,

And for the public interest.

It was decided:

Article (1)

The laws and regulations stipulated in this resolution shall apply on the transactions pertaining to the issuance, renewal and cancellation of external and internal labour permits.

 

Article (2)

The Ministry is not competent to review the application for a work permit for the foreign trader, holder of professional or industrial license, or partner in any of that, who is not a (worker) under an (employment contract) in accordance with the definitions set out in the mentioned Law No. (8) for 1980, and the customer shall be directed to submit the application directly to the competent Naturalisation and Residency Directorate.

 

Article (3)

The foreigners on whom the provision of the above-mentioned second article applies may not be under employment contracts in any facility subject to the mentioned Federal Law No. (8) for 1980 except after acquiring a labour card firstly, in accordance with the procedures in force at the Ministry.

 

Article (4)

The worker sponsored by a facility subject to the mentioned Federal Law No. (8) for 1980, who wishes to amend his status to become a partner or an owner must complete the procedures of cancelling his labour card firstly, according to the procedures in force at the Ministry.

 

Article (5)

It is possible to accept the application to transfer sponsorship submitted from a worker sponsored by a facility that is subject to Federal Law No. (8) for 1980 to become sponsored by a facility he owns or where he is a partner, provided that he is among the categories permitted to transfer sponsorship in accordance with the mentioned Cabinet of Ministers Resolution No. (30) for 2001 and its explanatory regulation.

 

Article (6)

The owner or partner who submits an application for a transfer of sponsorship to become a worker in a facility subject to Federal Law No. (8) for 1980 shall not be granted approval or a labour card unless he was one of the categories permitted to transfer their sponsorship.

 

Article (7)

It is not permitted for any craft facility to be granted a work permit from the Ministry, unless the Ministry had accepted its registration and listing in the index, in accordance with the provisions of Federal Law No. (18) for 1995 and its mentioned executive regulations.

 

Article (8)

A foreigner who has acquired the approval of the Ministry for his registration in the craft register and index is not considered a worker, and the Ministry shall not be competent to grant him a work permit if the facility was owned by himself alone, in which case he shall be directed to refer to the competent Naturalisation and Residency Directorate.

 

Article (9)

If there are several foreigners holding the same craft activity permit, the one whose name is listed first in the register shall be the one considered as owner of the license, and all others shall be considered as workers and must have work permits, according to the rules and regulations in force in the Ministry.

 

Article (10)

It is not permitted to accept applications to transfer sponsorship from or to craft facilities.

 

Article (11)

The Director of the Labour Permits Directorate at the Ministry offices in each of Abu Dhabi and Dubai, and the Directors of the Labour Offices shall issue the Ministry’s approval to register and list on the craft index mentioned in Article (7) above.

 

Article (12)

It is prohibited for the holders of commercial, professional, craft, or industrial licenses to recruit or use foreign workers before acquiring a work permit from the Ministry, in accordance with the rules and regulations in force.

 

Article (13)

The penalties stipulated in Federal Law No. (8) for 1980 and its executive regulations shall apply on those who violate any of the provisions of this resolution.

 

Article (14)

This resolution is effective as of its issuance date and shall be published in the Official Gazette.

Matar Humaid Al-Tayer

Minister of Labour and Social Affairs

Dated 24/12/2003

 

Ministerial Resolution No. 467 of 1995 to amend Ministerial Resolution No. 52 of 1989 which was issued to Outline the Rules and Procedures which should be followed in the Departments of Work Permits for Recruiting Expatriate Labour to Work in the State

 Minister of Labour and Social Affairs:

After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (5) for 1990 A.D. regarding the organizational structure of the Ministry of Labour and Social Affairs;

Ministerial Resolution No. (52) for 1989 regarding the necessary rules and procedures required to be followed at the labour permits departments for recruiting expatriate labourers for work in the state;

and the recommendations of the formed committee according to the decision of the Supreme Committee for looking into the procedures of the collective permits,

It was decided:

 Article (1)

The amendment of the fifth article of Ministerial Resolution No. (52) for 1989 regarding setting the required rules to be followed inside Employment Permits Departments for recruiting expatriate labourers to work in the country, as the below:

(The applications of recruiting expatriate labourers shall be on individual basis unless otherwise required to submit a collective application in case of expediting the procedures of recruiting the labour, where the expedition reasons shall be supplied for the Ministry which is eligible to reject the collective recruitment application, if it was unjustifiable. In any cases, the required number for recruitment collectively shall not be less than twenty five labours).

 

 Article (2)

This resolution is effective as of its issuance date and shall be published in the Official Gazette.

 

Seif bin Ali Al-Jarwan

Minister of Labour and Social Affairs

Issued on 19/08/95 A.D.

 

 

Ministerial Resolution No. 52 of 1989 on the Rules and Procedures to be adopted at the Labor Permits Sections with Respect to the Recruitment of Non-national Labourers for Employment in the UAE

The Minister of Labour and Social Affairs:

Pursuant to the Provisional Constitution Law No. 1 of the year 1972 Regulating the Functions of Ministers and Powers of Ministers, and the Laws issued in Amendment thereof, law No. 8 of the year 1973 Regulating the Civil Services Law in the Federal Government and the laws amending it and of the Council of Ministers order No. 1 of the year 1977 concerning the organization of the Ministry of Labour and Social Affairs, and the orders amending it and the Federal law No 8/80 regarding the organization of the Labour relationships and the laws amending it and the Ministerial Order No (23/1)/8 as amended by the Ministerial Orders No. 60/2/82, No47/84, No.75/84, No.84/84 and No,166/1984 and according to the recommendation of the undersecretary for Social Affairs, It is hereby ordered;

 Article (1)

Without prejudice to the provisions of the International Agreement and Treaties to which the U.A.E a member, non-national labourers may not be recruited for employment in the U.A.E unless in the manner as provided for in this order.

Article (2)

The provision of this order shall be applied in; the cases of non-national labourers who are recruited for employment in U.A.E with exception to the categories as provided for in article (3) of the Federal law No.(8)/1980 referred to herein above.

Article (3)

Approval of the applications to supply non-national Labourers for employment in U.A.E may not be granted unless the following requests are met;

  1. Labour supply application shall be made by U.A.E national employers who are licensed by the concerned authorities to conduct commercial, industrial service or any other activities which require labourer to carry-out the work or an organization licensed to operate in U.A.E which is either sponsored or jointly owned by a national as evidenced from the license therefore in any way not prejudicing the laws issued in this respect.
  2. That there shall no national labourer as recorded with the recruitment office who can carry out the required work.
  3. That labourer recruited shall not be less than 18 and not more 60 years old. The maximum age limitation, however, may be waived if the employee to the recruited shall have an extensive and rare experience in the field of his specialization provided for the job he has been recruited for employment in U.A.E, shall be of the economic importance such wavier shall be sanctioned by the Minister.

Article (4)

The applicant shall submit to the Ministry the documents evidencing that it has been business which needs the recruitment of Labourers to carry-out the work particularly.

  1. The contract to be executed which are entered with the firm applying or recruitment duly approved by the contracting party with all signatures duly attested; the location of work in the projects subject of such contracts shall be specifically indicated.

  2. Reports which define in a time table the stages of the execution of the project, its particulars the labour requirement at each stage, the type and duration of each stage.

  3. Other requirement as and when made by the Business licensing department as an evidence of the need of the applying firm to the number of the required Labourers; if such an application for the recruitment for foreign Labourer is for the execution of a Government project, evidencing the volume of the required labour, its type, the time table of its requirement, locations, the completion time of each stage as per a time table; the Ministry may require to verify the volume of the required labourers at site.

Article (5)

Applications for the recruitment of non-national labourers shall be made on individual basis unless emergency situations require that a block visa be issued; justification for such emergency request should be conveyed to the Ministry who shall have the right to reject any request for block visa which is not sufficiently justifiable. 

Article (6)

The employer or its legal representative shall sign the recruitment application form prepared by the Ministry for this purpose, such form shall include the following undertakings:

  1. An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited Labourer, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No (8)/1980 referred to herein.
  2. An undertaking from the employer to the effect that he shall ensure that the recruited Labourer is medically fit and free from diseases according to a medical certificate issued for each labourer by the concerned medical department in U.A.E and in accordance with the instruction issued in this respect.
  3. An undertaking from the employer to the effect that he will take the necessary procedure to prepare and sign the employment contract or any other procedures required by the valid regulations to be performed particularly the obtaining of the Labour card within sixty days from the date of the arrival of recruited labourer into the country.

An undertaking from the employer to the effect that he shall send back the recruited labourer to the country where he was recruited upon the completion of this job and upon the cancellation of his sponsorship and the handing back of the labour card provided same shall be valid.

Article (7)

The Ministry shall refer approved recruitment applications to either the Naturalization and Immigration department or U.A.E’s Embassies abroad, as the case may be, for taking the necessary action as to the issuance of labour visa or permits upon the payment by the employer the prescribe fees according to the decision issued in this respect.

Article (8)

In order to be granted a labour card, the employer shall submit to the Ministry along with the application for obtaining the card an evidence indicating that the labourer is medically fit to carry-out the job for which he has been recruited vide the certificate referred to in para “b” of Article (6) of this order. Such a card shall be valid for three years, to be renewed for similar terms. The employer, however, may request the renewal of the card before expiry of the validity, thereof.

A card shall be renewed within 60 days from the date of expiry thereof without any extra fees if an employer desires to have a labourer continue working therefore.

A card may not be renewed after the lapse of the above period unless the employer has offered an excuse to be acceptable to the Ministry; in such a case the Ministry shall levy the prescribed fee as penalty for delaying in renewing the card pursuant to the Ministerial order No 18/1989 in this regards and the amendments thereto.

A labourer whose card has expired may not be employed, a card shall be issued in the form prepared for this purpose, the obtaining and maintaining of a valid Labour Card shall be pre condition for obtaining or a renewing a Residence Permit with the Naturalization and Immigration Department.

Article (9)

In case of violation of part “C” and “D” of article (6), the fees indicated in article (8) shall be applied in accordance with the periods and rates prescribed in each case.

Article (10)

Employers who employ non-national labourers shall provide the Ministry with periodic lists during the months of March and September of each year which shall indeed have the name of the labourers who are employed according to the form prepared by the Ministry in this regards.

Article (11)

Employer who employs non-national employees shall inform the Ministry about any labourer who leaves the job of his own during the validity of the employment contract illegally; the Ministry shall take up the necessary procedures at its desertion.

Article (12)

Without prejudice to the penalties prescribed by any other law, any person who either exploit the permission of the Ministry of recruit labourers illegally, provide incorrect information or documents for the purpose of obtaining the permission shall be subjected to the penalties prescribed in part eleven of the Law No. (8)/1980 and its amendments. 

Article (13)

Each and every employer who recruits non-national labourer shall maintain a record as may be fixed by the Ministry in accordance with the form prepared thereby for this purpose in order to supervise the execution of the provisions of this order through the labour inspectors who are designated by the Ministry to carry out such a job.

Article (14)

All requests, records, lists and forms to be submitted in execution of the provisions of this resolution shall be in Arabic.

Article (15)

The undersecretary shall put the provisions of this order into effect and co-ordinate with the Naturalization and Immigration Department in accordance with the requirements of the work.

Article (16)

The Ministerial orders Nos. (23/1) of 1981, 60/2/1982, 74/1984, 75/1984, 166/1984 shall be cancelled.

Article (17)

This order shall be put into force w.e.f this date and all Ministry staff shall put same into force each in his own area of responsibility. 

Khalfan Mohammed Al-Roumi

Minister of Labour and Social Affairs

 

 

Academic Qualifications (Certificates)

Ministerial Resolution No. 240 of 2008 with Ministerial Resolution No. 851 of 2005 Regarding the Approval of the Certificates

After ‎reviewing ‎Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal‎ Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Federal ‎Law No. (45) for 1992 in regards to organizing the Ministry of Foreign Affairs and the associated implementing resolutions thereof;

Ministerial ‎Resolution No. (851) for 2005, mentioned above;

And ‎for ‎the ‎public ‎interest,

It was decided:

Article (1)

The ‎diplomas, ‎educational ‎or ‎technical ‎certificates‎ that‎ are‎ presented‎ to‎ the‎ Ministry ‎of‎ Labour ‎must ‎be ‎certified ‎by ‎the‎ Ministry ‎of ‎Foreign‎ Affairs ‎or ‎the ‎decided‎ appropriate ‎authority.‎

Article (2)

If the‎ diploma ‎or ‎certificate ‎submitted ‎to ‎the ‎Ministry ‎is ‎proved‎ to ‎be‎  fabricated, ‎then ‎the ‎application ‎process‎ will ‎be ‎halted ‎without‎ prejudice ‎to ‎penalties ‎or‎ any ‎recourse ‎as ‎mandated ‎by ‎law‎ and ‎executive‎ regulations.

Article (3)

If‎ the‎ application ‎has ‎been ‎suspended ‎and ‎the ‎work ‎permit ‎is ‎cancelled ‎after‎ the ‎employee ‎has ‎entered ‎the ‎State ‎or ‎was‎ a ‎resident ‎at ‎that ‎time,‎ then‎ the ‎applicant ‎establishment ‎is ‎responsible ‎for ‎whatever ‎needed to return him to his home country.

Article (4)

A‎ specialized‎ financial‎ and‎ legal‎ competency ‎committee ‎shall ‎be ‎formed ‎to‎ review‎ all ‎the ‎financial ‎payables ‎that‎ were‎ received‎ as ‎a ‎result ‎of ‎resolution ‎No. ‎(851)‎ for 2005‎ indicated before, and decide on the method of utilizing these funds, according to all applicable financial and legal by-laws.

Article (5)

 Ministerial Resolution No. (851) for 2005 shall be void and all respective authorities shall be informed thereof.

Article (6)

The ‎respective ‎assistant ‎under-secretary‎ of ‎the ‎ministry‎ has‎ to ‎issue‎ the ‎ necessary‎ directions ‎to ‎execute ‎this resolution’s provisions.

Article (7)

The ‎resolution ‎has ‎to ‎be ‎applicable ‎as ‎of ‎its ‎date ‎of ‎issuance, ‎and‎ shall‎ be‎  published ‎in‎ the ‎official ‎gazette.

Saqr Ghobash

Minster of Labour

Dated 21 April 2008

 

Ministerial Resolution No. 424 of 2005, Regarding the Elimination ‎of‎ the Requirement ‎of Obtaining ‎a High ‎School ‎Diploma ‎for ‎Simple‎ Manual‎ Labor

After ‎reviewing‎ Federal ‎Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal‎Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (563/1) for 2001 regarding the restructuring of the labour market;

Cabinet of Ministers Resolution No. (7/7) for 2003 regarding the modification of the recommendation mentioned in Section (4) of Cabinet of Ministers Resolution No. (563\1) for 2001, as referred to;

Cabinet of Ministers Resolution No. (356/4) for 2005 regarding the exemption of the recruited labour in the State from the educational qualification condition;

And‎ based‎ on‎ what‎ was ‎proposed ‎by the Undersecretary of the Labour Sector;

And‎ for‎ the ‎public ‎interest,

It was decided:

Article (1)

Elimination ‎of ‎the ‎requirement ‎of ‎obtaining ‎a ‎high ‎school ‎diploma ‎for ‎simple‎ manual‎ labour‎ that do not require qualification, including restrictively the workers who are referred to with numbers (4,5) in the seventh cell of the decimal classification system applicable in the Arab Gulf Unified Directory for Classification and Job Description.

Article (2)

Workers ‎who ‎do ‎not ‎fall ‎under ‎the ‎provision ‎of ‎‎Article (1) ‎are‎ conditioned ‎to ‎have ‎an ‎educational ‎qualification ‎in ‎accordance ‎with ‎the ‎Arab‎ Gulf‎ Unified ‎Directory ‎for Classification‎ and ‎Job‎ Description.‎

 

Article (3)

All‎ of ‎the ‎decisions ‎issued ‎by ‎the ‎Ministry‎ and ‎instructions ‎contrary ‎to ‎the‎ provisions ‎of ‎this ‎resolution ‎are ‎void ‎and null.

Article (4)

The Undersecretary‎ of ‎the ‎labour ‎sector ‎is ‎to ‎execute ‎the‎ required ‎amendments‎ in ‎the ‎applicable ‎database‎ at ‎the ‎Ministry ‎regarding ‎the‎ professions ‎that ‎are ‎not‎ consistent ‎with ‎the ‎mentioned ‎approved ‎classification ‎in ‎the ‎referred ‎directory.‎

Article (5)

This ‎resolution ‎is ‎applicable ‎as ‎of‎ its ‎issuance ‎date,‎ and‎ shall ‎be ‎published ‎in‎ the ‎Official ‎Gazette.

Dr. Ali bin Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 14 June 2005

 

 

Labor Contract

Minister of Labour’s Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations

The Minister of Labour,

Upon consulting Federal Law ( 1 ) of 1972 on the mandates of ministries and the powers granted to ministers.

And of Federal Law ( 8 ) of 1980 and its amendments governing labour relations.

Decrees:

Article ( 1 )

An employment relation between employer and worker may be terminated as follows:

I – In the case of fixed-term contracts (approved by the Ministry for a term of no more than two years), an employment relation is terminated if any of the following instances occurs:

  1. The term of the contract expires and the contract is not renewed.
  2. Employer and worker mutually consent to terminate the contract during the course of its term.
  3. Either party (employer or worker) acts unilaterally to terminate the contract and complies with the legal steps that are described in clause (4) of this article. The terminating party bears any legal consequences of early termination.
  4. Either party (employer or worker) acts unilaterally to terminate a renewed term contract, whether renewal has occurred before or after this decree enters into effect, provided the terminating party complies with the following legal steps:
    • a. Notify the other party in writing of its intent to terminate the contract in accordance with the notice period to be agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal occurred before this decree enters into effect and the parties had not agreed to a notice period, this notice period shall be three months.
    • b. Continue to honor his/her contractual obligations for the duration of the notice period.
    • c. Indemnify the other party to the level that was agreed to by both parties, not to exceed the equivalent of three months of gross wages. If renewal occurred before this decree enters into effect and the parties had not agreed to the amount of indemnification, this indemnification shall be the equivalent of three months of gross wages.
  5.  Either party (employer or worker) acts unilaterally to terminate the contract without complying with the legal steps that are described in clause (4) of this article, and for no reason of non-compliance by the other party; in this case the terminating party bears any legal consequences of early termination.
  6. The Employer acts to terminate the contract of a worker who commits any of the violations that are described in Article (120) of the Federal Labour Law.

II – In the case of unlimited (not term-bound) contracts, an employment relation is terminated if any of the following instances occurs:

  1. The two parties consent to termination.
  2. One party acts, at any time, to terminate the contract subject to notifying the other party and continuing to honor contractual obligations for the duration of the notice period, which cannot be less than one month and cannot exceed three months.
  3. One party (Employer or Worker) acts unilaterally to terminate the contract, without complying with the legal conditions described in (2) above and without reason of noncompliance by the other party; in this case the terminating party bears any legal consequences of early termination.
  4. The Employer acts to terminate the contract of a worker who commits any of the violations that are described in Article (120) of the Federal Labour Law.

In all instances of termination described in this Article (1), either Employer or Worker may refer to the judicial system to seek indemnification or recover other rights under the Federal Labour Law and its implementing decrees.

Article (2)

An employment relation is considered to have de facto ended if any of the following instances occurs:

  1. It is duly established that the employer has failed to meet contractual or legal obligations to the worker (as in, but not limited to, the non-payment of wages for a period exceeding 60 days)
  2. The worker has filed a court complaint against an employer who failed to secure employment of the worker as a result of the shutting down of the employer’s business, in which case a report by Labour Inspection attesting to the fact that the business has been inactive for a period exceeding two months must be obtained and the worker must have reported to the Ministry during this period.
  3. A labour complaint is referred to the court by the Ministry and a final ruling is obtained in favor of the worker stating that the worker is entitled to no less than two-month wages or to indemnification for arbitrary firing or early termination of a fixed-term contract, or any other benefits denied to him by the employer for no lawful reason or the including the end-of-service benefit.

Article (3)

An employment relation is deemed to have ended without due process when:

  1. The employer terminates the employment relation without complying with legally mandated procedures;
  2. The worker employer terminates the employment relation without complying with legally mandated procedures; In which cases the wronged party may initiate legal action to seek indemnification or the recovery of other rights as stipulated by the aforementioned Law governing labour relations.

 

Article (4)

Any and all provisions of previous ministerial decrees that are contrary to, or inconsistent with the provisions of this present decree are hereby rendered null and void.

Article (5)

This Decree shall be published in the Official Gazette and become effective on 1/1/2016.

Saqr Ghobash, Minister of Labour

Issued in Abu Dhabi on 27 September 2015

Ministerial Decree No. 764 of 2015 on Ministry of Labour – Approved Standard Employment Contracts

The Minister of Labour:

Upon consulting Federal Law (8) of 1980 and its amendments governing labour relations; and Council of Ministers’ Decree (40) of 2014 on fees and penalties associated with Ministry of Labour provided services.

Decrees:

Article (1)

The employment contract specimen is henceforth adopted for use as a Standard Employment Contract. Tentative approval to admit a foreign worker for the purpose of employment in the UAE cannot be granted until an employment offer that conforms with the Standard Employment Contract is presented to and duly signed by the worker.

Article (2)

If the worker is in the UAE, the worker must duly sign the employment offer, as stipulated in Article (1) before the employer applies for tentative approval to employ the worker.

Article (3)

The Standard Employment Contract referenced in Article (1) must be used upon renewing contracts that are in force prior to the issuance of this Decree.

 

Article (4)

The employer must retrieve from the Ministry system a standard contract that captures exactly the terms of the employment offer and obtain the worker’s signature on the contract prior to presenting the contract for registration with the Ministry. No alteration or substitution of terms may be entered unless such alteration or substitution benefits the worker and after the alteration or substitution is approved by both the worker and the Ministry.

Article (5)

No new clauses may be added to the Standard Contract referenced in Article (1) unless they are consistent and compliant with the Ministry’s legal requirements, do not conflict with other clauses of the Standard Contract and are approved by the Ministry.

Article (6)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

Saqr Ghobash, Minister of Labour

Issued in Abu Dhabi on September 27, 2015

Administrative Circular No. 1 of 2001, Clarifies the Terms of Article 127 of Federal Law No. 8 of 1980

Undersecretary of the Labour Sector:

Whereas Article 127 of Law No. 8 for 1980 and amending laws had given the employer the right to require that the worker (who works for him and is permitted within the scope of his work to know his clients or have access to his secrets) may not compete with him or participate in a competitive work upon the completion of the contract.

In order to set a unified base for the execution of the mentioned article, the following shall be taken into account:

First: The employer, upon the ratification of the labour contract, may add the non-competition condition, provided that the following is specified in the contract:

  1. Place: Does not exceed the borders of the United Arab Emirates and may include one or two emirates, or the entire state.
  2. Time: The validity of the non-competition condition may not exceed two years from the date of the contract termination.
  3. Type of Work: Determine the type of work that may not be practised as a condition for non-competition.
  4. The competent employees at the Ministry may not ratify the labour contract if the above-mentioned requirements were not present in the contract.

Second: The employer may not set a condition to prevent the worker from working in the country (except in accordance with the provisions of Article 127 and if all conditions apply) by, for example, adding a paragraph in the contract stipulating that “labourers may not work in the country at the expiry of the contract”, which is considered a condition for non- competition due to its violation of the requirements of the mentioned article, as a result the stamp of depriving the labourer from work, at the expiry of the contract, must not be placed if this condition is present. ‎

Third: All appropriate authorities and employees of the ministry must comply carefully with this circular, each in his own scope of work, as of its issuance date.

Dr. Khaled Mohammed Al-Khazragi

Undersecretary of the Labour Sector

Wage Protection

Ministerial Decree No. 788 of 2009 on Protection of Wages

 After perusal of Federal Law No. (1) of 1972 concerning the jurisdictions of Ministries and power s of Ministers and the amending laws thereto; and

The Federal Law No. (8) of 1980 concerning the Regulation of Labour Relations  and the amending laws thereto; and

The UAE Federal Penal Code promulgated by the Federal Law No. (3) of 1987 and the amending laws thereto; and

The Cabinet Decree No. 133/1 of 2007 which makes it mandatory for institutions and companies to transfer their workers’ wages via banks; and

The Ministerial Decree No. (156) of 2003 on the Protection of Wages; and

The briefing given by the acting Undersecretary of the Ministry;

The Minister of Labour hereby promulgates the following Decree:

 

 Article (1)

All institutions registered with the Ministry must pay their workers’ wages once a month, at least, or on the dates specified in the work contract if wages are paid more frequently than monthly. The payment of wages should comply with the procedures and dates specified in this Decree. The institutions should, when requested, present all supporting documents that wages have been paid.

Article (2)

All institutions mentioned in Article (1) of this Decree must, as of 1 September 2009, start transferring all its workers’ wages to the banks and financial institutions working in the UAE via the Wages Protection System (WPS). The payment process should be made by the deadlines specified in Article (3) of this Decree.

Article (3)

All institutions mentioned in Article (1) of this Decree should transfer their workers’ wages via WPS by the deadlines below:

Number of workersMaximum period of time grantedDeadline
100 and above3 months (starting September 1)30 November 2009
15 to 99 workers6 months (starting September 1)28 February 2010
Less than 159 months (starting September 1)31 May 2010

The above-mentioned periods shall not apply to:

  1. Institutions which were already denied new work permits when the Decree was issued for failing to pay workers’ wages on time;
  2. Institutions which failed to pay their workers’ wages for one month or more after this Decree was issued.

Institutions mentioned in items (1) and (2) above should start transferring wages in accordance with Article (2) of this Decree in order the lift the ban imposed on issuing new work permits, without prejudice to imposing other penalties on the institution in question.

 

Article (4)

Institutions failing to transfer their workers’ wages in compliance with Article (2) of this Decree and within the periods specified in Article (3) of the same Decree will be denied the right to have new work permits. This ban will only be lifted in the month following the transfer of workers’ wages in full.

 

Article (5)

Until the workers’ wages are transferred in compliance with Article (2) of this Decree, it is mandatory for institutions with fifty workers or more to submit a monthly declaration as per the form attached to this decree.

Nonetheless, the Undersecretary of the Ministry, or whoever is delegated to task, may apply Paragraph 1 of this Article to other institutions or exempt others from the provisions of the same Paragraph.

 

Article (6)

The declaration stipulated in Article (5) of this Decree should be submitted within two weeks from the wages’ due date and in accordance with the procedures decided by the Undersecretary of the Ministry.

 

Article (7)

Taking into consideration Article (8) and Article (9) of this Decree, the authorized signatory of the institution will submit the declaration stipulated in Article (5) of this Decree, and will be held responsible for the information and data contained in the declaration, and may face civil and criminal liabilities for any violations.

 

Article (8)

If the Ministry is certain and assured that one of the following violations has occurred:

(a) Wages are not paid within a month of their due date;

(b) The declaration, stipulated in Article (5) of this Decree, has not been submitted within a month of the wages’ due date

and taking into consideration the provisions of other Cabinet Decrees pertaining to other administrative procedures, the institution in question shall be denied the right to have a new work permit for the following periods:

  • Until the violation is rectified (the first violation);
  • For one month after the violation is rectified (second violation);
  • For two months after the violation is rectified (third violation);
  • For three months after the violation is rectified (fourth violation).

If the Ministry arrives at a conclusion that the different bans mentioned above have been to no avail, it may, at its own discretion, decide to impose a ban on issuing any work permits to all institutions owned by the owner of the violating institution, provided they are owned by the same partners, and to refer all those responsible for the violation to the court. The ban shall persist until after the court proceedings or the violation is rectified, whichever comes first.

Article (9)

If the Ministry is certain and assured that the declaration, stipulated in Article (5) of this Decree, provides false information, the institution in question shall be denied the right to have a new work permit, and all those responsible for the false information shall be prosecuted, while the ban on work permits shall remain in force until after the court proceedings.

 

Article (10)

This Decree shall annul, as of the date it comes into force, the above-mentioned Cabinet Decree (156) of 2003 which makes it mandatory for the institutions to submit a certificate issued by an auditor.

 

Article (11)

This Decree shall be published in the Official Gazette and shall enter into force as of September 1, 2009.

 

Saqr Ghobash Saeed Ghobash, Minister of Labour

Issued in Abu Dhabi on 20/07/2009

 

Fees and Bank Guarantee

Cabinet of Ministers Resolution No. 27 of 2010 On the fees and Penalties for Service Provided

Ministry of Labour:

Repeals

Cabinet Decision No. 19/2005, dated 19/07/2005;

 

The Cabinet

Upon consulting the Constitution;

Federal law No. 1 of 1972 on the competences of Ministries and Powers of Ministers , as Amended;

Federal law No. 8 of 1980 regulating Labour Relations, as Amended;

Cabinet of Ministers Resolution No. (19) of 2005 regulating Fees and Bank Guarantees;

Based on the motion of the Ministry of Labour and approved by the Cabinet,

Resolved as follows:

Article (1)

The fees listed below shall be imposed in UAE Dirham on the services described herein and provided by the Ministry of Labour as follows:

 

First Firm Registration Services Fees:

SNType of Service Standard fee
First (1)Second

(2)

Third (3)
 (A)(B)(C) 
1Opening firm Register2000
2Issuing Electronic Signature Card250
3Issuing a PRO (non-national) for two years2000
4Issuing a PRO card as replacement for lost or damaged card200

 

Second: Work Permit Service Fees (from inside):

SNType of Service Standard fee
First (1)Second

(2)

Third (3)
 (A)(B)(C) 
1Applying for work permit for persons sponsored by their kinship200
2Work Permit for those sponsored by their kinship , including two-year labour card300600150020005000
3Applying for work permit for a juvenile100
4One-year juvenile work permit500
5Applying for temporary work permit100
6Temporary work permit, including 6 months labour card500
7Applying for part time work permit100
8Part time work permit including one-year labour card500

 

Third: Work Permit Service Fee (from Abroad)

SNType of Service Standard fee
First (1)Second

(2)

Third (3)
 (A)(B)(C) 
1Applying for work permit (for each worker200
2Work permit (recruitment and employment of workers from abroad, including two-year labour card).300600150020005000
3Work permit (recruitment and employment of workers aged over 65 years from abroad, including two-year labour card).5000
4Extending work permit from abroad. For every 10 days or fraction thereof500
5Changing work permit200

 

Fourth: Business Duty Permit Service Fees (from Abroad) :

SNType of ServiceStandard fee for all classification categories
1Applying for work duty permit100
2Work duty permit, including labour card500

 

Fifth: Employment Contracts and Card Service Fees:

SNType of Service Standard fee
First (1)Second

(2)

Third (3)
 (A)(B)(C) 
1Renewing labour card for two years300600150020005000
2Renewing labour card for workers aged over 65 for two years5000
3Renewing work duty card500
4Issuing labour card in lieu of lost or damaged card200
5Changing labour card details200
6Changing employment contract details200

 

Six: Service fees for Workers Transfer from Firm to another:

SNType of Service Standard fee
First (1)Second

(2)

Third (3)
 (A)(B)(C) 
1Applying for worker transfer permit from firm to another200
2Worker transfer and employment permit, including two-year labour card300600150020005000
3Work permit (transfer and employment of worker aged over 65 years, inclusive of two-year labour card).5000
4Extention of worker transfer permit from firm to another for every 10 days or a fraction thereof500

 

Seventh: Fees of Labour Recruitment Agencies:

SNType of ServiceStandard fee for all classification categories
1Labour recruitment agency licensing fee10000
2Annual fee for renewing the labour recruitment agency license5000

 

Eighth: Administrative Fines:

SNDescription of ViolationValue of Fine For Each Category
1Delay in issuing or renewing the labour card for a period exceeding sixty (60) days from the date of entry or date of card expiry.1000 for each month of delay or a fraction thereof.
2Delay in issuing work duty card for a period exceeding 30 days from the date of entry.100 for each day of delay
3Failure to renew work duty card for a period exceeding 7 days from the date of expiry.100 for each day of delay
4Failure to renew the labour recruitment agency license5000 for each month of delay or a fraction thereof.
5Settlement of violations to the law regulating labour relations and the implementing decisions thereof,From 5000 to 20000 according to the violation category approved by the
Ministry of Labour

 

Article (2)

Firms shall be exempted from payment of fees specified herein payable on the employment of UAE worker therein.

 

Article (3)

  1. The delay fees provided for in the aforementioned Cabinet of Ministers Resolution Mo. (19) of 2005 and those specified in the Minister of Labour Decision No. (771) of 2007 shall be settled at a maximum of AED 5000 per worker for all periods of violations committed prior to the entry into force of this Decision.
  2. The Minister of Labour may in coordination with the Minister of Finance set the rules, curbs and standards according to which the maximum limit stipulated in Clause (I) hereof shall be reduced or entirely exempted.

 

Article (4)

The Minister of Labour may make any exemptions from any or all administrative fines stipulated in the Eighth Clause of Article (1) hereof in such cases defined thereby and pursuant to such rules, conditions and standards as he may determine in coordination with the Ministry of Finance.

 

Article (5)

Any provision that contradicts or contravenes with this Resolution and Cabinet of Ministers Resolution No. (19) of 2005 shall be repealed with the exception of articles concerning licensing fees for nurseries.

 

Article (6)

This Resolution shall be published in the Official Gazette and its provision shall be applied as Follows:

  1. For fishing boat firms of UAE nationals, it shall take effect one month after the date of its issue in the Official Gazette.
  2. For other firms, it shall take effect three months after the date of its issue in the Official Gazette.

 

Mohammed bin Rashid Al Maktoum

Prime Minister

Issued by us:

Dated: 1 Ramadan 1431 A.H.,

Corresponding to: 11 August 2010 A.D.

 

Cabinet of Ministers Resolution No. (26) of 2010 On Regulating Labour Relations and Determined Banking Guarantees

The cabinet:

Upon consulting the Consulting the constitution and law no . (1) of 1972 on the competences of ministries and powers of ministers, as amended:

Federal law no (8) of 1980 regulating labour relations, as amended:

Cabinet of Ministers Resolution no (18) of 2005 on transfer of sponsorship and secondment of sponsored employees and determined fees:

Cabinet of Ministers Resolution no (19) of 2005 on the system for fees and banking guarantees : and

Based on the motion the minister of labour and approval of the cabinet ,

 

Resolved as follows:

Article (1)

The firms governed by the provisions of the aforementioned Federal law no. (8) of 1980 shall be grouped into categories :

  • Category (1);
  • Category (2) which is subdivided into (A), (B) and (C)
  • Category (3). the classification referred to in clause (1) hereof shall be made according to the extent of compliance of such firms with legislations and legal regulations and standards stated herein, particularly:
  1. Adhering to cultural diversity stipulated in the decision of the minister of labour made in this regard .
  2. Abiding by the payment of wages on its duly fixed or agreed dates according to the prescribed procedures.
  3. Providing labour accommodation as per the standards and requirements approved in this regard.
  4. Adhering to the emiratization percentages defined by the concerned bodies.
  5. Complying with the law and ministry’s policies by small and medium enterprises sponsored by youth business supporting establishments.
  6. Any such other standards conditions, curbs and periods as may be issued by the minister of labour.

 

Article (2)

Subject to Article (4) hereof, fishing boat firms of UAE nationals shall be classified in category (a).

 

Article (3)

Subject to Articles (2) & (4) hereof, firms employing more than three workers shall fall under category (2/b).

 

Article (4)

Firms may be transferred from a category to or from another level per the standards stipulated in Article (1) hereof.

 

Article (5)

Firms that are subject to the labour law shall pay the bank guarantee before the employee’s recruitment as follows:

  1. Firm classified under category “2-C”: three thousand dirhams per employee at a maximum of five million dirhams.
  2. Firm classified under category “2-B”: three thousand dirhams per employee at a maximum of three million dirhams.
  3. Firm classified under category “2-A”: three thousand dirhams per employee at a maximum of one million and half dirhams.
  4. Firm classified under category “3”: three thousand dirhams per employee at a maximum of ten million dirhams.

 

Article (6)

The following entities shall be excluded from the payment of the bank guarantee set forth in article (5) hereof:

  1. Firms falling under category “A” hereof;
  2. Industrial projects licensed under an industrial license issued by the ministry of Economy, which have priority to privileges and exemptions under Federal Law No (1) of 1979 regulating Industry affairs;
  3. Companies or firms established or co–owned by the Federal Government or local governments:
  4. Public utility societies, cooperative societies and national private institutions operating under the supervision of the Ministry of Social Affairs; and
  5. Any other firms governed by the rules, curbs and standards by the minister of labour in coordination with Minister of Finance.

 

Mohamed bin Rashid Al Maktoum

Prime minister

Date of signature: 11/08/2010: 01 Ramadan 1431 a.h.,

Date of publication: 31/08/2010

Effective date: 01/12/2010

 

 

‎‎‎‎‎‎‎Ministerial Resolution No. 968 for 2009‎‎‎‎‎ On the Amendment of Ministerial Resolution No. 444 for 2006‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎Regarding the Rules and Procedures for Fees Exemption‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎‎‎:

‎‎‎After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Federal law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎Ministerial Resolution No. (444) for 2006 on the Rules and Procedures for Fees Exemption‎‎;

‎‎‎‎‎Based upon what was presented by H.E. the Acting General Manager at the Ministry,‎‎‎

‎‎‎‎‎‎‎‎‎It was decided:‎‎‎‎‎‎‎‎‎

‎‎‎‎‎Article (1)‎‎‎‎‎

‎‎‎‎‎The following text shall substitute Item No. (6) as stipulated in Article One of the mentioned Ministerial Resolution No. (444) for 2006:‎‎‎‎‎

‎‎‎‎‎(The facility shall be exempted from the fees for not renewing a labour card or not issuing a labour card in case of a deceased worker or one who suffers from an infectious disease).‎‎‎‎‎

 

‎‎‎‎‎‎Article (2)‎‎‎‎‎‎

‎‎‎‎‎All concerned authorities shall implement this Resolution from the date of its issuance, and it shall be published in the Official Gazette.‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎Saqr Ghobash‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎

‎‎‎‎‎‎Issued by us in Abu-Dhabi‎‎‎‎‎‎

‎‎‎‎‎‎‎Corresponding to‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎6/9/2009‎‎‎‎‎‎‎‎ 

 

Ministerial Resolution No. 604 for 2007‎‎‎‎‎ ‎‎‎‎‎On Adding a Case to the Rules and Procedures of Fees Exemption‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎:‎‎‎‎‎

‎‎‎‎‎‎After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎

‎‎‎‎‎‎Federal law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Resolution No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎

‎‎‎‎‎Upon Cabinet of Ministers Resolution No. (133/1) for 2007 on amending some of the provisions of Federal Law No. (6) for 1973 regarding the entry and residence of foreigners, granting a time limit for violators of labour and residency laws to leave the country or settle their status;‎‎‎

‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (19) for 2005 in regards to fees and bank surety;‎‎‎‎‎‎‎

‎‎‎‎‎Ministerial Resolution No. (444) for 2006 and Ministerial Resolution No. (812) for 2006 on the rules and procedures of fees exemption;

‎‎‎‎‎‎‎‎‎And based on what was presented by the Assistant Undersecretary;

It was decided:

Article (1)‎‎‎‎‎‎

‎‎‎‎‎The following case shall be added to the limited exemption cases mentioned in the First Article of the above-mentioned Ministerial Resolution No. (444) for 2006: ‎‎‎‎‎

‎‎‎‎‎All facilities shall be exempted from the fees for issuing a labour card or an expired labour card without renewal in the case of the worker who make his final departure from the country within the settlement period for violating workers extending from 2/6/2007 to 3/11/2007.‎‎‎‎‎

 

‎‎‎‎‎‎Article (2)

‎‎‎‎‎‎‎‎‎This resolution is effective as of its issuance date, where all the competent officials must adhere to the same carefully, each one in his own capacity. ‎‎‎‎‎‎‎‎‎

 

Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎

‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎

Dated: 25/9/2007‎‎‎‎‎‎‎‎

Ministerial Resolution No. 812 of 2006, Regarding the Rules and Procedures for Exemption from Fines

Minister of Labour:‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;‎‎‎‎‎‎

‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎

‎‎‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety and its executive regulations; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Resolution No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎

‎‎‎‎Ministerial Resolution No. (444) for 2006 on the Rules and Procedures for Fees Exemption;‎‎

 

‎‎‎‎‎‎‎The below were decided:‎‎‎‎‎‎‎

Article (1)‎‎‎‎‎‎

‎‎‎‎ The following case shall be added to the cases mentioned in the First Article of Ministerial Resolution No. (444) for 2006 on the Rules and Procedures of fine exemption:‎‎‎‎ ‎‎‎‎

(The facility shall be exempt from the fine of renewing the labour card if the card expired while the worker is suspended, apprehended, or imprisoned. If the worker had not been issued a card, the fine shall be calculated from the date of entry into the country until the date of his suspension, apprehension, or imprisonment.‎‎‎‎

‎‎‎‎In all cases, it is conditional for the facility to submit a request for settlement, whether by issuing, renewing, or cancelling the card within a maximum of three months from the release date, if the request was submitted after that period; hence the facility shall not be exempt from the fine).‎‎‎‎

 

‎‎‎‎‎‎Article (2)

‎‎‎‎The above article shall not prejudice the provisions and procedures stipulated in Administrative Resolution No. 24/2006 regarding dismissing the worker against whom a dismissal ruling has been passed after the completion of the sentence.‎‎‎‎

 

‎‎‎‎‎‎Article (3)

‎‎‎‎‎‎‎‎This resolution is effective as of its issuance date, where all the concerned officials must be adhere to the same, each in his own capacity. ‎‎‎‎‎‎‎‎

 

Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎

‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎

 Dated 11 December 2012

 

 

Ministerial Resolution No. 444 for 2006,‎‎‎‎‎‎ ‎‎Regarding the Rules and Procedures for Fees Exemption‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎:‎‎‎‎‎

‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎

‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎

‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety; ‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Resolution No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎

‎‎‎‎‎Ministerial Resolution No. (292) for 2006 on the Rules and Regulations for Fees Exemption;‎‎‎‎‎

‎‎‎‎Ministerial Resolution No. (1151) for 2005 on Labour Cards Fine Fees;

‎‎‎‎Ministerial Resolution No. (1252) for 2005 on Working according to the manual of the settlement procedures for cases of non-issuance of labour cards or expired labour cards;‎‎‎‎

‎‎‎‎Ministerial Circular No. (14) for 1995 on Working according to the manual on deducting from the balance of the facility workers;‎‎‎‎

‎‎‎‎Ministerial Resolution No. (326) for 2006 on Fees Exemption;

‎‎‎‎‎‎‎‎And based on what was presented by the Undersecretary of the Ministry;‎‎‎‎‎

 

‎‎‎‎‎‎‎The below were decided:‎‎‎‎‎‎‎

Article (1)

‎‎‎‎The following rules and procedures shall be applied upon exemption from the fees of late issuance or renewal of labour cards:‎‎‎‎

  1. ‎‎‎‎The facility shall be exempt in case of the worker who left the country and has been abroad for more than (6) months, or whose residency expired while abroad and his card expired after the departure date. If he was not issued a labour card or if his labour card had expired prior to departure, the fine shall be paid from the date of entry or expiry of the labour card until the departure date.‎‎‎‎
  2. The facility shall be exempt in case of the worker whose name is repeated in the workers list at the facility, or in any other facility (has a labour card or residency with another facility) with respect to the workers whose labour cards have expired on or before 31/12/2005.‎‎‎
  3. The facility shall be exempt in case of the worker who is registered in the facility balance record, whose labour permit or labour card has expired, while there is no data on him in the records of the competent Naturalization and Residency Administration, with respect to cards expiring on or before 31/12/2005, and provided that the worker’s registration in the Ministry database was done properly, in the presence of the requested documents and data, and in accordance with the observed laws.‎‎‎‎
  4. The facility shall be exempt in the case of the fugitive worker, whose labour card has expired, and for whom the facility has a receipt for an old notification of escape issued by the Ministry prior to 2002, that for the period following and not prior to the date of the notification receipt.‎‎‎‎
  5. The facility shall be exempt in the case of the worker whose labour card has expired after he was dismissed by an order or a legislative or administrative resolution from the competent authorities, for the period after and not before his dismissal.‎‎‎‎ ‎‎‎‎If no card was issued for the worker, a late fee shall be paid for the period from entry into the country until the dismissal date.‎‎‎‎ ‎‎‎‎However, if the dismissal was before the issuance of this Ministerial Resolution, the facility shall be exempt of all late fees payable for the non-issuance or renewal of the card.‎‎‎
  6. The facility shall be exempt in the case of a deceased worker or one that suffers from an infectious disease with respect to the fees resulting from the non-renewal of the card for the period following the date of death or proven infection.‎‎‎‎ ‎‎‎‎If no card was issued for the worker from the beginning, a late fee shall be paid for the period from entry into the country until the date of death or the issuance of a medical certificate confirming the disease.‎‎‎
  7. The facility shall be exempt in case of the worker whose card has expired and the Ministry has referred his complaint to the court, for the period following, and not before, the date of referral to court.‎‎‎‎ ‎‎‎‎If the worker had not been issued a card, or if his card had expired, a late fee shall be paid for the period from the date of entry into the country or the date of expiry of the card to the referral date.‎‎‎
  8. The facility shall be exempt in case of the worker whose labour card had expired following a judicial or an administrative resolution to the bankruptcy, liquidation or halting the activity of the facility, where the said worker is serving, for the period following, and not before, the resolution.‎‎‎‎ ‎‎‎‎The decision of the Ministry to stop dealing with the facility, the expiry of the commercial license, its cancellation by the licensing body, or suspending the activity of the facility shall not be considered reasons for exemption.‎‎‎‎ ‎‎‎‎If no card was issued for the worker, a late fee shall be paid for the period from entry into the country until the date of issuance of the said resolution.‎‎‎‎
  9. The facility shall be exempt in the case of the expired labour card in the name of a partner, investor, responsible for a shop or works for himself, provided that his name is registered in the license attaching a copy of a valid residency showing that he is a partner or investor.‎‎‎‎
  10. The facility shall be exempt in case of the worker against whom any of the following is present, and who is still registered in the computer:‎‎‎‎
    • Case of the worker who has been reported in Form (8) regarding the circular for the worker escaping abroad for more than six months and a fine due his labour card has been paid on the date of the report.‎‎‎‎
    • Case of the worker who was dismissed in Form (5).‎‎‎‎
    • Case of the worker whose sponsorship was cancelled by an old cancellation letter issued by the Ministry, who has left the country, and who was not dismissed by Form (5), provided that the departure is proved.‎‎‎‎
    • Case of the worker who has left the country by a departure certificate at least six months ago, and for whom a labour card was not issued or whose labour card was not renewed, provided that the departure was before 23/7/2005.‎‎‎‎
  11. ‎‎The facility shall be exempt in case of the worker who was not issued a labour card or whose labour card had expired for the period before or after receiving the passport of the country.‎‎‎‎

 

Article (2)

‎‎‎‎The heads of the competent administrations and the Directors of the Labour Offices, each in his own jurisdiction, shall approve the exemptions for the cases mentioned in this resolution.‎‎‎‎

 

Article (3)

‎‎‎‎Other cases that are not included in the provisions of this resolution and which can be looked into with respect to the fine payable to the competent administration of Labour Office in preparation for presenting the same to the deciding committee to rule on the possibility of exemption from the fine or not.‎‎‎‎

Article (4)

‎‎‎‎Ministerial Resolution No. (326) for 2006 and any previous resolutions issued on the exemption from fines shall be annulled.‎‎‎‎

Article (5)‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎This resolution is effective as of its date of issuance and shall be followed carefully.‎‎‎‎‎‎‎‎‎

 

‎‎‎‎Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎‎‎

‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Dated 25/6/2006 A.D.‎‎‎‎‎‎‎‎

  • Ministerial Order No. 70 of 1992 on the commandment of the employer to provide a bank guarantee to cover air tickets to absconding laborers at the time of notifying such abscondment, adopted 1992. [CANNOT FIND THIS ONE]

 

Cancellation and Absence from Work

Ministerial Resolution No. 636 of 2008 Regarding the Amendment of Ministerial Resolution No. 707 of 2006

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 of organizing work relationships and the amending laws thereto;

Ministerial Resolution No. (707) for 2006 regarding the procedures and rules of the employment of expatriates in the State;

And based on what was presented by his Excellency the acting Director General of the Ministry;

It was decided:

Article (1)

Adding a new article under No. (fourteen, reiterated) to Ministerial Resolution No. (707) for 2006 which will be as below:

The Directors of Departments of work permits, and Directors of labour offices in the state (each within his respective competence) are authorized to approve granting a new work permit for a worker and to exempt the latter from the signed privation for one year, in the following conditions:

  1. The deprivation effect on the worker under the provisions of Articles (128), (129) of Federal law No. (8) for 1980, as referred to or on the basis of the cases of employment relation termination stipulated in Article (120) of the previous law.
  2. Written consent from the original employer.
  3. Based on the request of a new employer.

In the absence of the manager, his deputy is authorized to substitute him.

 

Article (2)

This resolution shall be effective from the date of issuance, and it shall supersede any law that violates or conflicts with this resolution. It shall be published in the Official Gazette.

Saqr Ghobash

Minister of Labour

Issued in Abu-Dhabi

Dated 15 September 2008

Ministerial Resolution No. 724 of 2006 on the Administrative Cancellation of Sponsorship

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Resolution No. (10) for 2006 A.D. forming the Cabinet of United Arab Emirates;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety and its executive regulation;

Cabinet of Minister Resolution No. (18) for 2005 on the transfer of sponsorship and its executive regulation;

Ministerial Resolution No. (1151) for 2005 on Labour Cards Fine Fees;

Ministerial Resolution No. (1152) for 2005 on Working according to the manual of the settlement procedures for cases of non-issuance of labour cards or the renewal of labour cards;

Ministerial Circular No. (14) for 1995 on deducting out of the balance of the facility workers;

Ministerial Resolution No. (444) for 2006 on the Rules and Procedures for Fees Exemption;

And based on what was presented by the Undersecretary of the Ministry;

It was decided:

Article (1)

a- The sponsorship of the worker shall be cancelled upon the request of the concerned parties and without the consent of the sponsor or the worker, according to the situation, in the following cases and under the following conditions:

  1. If the worker submitted a request to cancel his sponsorship.
  2. If the worker was found unemployed, or if it was proved that he has been unemployed for more than three months and does not have a complaint or claim regarding his labour accruals presented to the Labour Directorate of the competent court.
  3. If it was proved that the worker has been employed for more than six months, during which he had not contacted the Ministry, whether he had a complaint or claim before the Labour Directorate or the competent court or not.
  4. If the business relationship ended prior to the completion of the probation period.

b- The sponsorship shall not be cancelled in the mentioned cases until the following conditions are met:

  1. If the application to cancel sponsorship was not submitted from the employer, he shall be notified to present himself within a week from the notification date to respond to the request and pay the fees if it is due. If he did not come on the seventh working day following the notice, the sponsorship shall be cancelled without referring to him.
  2. If the employer came to respond to the application to cancel the sponsorship within the time constraint given above, and contested that the employee is accused, or wanted in judicial procedures, the competent department shall give him another week to provide the latter with the travel ban order issued by the court or the competent authority. If he failed to provide the ban order within the time given to him, the mentioned department may cancel the sponsorship of the worker without referring to the sponsor.
  3. If the cancellation application was not submitted by the worker, he shall be notified to present himself within a week from the notice date to listen to his dues. If he did not come, his dues will be calculated according to the available data from the competent labour directorate, and his sponsorship shall be cancelled without the necessity to listen to him, preserving his right to all that is due to him, and guaranteeing that he receives the said dues.

Article (2)

The sponsorship shall be cancelled upon the request of the competent authority without the consent of the employer or the worker, and without the need to hear them in the following cases:

  1. If the worker was caught in violation of the conditions of his work permit, or the rules and procedures of working in the country in accordance with the law and the executive resolutions.
  2. If it was proved that the worker has contacted a communicable disease or was dismissed by an order from the competent authority, a court ruling, or in accordance with the rules and procedures of the Department of Labour Inspection in cases other than those mentioned in Article (1) of this Ministerial Resolution.

Article (3)

In all cases mentioned in Articles (1) and (2) above, if there were any fees payable for a delay in the issuance or renewal of the labour card, or if it was payable but not settled by the employer within one week despite asking him to settle it as mentioned in Paragraph b (1) of Article (1) above, and the worker does not desire to settle the same, it shall be transferred to the account of the violating facility. The Ministry may, until the settlement of the requested fees, cease approving any foreign or local work permits submitted by the violating facility and all other facilities owned by the owners, partners or in which they are partners, provided that they do not include any partner whose name was not mentioned in the violating facility. The Ministry may also distress the balance of the banking surety for the mentioned facility or facilities, or take any other action to collect the requested fees in accordance with the law and executive resolutions.

Article (4)

Without prejudice to the above-mentioned, the rules and procedures stipulated in the law and executive resolutions and regulations regarding the facilities that do not settle the obligations held against them shall be implemented.

Article (5)

The heads of the competent departments and the directors of Labour Offices, each in his capacity, shall approve the cancellation without referring to the sponsor, and adopt the resolution to transfer the fees and fines to the account of the facility and suspend the facilities in accordance with the provisions of this Ministerial Resolution.

Article (6)

This resolution is effective after fifteen days from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour

Dated 10 September 2006

Ministerial Resolution No. 721 of 2006 on Escape Reports Procedures 

Ministry of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Decree No. (10) for 2006 A.D. forming the Cabinet of United Arab Emirates;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (19) for 2005 on fees and banking surety;

Federal Law No. (6) for 1973 regarding the entry and residence of foreigners, the executive regulation thereon, and the amending laws thereto;

Ministerial Resolutions No. (570) for 1996, (685) for 1995, and (70) for 1992 escape report;

Ministerial Resolution No. (707) for 2006 on the rules and procedures of working in the country for non residents;

And based on what was presented by the Undersecretary of the Ministry;

It was decided:

Article (1)

An escape report is applied on the case of the worker who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence in accordance with the provisions of this Ministerial Resolution.

Article (2)

The following are necessary to accept the registration of an escape report:

  1. The facility shall complete the data of the escape report form, signing and stamping the attached affidavit, and providing what proves payment of the fine, if due, and the requested banking surety in accordance with the provision of Paragraph (2) below.
  2. The facility requesting the registration of the escape report shall submit a banking surety to the Ministry to the value of 3000 Dirham for each worker it wishes to report, whether the facility was exempt from the general banking surety or not.

Article (3)

If the facility had paid the banking guarantee for each worker, or if its balance of banking sureties was equal to the maximum limit stipulated for the latter, in such cases the request to register the report shall be accepted without asking the same for new guarantees.

Article (4)

The competent employee shall confirm, at his own responsibility, when looking into the request to register an escape report or its cancellation, and that the conditions for an escape report are met in general. An escape report may not be registered in particular in the following cases:

  1. If the concerned worker on whom a report is to be filed had a complaint or labour claim tried before the Ministry or the competent court.
  2.  If the worker was on a sick leave, maternity leave, annual leave, or absent for any other legitimate reason and seven successive days have not passed since the date the mentioned leave or legitimate absence ended.
  3. If the facility is aware of the place where the worker is and the competent officer sees that it is possible to call him and bring him to the Ministry without apprehension.
  4. If the worker was not absent for seven successive days from work or if the conditions mention in Article (1) of this resolution are not met.
  5. If the work relation was terminated for any reason and three months or more have not passed since its termination, whether the worker had a complaint or labour claim before the Ministry or the competent court or not.
  6. If the absence was a result of a force majeure, or an emergency that did not enable the worker from notifying the employer, whether this was immediately after the end of the holidays or while the worker was at work.
  7. If the report was fictitious in accordance with Article (12) of this Ministerial Resolution.
  8.  If the report was malicious in accordance with Article (12) of this Ministerial Resolution.
  9. In any other case if the competent officer is not convinced with the justifications of the application, in this case he shall refer the issue to the Head of Department or Office and follow his written directions.

Article (5)

If the worker was apprehended in a situation violating the conditions of the work permit issued for him, and it was proved that the facility authorized to employ him had not informed the Ministry of his escape or absence from work for more than three months, the worker’s sponsorship shall be cancelled by deprivation and the facility shall be obliged to provide his travel ticket and the payment of the due fine until the date of the cancellation. In addition to moving the facility to Category (c) and obligating the latter to pay ten thousand Dirham as late fines for not amending its status in accordance with the table attached to the Article (5) of the mentioned Ministerial Resolution No. (19) for 2005.

 

Article (6)

If the work relation was continuous and the facility was aware of the escape of the worker and had submitted a request to register the report of his escape after three months or more from the date it find that out, the request will be accepted after the payment of the fine if it was due, or the sponsorship of the worker will be cancelled by deprivation, and the facility shall be obliged to pay ten thousand Dirham for the delay in settling its status in accordance with the table attached to the Article (5) of the mentioned Ministerial Resolution No. (19) for 2005.

Article (7)

The competent officer shall refer the application to register the escape report prior to its registration in the Department of Inspection, and the mentioned department shall take the necessary action against the violators, whether workers or employers in the following cases:

  1. If the escape reports submitted by the facility are repeated within a short period of time, or if the numbers of workers reported missing at one time or in several instances within the same period exceed 25% of the workers it is allowed to employ.
  2. If it was found out that the facility had permitted the worker to look for work or work at others, in violation of the law and the executive resolutions.
  3. If it was found out that the facility had not appointed the worker to the work allowed to him and left him unemployed. The delay made by the facility to report the absence for more than three months is sufficient evidence for that in both cases.

Article (8)

  1. If the worker was absent from work, his place was known, and can only prove his escape through actual apprehension, the facility shall contact the Department of Labour Inspection in its capacity as the competent body in this case.
  2. If it was proved that the facility had not contacted the Department of Labour Inspection in accordance with the provisions of Paragraph (1) for more than three months from the date of the worker’s absence, the provisions of Article (5) above shall be implemented.

Article (9)

  1. The Ministry may cancel the escape report if it was proved that the report was registered in violation to Article (4) of this Ministerial Resolution.
  2. The escape report shall not be cancelled if it was proved that the facility is fictitious, and the competent department in such case shall cancel the sponsorship of the worker as permanent deprivation obligating the facility to pay ten thousand Dirham in late fines for amending its status in accordance with the table attached to the First Article of the mentioned Ministerial Resolution No. (19) for 2005, and impose a ban on the facility and on al other facilities owned by any of the owners or partners in which any of them is a partner, provided that they do not include a partner whose name was not mentioned in the violating facility.
  3. The Ministry, when cancelling the escape report or apprehending the worker in a position violation the conditions of his work permit, shall deprive the worker from working in the state for a minimum of one year if it was proved that he violated the provision of Article (8) of the mentioned Minsterial Resolution No. (707) of 2006.

Article (10)

The Ministry shall refund the banking guarantee to the facility in the following cases:

  1. If the facility submitted proof that the worker had left the country permanently, unless he was deported at the expense of the state.
  2. If three years have passed from the date of the escape circular, or if the work card expired, whichever is later.

In all cases, the banking surety shall not be refunded in case of cancellation or withdrawl of the escape report in accordance with the provisions of this Ministerial Resolution, whether it was done at the request of the employer or the worker.

 

Article (11)

Any worker whose work relation ended in escape, and against whom a final escape circular was issued, shall be permanently deprived from working in the state in accordance with the provisions of this resolution.

Article (12)

  1. If it was proved that the facility abused the escape report procedures to repudiate its obligations toward the worker, and hence the report shall be considered malitious.
  2. If it was proved that the facility abused the escape report procedures to repudiate the payable fees or its obligations under the rules and procedures for foreigners work in the state, and the report shall be considered fictitious.
  3.  If the escape report was fictitious or malicious, the facility shall be obliged to pay ten thousand Dirham in fees for the delay in amending its status in accordance with the table attached to Article (1) of the mentioned Ministerial Resolution No. (19) for 2005. The Ministry may ban the facility and all other facilities owned by any of the owners or partners or in which any of them are partners, provided they do not include a partner whose name was not mentioned in the violating facility, until the requested fee is paid.

Article (13)

Employers shall affirm the validity and accuracy of the information and data presented to the Ministry, whether on the ready forms or other applications. The employer shall bear the criminal liability if it was proved that he was aware of the inaccuracy of the data provided to register the report in accordance with the provision of Articles 216-222 of the Penal Law.

Article (14)

Department Heads at the Ministry in Abu Dhabi and Dubai, as well as the Directors of the competent Labour Offices are authorized to cancel the escape report and implement the procedures on the violating facilities and workers in accordance with the provisions of this Ministerial Resolution and the resolutions, decisions and regulations issued in implementation of the provision of the law.

Article (15)

The competent department shall move the penal procedures in the event of any indication of truth misrepresentation made by anyone when filling any of the forms and applicable applications for the registration of escape reports.

Article (16)

Without prejudice to the criminal liability mentioned above, anyone violating the provisions of this Ministerial Resolution shall be punished according to the penalties stipulated in Federal Law No. (8) of 1980. Also, the rules and regulations mentioned in the resolutions and executive regulations issued in accordance with the provision of Federal Law No. (8) of 1980 shall be applied.

Article (17)

The Undersecretary of the Ministry shall issue the necessary directives and instructions to enforce this Ministerial Resolution.

Article (18)

This resolution is effective after fifteen days from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 11 September 2006

Ministerial Resolution No. 707 of 2006 Regarding the Rules and Procedures of Conducting Business in the State for Non-Citizens

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Resolution No. (10) for 2006 A.D. forming the Cabinet of United Arab Emirates;

Federal Law No. (8) for 1980 in regards to organizing the work relationships, the related resolutions, regulations and the amending laws thereto;

Federal Law No. (6) for 1973 regarding the entry and residence of foreigners, the executive regulation thereon, and the amending laws thereto;

And for the public interest;

It was decided:

Article (1)

Non-citizens are not authorized to work inside the State unless they obtain a permit from the Ministry, according to all applicable regulation and procedures with the exception of the exempt categories under Article 3 of the Federal Law No. 8 of 1980 referred herein.

Article (2)

All non-citizens that are authorized to work in the State shall comply with the work permit restrictions, the employment card and the provisions of this resolution.

Article (3)

The residents of the state, for a reason other than work, are not allowed to have a work relationship at an establishment that is subject to the federal law No. (8) for 1980, unless they obtain a work permit from the Ministry in advance. The shall bear the responsibility of compromising their status at the competent authority as per the Federal Law No. (6) of 1973 regarding the foreigners residence and entry and its related executive regulation.

Article (4)

The non-citizen worker authorized to work shall inform the Ministry as soon as the work relationship with the employer expires for any reason, even if the work card is valid regarding its date, that in a term does not exceed three months from the date of work relation termination.

Article (5)

Without prejudice to the rules of the fourth article mentioned above, the non-citizen worker must report to the Department of Labour Relations or the Inspection Department within three months maximum, and he shall comply with the relevant directives in case of:

  • Shutting down the facility where he is authorized to work, its bankruptcy or suspension of business for any reason.
  • Expiration of work relationship upon a mutual agreement between parties, after concluding the probation period.
  • Termination of work relationship upon resignation.
  • Not joining the work at the authorized work establishment.
  • Termination of the work relation during the probation period.
  • Job abandonment due to employer negligence of his duties, or because being subject to an abuse inflicted on the latter by the employer or his representative.
  • Obtaining his rights for which the competent labour directorate referred him to court, either by a court verdict or amicably.

Article (6)

Those whose employment cards have expired shall inform the Ministry in a period does not exceed three months of the expiration date unless the worker was still working at his workplace in the same establishment, which was authorized to work therein, hence the responsibility falls at this time on the establishment.

Article (7)

Each worker, whose case has been refereed by the ministry to the court shall follow up with the Labour Department in order to notify the latter with the procedures, in a period that shall not exceed six months from the referral date.

Article (8)

The non-citizen shall be considered non-compliant with the federal law No. (8) for 1980 and the laws and procedures that issued under the same, in the following cases:

  1. Working without a permit from the ministry or working at an establishment where he is not authorized to work therein.
  2. If he is a resident for the purpose of work, was unemployed for any reason, and did not inform the Ministry of the incident of his work termination, or that he was unemployed for a period that exceeds three months.
  3. If he did not inform the ministry in a period exceeds six months from the date of the compliant transference to the appropriate court regarding his own rights or obligations.
  4. If his residency was not for work, and was engaged in employment with an establishment that subject to the provisions of Federal Law No. (8) for 1980 without a permit from the Ministry.
  5. If he was apprehended anywhere inside the State in a situation that violated the conditions of his work permit as per the provisions of the law, resolutions, and executive regulations.
  6. If he did not inform the Ministry of what is required of him during the specific period, according to the provisions of this resolution.

 

Article (9)

If the worker requested cancellation of the work permit and leaving the State, hence the appropriate authority shall summon the sponsoring employer to respond on the application in a period that does not exceed seven days from when submitted.

Article (10)

If the sponsor did not come within seven days of the notice or came without providing a reasonable cause to object the cancellation application, the appropriate authority shall annul the permit and the sponsorship without considering his absence or refusal according to the application rules and regulations.

Article (11)

The worker shall not be charged any fees or fines for the cancellation of the sponsorship, work permit or other fees or fines, if he desires to leave the country and initiated a communication with the Ministry for the same during the required time-lines as per the provisions of this resolution.

Article (12)

The Ministry may, in cases that are not included in the twelfth and thirteenth articles, and instead of cancelling the work permit and deporting the worker to his home country, allow the worker based on his approval and the request of a new employer to obtain a new internal or external work permit according to the rules and regulations, provided that the worker has notified the Ministry with the incident of ending his work, within a period that does not exceed three months from the realization of the notification cause.

Article (13)

The ministry is not permitted to issue a new work permit unless after one year from the date of departure for those following cases:

  1. Termination of the work relationship for a reason that belongs to the labour as per the provisions of Article (120) of Federal Law No. (8) of 1980.
  2. Termination or cancellation of the labour residence in the state based on a deportation order issued by the respective authority or according to a court verdict.
  3. Termination of work relationship because of joining legal strike or inciting the same.
  4. Cancellation of the worker’s permit or sponsorship due to a communicable disease or in accordance with the procedures of the Department of Labour Inspection.
  5. The worker’s violation of the rules of Article (8) of this resolution.

Article (14)

The Ministry may issue a work permit to the labour after one year follows the expiration of sponsorship, if the employment was terminated due to his absence from work based on articles (128) and (129) of the law, or because of the termination of the work relation during the probation period as per the rules and regulations considered and provided that the Ministry was notified of the incident of work termination in a period that does not exceed three months.

Article (15)

The Undersecretary of the ministry shall issue the necessary directives and procedures to enforce this resolution.

Article (16)

This resolution is effective from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour

Dated 6 September 2006

 

Ministerial Resolution No. 500 of 2005, on Labor Card Cancellation and Expiry 

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 regarding the regulation of work relationships and the amending laws thereto;

Ministerial Circular No. (14) for 1995 on deducting out of the balance of the facility workers;

And based on what was proposed by the Undersecretary of the labour section;

And for the public interest,

It was decided:

Article (1)

The labour card of the worker who had left the country and has been abroad for six months or more shall be cancelled based on the following conditions:

  1. The employer submits the dismissal request according to the form set for that purpose, and after paying a fee of (200) Dirham for each worker to be dismissed at least 6 months from the date of the worker’s departure.
  2. To provide proof for the worker’s departure from the country according to the statement of the Department of Naturalization and Residency, which is competent to prove the worker’s departure.
  3. The competent employee at the Ministry shall confirm the expiry date of the worker’s labour card, whether through the card or from the Ministry’s database:
    • a- If the card expiry was prior to the worker’s departure out of the country, the fine shall be payable and the employer is obliged to pay the set fine.
    • b- If the card expiry was after the worker’s permanent departure and while the worker was abroad, the card shall be cancelled without fine.

 

Article (2)

Items First and Second of Part two shall be cancelled – legal and exceptional cases of Ministerial Circular No. (14) for 1995 on deducting from the balance of workers at the facility and any previous instructions contrary to what is mentioned in the resolution.

Article (3)

This resolution is effective as of its issuance date and it shall be followed carefully.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 13 July 2005

 

 

Punishments and Penalties

‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎ Cabinet of Ministers Resolution No. 10 of 2012 to amend some Provisions of Cabinet of Ministers Resolution No. 27 of 2010 Regarding Fees and Fines on Services Provided by the Ministry of Labour

The Cabinet of Ministers:

After reviewing the Constitution,

Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎Federal Law No. (8) for 1980 regarding organising the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎

Federal Law No. (1) for 2011 A.D. regarding the general revenues of the state;

‎‎Cabinet of Ministers Resolution No. (27) for 2010 A.D. regarding fees and fines for services provided by the Ministry of Labour as amended;

‎‎‎Based upon what was presented by the Minister of Finance and approved by the Minister of Labour and the Cabinet of Ministers;

It was decided:

Article (1)

The following tables substitutes table “Eighth (Administrative Fines)” mentioned in Article (1) of the Cabinet of Ministers Resolution No. (27) for 2010 A.D. regarding fees and fines on services provided by the Ministry of Labour as amended:

Eighth: Administrative Fines

ParagraphDescription of the violationValue of the fine per category (in Dirham)
1Issue or renew a labour card 60 days after the date of entry or the date of expiry of the card.1000 per month or part thereof of delay
2Issue a work mission card 30 days after the date of entry.100 per day of delay
3Renew a mission card 7 days after the expiry date.100 per day of delay
4Fictitious nationalismTwenty thousand per worker

 

ParagraphDescription of the violationValue of the fine per category (in Dirham)
5Entry of incorrect information in the wages protection scheme for the purpose of evading or circumventing the provisions of this regulation.Twenty thousand per case
6Non-payment of wages payable to the worker for 60 days or moreFive thousand per worker to a maximum of fifty thousand in case of several workers
7Signature of workers on false documents to the effect of receiving their accrualsFive thousand per worker to a maximum of fifty thousand in case of several workers
8The residence does not fully conform to the approved standards in this respectTwenty thousand per case regardless of the number of workers
9Not using, appointing, or assigning the worker to work for more than two monthsTwenty thousand per worker
10Holding the worker responsible for the recruitment and employment fees stipulated at the Ministry and the entities responsible for recruitment, deducting or withholding from the worker’s pay without legal basisTwenty thousand per case
11Not abiding by the procedures for employing citizensTwenty thousand per case
12Not responding to summons from the Ministry pertaining to work affairs during the times specified by the ministerTwenty thousand per case
13Not taking the procedures necessary to register an escape report against the escaped worker in accordance with the procedures on the matterTwenty thousand per worker
14Submit a malicious or false escape reportTwenty thousand per worker
15Violate the decision banning work at noonFifteen thousand per case
16Provide incorrect documents or data to the MinistryTwenty thousand per case
17Not subscribing to the wage protection schemeTen thousand per case
18Not adhering to the occupational health and safety standards or not following the procedures set to avert threats to occupational health and safety.Ten thousand per case
19Not informing the ministry of work injuries, professional illness or the death of the workerTen thousand per case
ParagraphDescription of the violationValue of the fine per category (in Dirham)
20Not removing the violation of housing standards within the time specified by the ministry.Ten thousand per case
21Any other cases including not abiding by the law regulating work relationships or the decisions issued according to it and not included in this table (a cabinet decision shall be issued for these cases)The value of the fine shall be determined per case

 

Article (2)

The following text shall substitute Article (6) of Cabinet of Ministers Resolution No. (27) for 2010 A.D. regarding fees and fines on services provided by the Ministry of Labour as amended:

Article (6):

This Resolution shall be published in the Official Gazette and its provisions shall be implemented as follows:

  • With respect to nationals fishing boats establishments, as of 1/2/2011 A.D.
  • With respect to the remaining establishments, as of 1/1/2011 A.D.
  • With respect to Eighth “Administrative Fines” mentioned in Article (1), it shall be put into force as follows:
    1. Paragraphs (1, 2 and 3), as of 1/1/2011 A.D.
    2. Paragraphs (4 to 21), as of 1/8/2012 A.D.

 

Article (3)

Any provision in violation with or contradicts the provisions of this Resolution shall be null and void.

 

Article (4)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

 

Mohammed Bin Rashid Al Maktoum

Prime Minister

 

Corresponding to 01/May/2012 A.D.

 

Ministerial Resolution No. 256 for 2010 on Statutes and Regulations for Penalties

The Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers;

Federal Law No. (8) for 1980 regarding the regulation of work relationships and the amending laws thereto;

And as required in the interest of labour,

It was decided:

Article (1)

The employers who employ fifteen workers or more must:

Establish a statute and a list of penalties without prejudice to the provisions and regulations stipulated in the law regulating work relationships, the resolutions issued in its implementation, and the provisions of this Resolution. They may, for that purpose, be guided by the Labour Statute and List of Sanctions attached to this resolution.

Display the statutes and list of sanctions, after ratification by the Ministry of Labour, in a visible location at the workplace in Arabic and another language spoken by the employees if necessary.

Article (2)

The statutes must address daily work hours, weekends, holidays, and the measures and precautions that should be taken into consideration to avoid work injuries and fire risks.

 

Article (3)

The list of sanctions must include the sanctions that can be applied to the employees in violation, the conditions and cases of their implementation, in addition to the adherence with the provisions mentioned in this respect as stipulated by the law regulating work relationships.

 

Article (4)

Employers should submit the statute and list of sanctions and any amendments thereto to the Ministry of Labour for ratification and implementation.

 

Article (5)

The Undersecretary of the Ministry shall be assigned to prepare the work plan, certification mechanisms for the statutes and lists of sanctions submitted by the establishments to the Ministry, and form committees for such purposes.

 

Saqr Ghobash

Minister of Labour

Issued by us in Abu Dhabi

Date: 30/3/2010

 

 

Ministerial Resolution No. 255 of 2010 for Sub-Contracting Construction Contracts

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers;

Federal Law No. (8) for 1980 regarding the regulation of work relationships and the amending laws thereto;

Federal Law No. (5) for 1985 and the amendments thereto regarding civil transactions;

Ministerial Resolution No. (496) for 2002 regarding construction contracts and sub-contracting;

And in the interest of labour;

It was decided:

Article (1)

Definitions:

In the implementation of the provisions of this Resolution, the following words and phrases shall have the following definitions unless otherwise specified in the context:

Ministry: The Ministry of Labour

Local Authorities: Economic Development Directorates and Municipalities.

Contracting: A contract signed between a project owner and a contractor, wherein the latter pledges to manufacture something or perform work in exchange for the compensation promised by the former.

Subcontracting: A contract signed between the primary contractor and a secondary contractor, wherein the latter pledges to perform work for the former in exchange for the promised compensation, with the approval of the project owner.

Sub-subcontracting: A contract concluded between the subcontractor and another subcontractor, under which the latter pledges to perform work for the former in exchange for the promised compensation, with the approval of the primary contractor or the project owner.

The Competent Department: The Department of Labour Inspection at the Ministry.

The Activity in Question: Construction Activity or any other activity specified by the Ministry.

 

Article (2)

The project owner may conclude a contractual agreement with an primary contractor whereupon the latter pledges to manufacture something or perform work, and the primary contractor may assign all or some of the jobs assigned to him to a subcontractor under a subcontracting agreement, and the subcontractor may assign all or some of the jobs assigned to him to a sub-subcontractor.

In all cases, subcontracting is not permitted if prevented by a stipulation of the contract or if the agreement depends on the personal sufficiency of the primary contractor.

 

Article (3)

No person may employ any worker, under any capacity, unless that employment is in accordance with the rules and regulations in force and approved by the Ministry.

 

Article (4)

The contracting agreement or subcontracting agreement must be written in Arabic. In the event of the presence of a foreign language in addition to the Arabic, the Arabic text shall be the officially recognized text.

 

Article (5)

The subcontracting agreement must include a description of the subject of the contract, showing its type, value, method of execution, phases of execution if any, the necessary duration for completion, the beginning and end, and method of payment.‎‎‎

 

Article (6)

The subcontractor must be licensed to practice the activities in the contracting agreement in accordance with the terms and details of the license to practice the activity, which shall be in agreement with the contracting works for implementation, taking into account the type and significance of the activity.‎‎‎

 

Article (7)

The primary contractor and subcontractor shall be liable alone for their workers who are carrying out the job at the site, with respect to all commitments as stipulated in the law regulating work relationships and the work contracts signed between the two parties, without extending the liability to the project owner, as these workers do not work under the supervision and authority of the latter.‎‎‎

 

Article (8)

In case the primary contractor assigns all or part of his works to a subcontractor, the former shall be prohibited from applying for work permits for workers to work on the same subcontracted works.

 

Article (9)

If the Ministry becomes aware of the presence of any manipulation of information in the contracts submitted to it, for example: if the contracts contain falsified data, the labour force is found to have been hired by illegal means, or the use of a fictitious subcontracting contract, the issuing of any new work permits to the establishment where the violation took place shall be halted, referring all those responsible for the said violation to the competent authorities to take punitive measures. The suspension shall continue until the case is settled or for the period specified by the Ministry.

 

Article (10)

Ministerial Resolution No. (496) for 2002 is null and void, as is any other resolution contrary to or inconsistent with the provisions of this Resolution.

 

Article (11)

The contract shall be revised and the authenticity of the signatures shall be verified in accordance with the Undersecretary of the Ministry’s decision in this respect.

 

Article (12)

The Undersecretary of the Ministry shall issue any decrees necessary to implement the provisions of this resolution, including the review procedures and verification of the authenticity of contracts.

 

Article (13)

This Resolution shall be published in the Official Gazette and shall be put into force as of its publication date.

 

Saqr Ghobash

Minister of Labour

Issued by us in Abu Dhabi

Date: 30/3/2010

 

Ministerial Resolution No. 589 of 2007

Minister of Labour: ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎Federal Law No. (21) for 2001 on Civil Service in the Federal Government and its statute;‎‎

‎‎‎‎‎‎‎‎‎‎Federal Decree No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships; ‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety; ‎‎‎‎‎‎‎‎

‎‎‎Ministerial Resolution No. (851) for 2001 to Halt Dealing with Violating Facilities; ‎‎‎

‎‎‎‎‎‎It was decided:

 

‎‎‎‎‎‎‎Article (1)

‎‎‎‎‎‎Without prejudice to the provisions of Ministerial Resolution No. (851) for 2001 regarding ceasing to deal with violating facilities, the provisions of Articles (1) and (2) of the Fifth Article of the same Resolution shall be amended, and the procedures mentioned in the table below shall be implemented:‎‎‎‎‎‎

‎‎‎‎S‎‎‎‎‎‎‎‎‎‎Violation‎‎‎‎‎‎‎‎‎‎‎‎State of Facility‎‎‎‎‎‎‎‎‎‎‎‎First Time‎‎‎‎‎‎‎‎‎‎‎‎Second Time‎‎‎‎‎‎‎‎‎‎‎‎Third Time‎‎‎‎‎‎
1‎‎‎‎‎‎Employing a worker who entered the country illegally‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 3 years and transfer all facilities of the owner to Category (C) for 6 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for one year‎‎‎‎‎‎
2‎‎‎‎‎‎Employing a worker who has been reported as a fugitive‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 9 months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 6 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 6 months‎‎‎‎‎‎
3‎‎‎‎‎‎Employ a worker sponsored by another facility belonging to the same sponsor, or leaving the worker to work for others without permission from the Ministry‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 6 months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
4‎‎‎‎‎‎Employ a worker who has a work permit issued from the free zones or the like‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 6 months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 6 months‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎

 

 

 

‎‎‎‎S‎‎‎‎‎‎‎‎‎‎Violation‎‎‎‎‎‎‎‎‎‎‎‎State of Facility‎‎‎‎‎‎‎‎‎‎‎‎First Time‎‎‎‎‎‎‎‎‎‎‎‎Second Time‎‎‎‎‎‎‎‎‎‎‎‎Third Time‎‎‎‎‎‎
5‎‎‎‎‎‎Employ a worker on a personal sponsorship (domestic help or the like) and all those who enter the country with an entry permit issued by the Department of Naturalization and Residency and who are not permitted to work and those on their sponsorship‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for Six months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
6‎‎‎‎‎‎Employ a worker on the sponsorship of a government or local establishment or authority without the approval of the Ministry of Labour‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 6 months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
7‎‎‎‎‎‎Employ a worker in the country with a visitor, travel, or transit visa‎‎‎‎‎‎‎‎‎‎‎‎Category A – B:‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for 6 months‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop and transfer the violating facility to Category (C) for two years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎
‎‎‎‎‎‎Category (C):‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for one year‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for two years‎‎‎‎‎‎‎‎‎‎‎‎Stop the violating facility for 3 years and transfer all facilities of the owner to Category (C) for 3 months‎‎‎‎‎‎

 

‎‎‎‎‎‎‎Article (2)

‎‎‎It is important to consider implementing the provisions of Article (174) of Federal Law No. (8) for 1980 regarding organizing the work relations with respect to writing a report to prove a violation and send it to the Labour Office in order to take the necessary procedures toward the violation.‎‎‎‎‎‎

 

‎‎‎‎‎‎‎Article (3)

‎‎‎‎‎‎General Provisions:‎‎‎‎‎‎

‎‎‎‎The violating facilities and violators shall be referred to the competent authorities for the necessary legal actions against them.‎‎‎‎‎

In addition to the procedures that should be taken against the violators under this Decision, the Department of Nationality and Residency shall be addressed regarding the sponsored people via the Ministry of Interior. They shall be apprehended working at the private sector even if the facility was fully owned by the sponsor or in which he is a partner to take the appropriate action against them and against their sponsored.‎‎‎‎‎‎

In addition to the procedures in this Resolution, the Department of Nationality and Residence shall be addressed with respect to the investor or non-national license holders in the event of apprehending a violating worker working for them, allowing a worker to work for others, or working for others to take the necessary action. ‎‎‎‎‎

The Ministry may cancel the work permit of a foreign worker who shall be directly responsible for employing violating workers in the cases shown in this Decision once proved.‎‎‎‎‎‎

A decision by the Undersecretary may cancel the facility card if the violation was reiterated more than three times according to the violations table.‎‎‎‎‎‎

In the event the worker escapes from the facility during the inspection, the facility shall be obliged to apprehend him and prove his identity, and if it does not, the facility shall be treated as having employed a violating worker and shall be subject to the mentioned procedures in Paragraph Three of the table annexed to the same resolution.‎‎‎‎‎

In addition to the procedures that need to be taken regarding the violators under the same resolution, the Ministry shall have the right not to issue any work permit for at least one year for those entering the country on a visitor, tourist, or transit visa in the event they are apprehended working without a permit from the Ministry of Labour.‎‎‎‎‎‎

It is not considered a violation to employ the worker in another facility (whether in the same Emirate or not) owned by the same sponsor.‎‎‎‎‎‎

Stopping, according to the provisions of the Resolution, means suspending the issuance of work permits or sponsorship transfer permits to the facility.‎‎‎‎‎‎

It should be taken into consideration when transferring the owner’s facilities to Category (c) that its records do not include the name of an owner or a partner whose name was not mentioned in the record of the violating facility (partnership unit).‎‎‎‎‎‎

The heads of the Department of Labour Inspection in Abu Dhabi and Dubai shall take the set procedures in the event of violations as per Article One.‎‎‎‎‎‎

 

Article (4)

‎‎‎‎‎‎‎‎This decision shall be effective as of 1/10/2007 A.D., and all competent workers shall implement it each in his own scope of work.‎‎‎‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎Dr. Ali Abdullah Al-Kaabi‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎‎

Dated 17 September 2007

 

Ministerial Resolution No. 851 of 2001 on Ceasing to Deal with Violating Facilities

Minister of Labour and Social Affairs‎‎‎:‎‎‎‎‎

‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎Cabinet of Ministers Resolution No. (3) for 1977 on the regulation for recruiting
and using foreign workers;‎‎‎‎‎

‎‎‎‎‎Cabinet of Ministers Resolution No. (16/16) for 1981;‎‎‎‎‎

‎‎‎‎‎Cabinet of Ministers Resolution No. (14) for 2001 on banking surety;‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Resolution of the Supreme Committee of Labour Affairs in its fifth meeting held on 26/6/1997;‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎The meeting of the Supreme Committee of Labour Affairs No. (38) on 6/10/2001 A.D.‎‎‎;

‎‎‎‎‎‎‎‎‎‎‎‎‎‎It was decided:‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎Article (1)‎‎‎‎‎

‎‎‎‎‎For the purposes of this regulation, the following statements shall have the meanings given to each of them, unless otherwise required by the context..‎‎‎‎‎

‎‎‎‎‎The Facility:‎‎‎‎‎ ‎‎‎‎‎Means the employer, sponsor, services agent, or all of them according to the case.‎‎‎‎‎

‎‎‎‎‎Banning the Facility:‎‎‎‎‎ ‎‎‎‎‎Means not granting the facility any new work permit, or transferring a sponsorship to the latter. The suspension may include all its active branches in the state.‎‎‎‎‎

‎‎‎‎‎Complete suspension:‎‎‎‎‎ ‎‎‎‎‎Means not granting the violating facility or any facility owned by the same or in which it is a partner any new work permit, transferring a sponsorship to it, or opening a new facility card.‎‎‎‎‎

‎‎‎‎‎Settlement of Restriction:‎‎‎‎‎ ‎‎‎‎‎Means completing the procedures necessary to amend the labour situation at the facility, pay fees, or meet the necessary obligations in any other way.‎‎‎‎‎

‎‎‎‎‎Work License:‎‎‎‎‎ ‎‎‎‎‎Means the work license mentioned in Article (13) of the Federal Law
No. (8) for 1980 on organizing the work relationships and the amending laws thereto ‎‎‎‎‎

 

‎‎‎‎‎Article (2)‎‎‎‎‎

‎‎‎‎‎a- Dealing with facilities in violation of the Federal Law No. (8) for 1980, the amending laws thereto, and the resolutions, regulations and orders issued in its implementation, as well as the related laws shall cease in accordance with the provisions of this resolution.‎‎‎‎‎

‎‎‎‎‎b- All arrangements and procedures mentioned in the Ministerial Resolutions in effect at the time of issuance of this regulation shall remain in force and effective unless it is explicitly stated that they shall be voided or amended in the articles
mentioned here.‎‎‎‎‎

 

‎‎‎‎‎Article (3)‎‎‎‎‎

‎‎‎‎‎The procedures mentioned in this resolution shall be implemented without prejudice to the penal procedures explained in the annexed table.‎‎‎‎‎

 

‎‎‎‎‎Article (4)‎‎‎‎‎

‎‎‎‎‎Dealing will be ceased with the facilities in accordance with this Resolution without any liability to the Ministry in that respect, even if it assigned projects to them, provided that the Ministry informs the Ministries, Project Committees, competent directorates, and other authorities concerned with the cease, in accordance with the form prepared for that purpose.‎‎‎‎‎

 

‎‎‎‎‎Article (5)‎‎‎‎‎

‎‎‎‎‎Dealing will be ceased with the facilities in accordance with the following regulations and procedures:‎‎‎‎‎

‎‎‎‎‎Number‎‎‎‎‎‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎‎‎‎Type of Action‎‎‎‎‎
1‎‎‎‎‎Using a worker sponsored by others‎‎‎‎‎‎‎‎‎‎Banning the facility upon affirmation of the violation and notifying the competent authorities according to the penalty mentioned in the Naturalization and Residency Law. The suspension shall not be lifted for three months from the date of settling the restriction.‎‎‎‎‎
2‎‎‎‎‎The unemployment of a worker sponsored by the facility or working for others without reporting him.‎‎‎‎‎‎‎‎‎‎Banning the facility and its branches upon affirmation of the violation along with notifying the competent authorities. The suspension shall be lifted only after three months from the date of settling the restriction.‎‎‎‎‎
3‎‎‎‎‎Facilities closed with sponsored workers‎‎‎‎‎‎‎‎‎‎Complete suspension upon affirmation of the violation. The suspension shall not be lifted for six months from the date of settling the restriction.‎‎‎‎‎
4‎‎‎‎‎Not providing the requested banking surety or deducting its value from the worker’s salary or allocations.‎‎‎‎‎‎‎‎‎‎a- Banning the facility.‎‎‎‎‎

‎‎‎‎‎b- Banning the facility without renewing the labour cards, if the surety was requested for the renewal. The suspension shall stay in force as long as the violation exists, and the facility shall bear all the responsibilities arising therefrom.‎‎‎‎‎

‎‎‎‎‎(the suspension shall be lifted upon submitting the requested banking surety)‎‎‎‎‎

5‎‎‎‎‎Not taking the necessary procedures to cancel the labour permit upon the termination of the work relation.‎‎‎‎‎‎‎‎‎‎Suspend the facility until removing the violation.‎‎‎‎‎
6‎‎‎‎‎Exceeding the time limitation for renewing labour cards.‎‎‎‎‎‎‎‎‎‎Suspend the facility and its branches upon the expiry of the deadline, and the facility shall bear the responsibility arising under the laws. The suspension shall not be lifted for three months from the date of removing the violation and settling the restriction.‎‎‎‎‎
7‎‎‎‎‎Violating summoning orders to the Ministry or the removal of violations.‎‎‎‎‎‎‎‎‎‎Suspend the facility and its branches in the country completely, and the suspension shall be lifted only after six months from the date of settling the restriction.‎‎‎‎‎
8‎‎‎‎‎Non-payment of the salaries of workers regularly or violating the related settlement terms.‎‎‎‎‎‎‎‎‎‎Suspend the facility and its branches provided that the necessary action is taken to withdraw the work permit awarded to the facility if the violation is repeated.‎‎‎‎‎ ‎‎‎‎‎(the suspension shall be lifted by a decision from the Undersecretary)‎‎‎‎‎
9‎‎‎‎Stopping work or closing the facility in violation of Article (155) of Law 17 and Council Resolution No. 11/1982 if it was proved that the facility caused it.‎‎‎‎‎‎‎‎Banning the facility and its branches, which shall continue, as long as the violation persists.‎‎‎‎
10‎‎‎‎Failure to remove violations or take measures to protect workers from the hazards of work or guarantee levels of health and occupational safety.‎‎‎‎‎‎‎‎Banning the facility and its branches, which shall continue, as long as the violation persists.‎‎‎‎
11‎‎‎‎Failure to report an occupational accident or death.‎‎‎‎‎‎‎‎Suspend the Facility.‎‎‎‎
12‎‎‎‎The facility’s failure in taking an action to prevent serious hazard to the health and safety of workers.‎‎‎‎‎‎‎‎‎a- Banning the facility.‎‎‎‎‎

‎‎‎‎b- Take the necessary measures to close down the facility with the speed necessary for the hazard.‎‎‎‎

 

‎‎‎‎

Article (6)‎‎‎‎

‎‎‎‎It is not permitted to open a new facility card if the facility had an expired license with sponsored workers, unless it was proved that the facility still exercises its activity or if the facility owner has settled the restrictions at the Ministry.‎‎‎‎

 

‎‎‎‎Article (7)‎‎‎‎

‎‎‎‎It is permitted to stop dealing with any facility in accordance with the provisions of this regulation if it was proved that the facility is guilty of committing a violation against any of the provisions of the Federal Law No. 8/1980 on organizing work relations, amending laws thereto, and the resolutions and regulations implementing it.‎‎‎‎

 

‎‎‎‎Article (8)‎‎‎‎

‎‎‎‎If the facility was suspended for more than three months from the date the violation was proved, or if it committed a similar violation before a year had passed since the suspension decision for the first violation, hence a complete suspension must be imposed against it.‎‎‎‎

 

‎‎‎‎Article (9)‎‎‎‎

‎‎‎‎When it had exercised the summons, orders, and procedures mentioned in this decision, the Ministry shall be considered to have exhausted all means to amend the situations mentioned in Article (186) of Law No. (8) for 1980 and the amendments thereto, and shall be obliged to take the necessary penal actions against the violating facilities. ‎‎‎‎

 

 

‎‎‎‎‎‎Article (10)‎‎‎‎‎‎

‎‎‎‎Without prejudice to Article (8) above, the Ministry shall need to take penal action particularly in the following cases:‎‎‎‎

‎‎‎‎In case of failure to report occupational accidents.‎‎‎

If another law stipulated that they should be taken.‎‎‎‎

If the violation persists after exhausting the actions stipulated in this resolution.‎‎‎‎

 

‎‎‎‎Article (11)‎‎‎‎

‎‎‎‎Dealing shall be suspended or lifted based on a written report on the situation prepared by the Directorate of the competent Labour Office. The Inspection Directorate at the Ministry Offices in Abu Dhabi and Dubai and their branches at the Labour Office, according to speciality, shall be responsible for suspending dealings or lifting the said suspension.‎‎‎‎

‎‎‎‎

Article (12)‎‎‎‎

‎‎‎‎The suspension shall be lifted off the violating facility in accordance with the following terms and conditions:‎‎‎‎

‎‎‎‎a- The facility submits an application, after settlement of restrictions, to the Labour Inspection Directorate or its various branches to lift the suspension.‎‎‎‎

‎‎‎‎b- The facility shall be inspected, and the Labour Inspection Directorate and its various branches shall refer the application with the inspection report to the competent directorate that ordered the suspension to advise in writing in order to lift or continue the suspension.‎‎‎‎

‎‎‎‎c- After that the application shall be referred to the Labour Inspection Directorate to inform the facility of the decision.‎‎‎‎

 

‎‎‎‎Article (13)‎‎‎‎

‎‎‎‎‎‎This resolution is effective as of the date of its publishing in the Official Gazette, and all the concerned officials must implement the same, each in his own capacity. ‎‎‎‎‎‎

 

‎‎‎‎‎‎‎Matar Humaid Al-Tayer‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎Penal sanctions stipulated for the violations under the laws and resolutions in force‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎(The table attached to Ministerial Resolution No. (851) for 2001‎‎‎‎‎‎‎‎‎‎)

 

‎‎‎‎‎Number‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Violation‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Penal Sanction‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Law or Ministerial Resolution‎‎‎‎‎‎‎‎‎‎
1‎‎‎‎‎Using a worker sponsored by others‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for six months and a fine of (10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal law No. (6) for 1973 on the entry and residence of foreigners.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎
2‎‎‎‎‎‎‎‎‎The unemployment of a worker sponsored by the facility or working for others‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for six months and a fine of (10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal law No. (6) for 1973 on the entry and residence of foreigners.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎
3‎‎‎‎‎‎‎‎‎Facilities closed with sponsored workers‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for six months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Law No. (8) for 1980 in regards to organizing the work relationships. ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎
4‎‎‎‎‎‎‎‎‎Not providing the banking surety or deducting its value from the worker’s income‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for six months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Law No. (8) for 1980 on organizing the work relationships and the Ministerial Resolution No. (14/2001).‎‎‎‎‎‎‎‎‎
5‎‎‎‎‎‎‎‎‎Not cancelling the work permit‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 3 months and a fine (one thousand Dirham) or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (3) for 1977.‎‎‎‎‎‎‎‎‎
6‎‎‎‎‎‎‎‎‎Not renewing the labour card‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Fine from (500 to 2,000 Dirham)‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (17/1977).‎‎‎‎‎‎‎‎‎
7‎‎‎‎‎‎‎‎‎Violation of summoning orders or the removal of violations‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 6 months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Law No. (8) for 1980.‎‎‎‎‎‎‎‎‎
8‎‎‎‎‎‎‎‎‎Non-payment of the salaries of workers regularly or violating the related settlement terms‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 6 months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980.‎‎‎‎‎‎‎‎‎
9‎‎‎‎‎‎‎‎‎Causing the suspension of work or the closing of the facility.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 6 months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980.‎‎‎‎‎‎‎‎‎
10‎‎‎‎‎‎‎‎‎Failure to remove violations or take measures to protect workers from the hazards of work / guarantee levels of health and occupational safety, or prevent a serious hazard.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 6 months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980.‎‎‎‎‎‎‎‎‎
11‎‎‎‎‎‎‎‎‎Failure to report an occupational accident or death‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Imprisonment for 6 months and a fine from (3,000 to 10,000) Dirham, or either punishment.‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980.‎‎‎‎‎‎‎‎‎

 

Ministerial Resolution No. 28/1 of 1981 on Issuing the Model Regulation for Sanctions to Guide Employer in Setting the Sanctions Regulations for their Facilities

Minister of Labour and Social Affairs:‎‎‎‎‎‎‎

‎‎‎After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 A.D. in regards to organizing the work relationships; ‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎And based on what was presented by the Undersecretary of the Ministry;‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎It was decided:‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Article (1)‎‎‎‎‎‎‎

‎‎The employers are guided by the attached model regulation for sanctions in preparing the sanctions regulations to be applied on workers at their facilities.‎‎

 

‎‎‎‎‎‎‎Article (2)‎‎‎‎‎‎‎

‎‎Every employer must present to the competent labour directorate at the Ministry of Labour and Social Affairs the sanctions regulation he proposes to implement on workers at his facility for approval by the mentioned directorate prior to putting it into force.‎‎ ‎‎He shall also approve any amendments that may be introduced to this regulation prior to the implementation of the said amendments.‎‎

 

 

‎‎‎‎‎‎‎Article (3)‎‎‎‎‎‎‎

‎‎Every employer must hang, in a visible location at the work place, the sanctions regulation after ratification by the competent labour directorate in Arabic and another language understood by the worker if necessary.‎‎

 

‎‎‎‎‎‎Article (4)‎‎‎‎‎‎

‎‎This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.‎‎

 

Seif Ali Al-Jarwan‎‎‎‎‎‎

‎‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎‎

 

‎‎Model sanctions regulation‎‎

‎‎‎‎‎Type of Violation‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎1- Violation related to working hours:‎‎
‎‎1- Delay in arriving to work for up to 15 minutes without an acceptable excuse or justification (if the delay did not result in delaying the work of others).‎‎‎‎Written notice‎‎‎‎10% deduction from daily wages‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation it shall be treated as a first violation.‎‎
‎‎2- Delay in arriving to work for up to 15 minutes without an acceptable excuse or justification (if the delay resulted in delaying the work of others).‎‎‎‎10% deduction from daily wages‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎2- If the same violation was repeated more than four times within six months from the date of the first violation, the penalty for the fifth violation and above shall be double the penalty for the fourth violation, to a maximum of five days.‎‎
‎‎3- Delay in arriving to work for more than 15 minutes without an acceptable excuse or justification (if the delay did not result in delaying the work of others).‎‎‎‎10% deduction from daily wages‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎4- Delay in arriving to work for more than 15 minutes without an acceptable excuse or justification (if the delay resulted in delaying the work of others).‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎
‎‎5- Delay in arriving to work for more than 30 minutes and up to 60 minutes without an acceptable excuse or justification (if the delay did not result in delaying the work of others).‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of two days pay‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation it shall be treated as a first violation.‎‎
‎‎6- Delay in arriving to work for more than 30 minutes and up to 60 minutes without an acceptable excuse or justification (if the delay resulted in delaying the work of others).‎‎‎‎Deduction of three quarters day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎‎‎2- If the same violation was repeated more than four times within six months from the date of the first violation, the worker may be fired with a termination bonus.‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎7- Delay in arriving to work for more than one hour without an acceptable excuse or justification weather the delay resulted in delaying the work of others or not.‎‎‎‎The worker may be prevented from entry and shall be considered absent without permission, or he may be allowed entry, provided that he is deprived from the pay of the hours of delay, in addition to the penalty stipulated for absence without permission for the first time.‎‎‎‎3- With respect to violation No. 9, if he had left work before the end of working hours by more than one hour, the worker may be deprived of his pay for this hour, in addition to the penalty stipulated for absence without permission for the first time.‎‎
‎‎8- Absence without permission or acceptable excuse.‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎
‎‎With depriving the worker of his pay for‎‎

‎‎the days of absence.‎‎

‎‎9- Leaving work or departing before the end of working hours without permission or acceptable excuse.‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎
‎‎10- Staying at the work place or returning to it after working hours without permission or acceptable excuse.‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎4- The worker should be warned in writing when punishing him for committing a violation for the fourth time that he will be fired if he committed the same violation for a fifth time within six months from the date of the fourth violation.‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎b- Violations related to the employment system:‎‎
‎‎11- Leaving from other than the allocated exit if the facility instructions require that.‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation of the same type it shall be treated as a first violation.‎‎
‎‎12- Receiving visitors other than facility workers at the work place without permission from the administration.‎‎‎‎The same penalty as the previous violation‎‎‎‎2- If the same violation was repeated more than four times within six months from the date of the first violation, the penalty shall be to dismiss the worker with a termination bonus except for violations Nos. (13, 14, 15, 16, and 17).‎‎
‎‎13- Talking and chatting in a matter not related to work, if it resulted in delaying work.‎‎‎‎The same penalty as the previous violation‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎14- Reading during work in matters that are not related to work, if it resulted in delaying work.‎‎‎‎The same penalty as the previous violation‎‎‎‎The penalty for the fourth time shall be doubled to a maximum of 5 days.‎‎
‎‎15- Eat in other than the specified place or time‎‎‎‎The same penalty as the previous violation‎‎
‎‎16- Sleeping during work.‎‎‎‎Deduction of a quarter day pay‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎3- The worker should be warned in writing when punishing him for committing a violation for the fourth time that he will be fired if he committed the same violation for a fifth time within six months from the date of the fourth violation.‎‎
‎‎17- Workers loitering or being present in other than their places of work during working hours.‎‎‎‎The same penalty as the previous violation‎‎
‎‎18- Entry of publications or printed matter and distributing them without permission.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎
‎‎19- Collection of money or assistance without permission.‎‎‎‎The same penalty as the previous violation‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎20- Using the facility phone for personal matters without permission.‎‎‎‎The same penalty as the previous violation‎‎
‎‎21- Not notifying the change of social status and place of residence within a maximum of one week without an acceptable excuse.‎‎‎‎The same penalty as the previous violation‎‎
‎‎22- Writing data or statements, or sticking advertisements on the walls of the facility or other places within the work place without permission.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation of the same type. it shall be treated as a first violation.‎‎
‎‎23- Handing in the daily labour card after his colleagues without an acceptable excuse.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎24- Make false claims against supervisors and colleagues which lead to delaying work.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎‎‎2- If the violation was repeated more than four times within six months from the date of the first violation, firing the worker with a termination bonus for the violations the penalty for which is firing after the fourth time.‎‎
‎‎25- Violating the instructions pertaining to proving the stamp of the worker’s daily card when attending and leaving, or manipulating that.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of three days pay‎‎
‎‎26- Violation pertaining to not following work orders.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎
‎‎27- Deliberate reduction of production.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎
‎‎28- Wasteful consumption of raw materials without acceptable cause.‎‎‎‎Deduction of half a day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎29- Violating the implementation of work related instructions provided that the instructions are in Arabic with another language understood by the workers and are displayed in a clear place.‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎‎‎Dismissal without termination bonus‎‎‎‎3- The worker should be warned in writing when punishing him for committing a violation for the fourth time that he will be fired if he committed the same violation for a fifth time within six months from the date of the fourth violation.‎‎
‎‎30- Incitement to violate orders or instructions related to work and workers safety if they were hung in a clear place in Arabic as well as another language understood by the worker, or if he was informed of it if he was illiterate.‎‎‎‎Deduction of 5 days pay‎‎‎‎Dismissal in accordance with the provisions of Paragraph (d) of Article (120) of Law No. (8) for 1980 A.D.‎‎
‎‎31- Sleeping during work in the cases that require continuous vigilance.‎‎‎‎Deduction of 3 days pay‎‎‎‎Dismissal while preserving the right to a termination bonus‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation of the same type. it shall be treated as a first violation.‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎32- The worker’s refusal without justification to do his main duties, and his refusal to do any other work assigned to him provided it does not differ fundamentally from his original work.‎‎‎‎Dismissal in accordance with the provisions of Paragraph (e) of Article (120) of Law No. (8) for 1980 A.D.‎‎‎‎2- If the violation was repeated more than four times within six months from the date of the first violation, firing the worker with a termination bonus for the violations the penalty for which is firing after the fourth time.‎‎
‎‎33- The use of raw materials or machines related to work for personal purposes.‎‎‎‎Deduction of 5 days pay‎‎‎‎Dismissal while preserving the right to a termination bonus‎‎
‎‎34- Negligence or gross negligence in work which might lead to serious harm to souls or properties. ‎‎‎‎Deduction of 5 days pay‎‎‎‎Dismissal while preserving the right to a termination bonus‎‎‎‎3- The worker should be warned in writing when punishing him for committing a violation for the fourth time that he will be fired if he committed the same violation for a fifth time within six months from the date of the fourth violation.‎‎
‎‎35- Tampering or ruining the facility machines, tools, or equipment.‎‎‎‎Deduction of 5 days pay‎‎‎‎Dismissal while preserving the right to a termination bonus‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎1- Violation related to working hours:‎‎
‎‎c- Violations related to the worker’s conduct:‎‎
‎‎1- Introducing things not permitted, or conducting commercial transactions into the work place.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎‎‎1- If the violation was repeated after six months from the date of the previous violation of the same type. it shall be treated as a first violation.‎‎
‎‎2- Smoking during working hours in places where smoking is not permitted.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎‎‎2- If the violation was repeated more than four times within six months from the date of the first violation, firing the worker with a termination bonus for the violations the penalty for which does not reach firing after the fourth time.‎‎
‎‎‎‎‎Type of Violation‎‎‎‎‎‎‎Degree of penalty‎‎‎‎‎‎Notes‎‎‎‎
‎‎First‎‎

‎‎time‎‎

‎‎Second time‎‎‎‎Third time‎‎‎‎Fourth time‎‎
‎‎3- Fighting with colleagues or causing disturbances at the work place.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎
‎‎4- Assault on the employer, executive managers, or a colleague at work.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎‎‎The penalty for the fourth time shall be doubled to a maximum of 5 days.‎‎
‎‎5- Abstaining from carrying out the medical examination at the request of the facility doctor without a valid excuse.‎‎‎‎Deduction of one day pay‎‎‎‎Deduction of two days pay‎‎‎‎Deduction of 3 days pay‎‎‎‎Deduction of 5 days pay‎‎

Ministerial Resolution No. 51/1 of 1980 on Defining the Means of Spending Financial Differences Benefitting the Employer as a Result of Deprivation of Promotion and Deprivation or Postponement of Bonus

‎‎‎‎‎‎‎Minister of Labour and Social Affairs:‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Having reviewed the provisions of the temporary constitution‎‎‎‎‎‎‎‎‎‎‎;

‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 A.D. in regards to organizing the work relationships; ‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎And based on what was presented by the Undersecretary of the Ministry;‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎It was decided:‎‎‎‎‎‎

‎‎‎‎‎‎‎Article (1)‎‎‎‎‎‎‎

‎‎Financial differences benefiting the employer as a result of deprivation of promotion and deprivation or postponement of bonus shall be recorded in a special register showing the name of the worker, his wage, penalty against him, its value, and why it was applied. The sum of these financial differences resulting from the application of these penalties shall be recorded monthly in the register.‎‎

‎‎‎‎‎‎‎Article (2)‎‎‎‎‎‎‎

‎‎The committee formed in accordance with the provisions of Resolution No. (45/1) for 1980 regarding defining the means of spending the sum of the fines deducted from workers, shall be responsible for dispensing the financial differences mentioned in the previous article and in accordance with the procedures stipulated in the second, fourth, fifth, sixth, seventh, and eighth article of Resolution No. (45/1) for 1980 as mentioned.‎‎

‎‎‎‎‎‎‎Article (3)‎‎‎‎‎‎‎

‎‎The mentioned committee in the previous article shall determine the means of spending the financial differences benefiting the employer as a result of deprivation from promotion or the deprivation or postponement of bonus, taking into account the need of workers to establish a saving fund, assistance fund, or loans, provided that the sum of these differences, or parts thereof, shall be allocated to the assistance that are decided to be given to some of the facility workers who are going through circumstances that necessitate giving them these assistance. In this case, everything related to these circumstances that led the committee to grant them the set assistance shall be recorded in the committee minutes.‎‎

‎‎‎‎‎‎Article (4)‎‎‎‎‎‎

‎‎This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.‎‎

‎‎ Seif Ali Al-Jarwan‎‎‎‎‎‎ ‎‎

‎‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎‎

 

Ministerial Resolution No. 42/1 of 1980 on Determining the Method of Spending the Sum of the Fines Deducted from Workers

Minister of Labour and Social Affairs:‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎Having reviewed the provisions of the temporary constitution‎‎‎‎‎‎‎‎‎‎‎;

‎‎‎‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 A.D. in regards to organizing the work relationships; ‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎And based on what was presented by the Undersecretary of the Ministry‎‎‎‎‎‎;

‎‎‎‎‎‎It was decided:‎‎‎‎‎‎

‎‎‎‎‎‎‎Article (1)‎‎‎‎‎‎‎

‎‎The fines deducted from workers in every facility shall be recorded in a special register showing the name of the worker against whom the fine was applied, his wage, the value of the applied fine, and stating the reason for applying it or why it was applied. The sum of these fines shall be determined monthly in the register.‎‎

 

Article (2)‎‎‎‎‎‎‎

‎‎Every facility using fifteen workers or more shall form a committee called the committee for dispensing fine money that shall be comprised of:‎‎

‎‎Employer or whom he appoints.‎‎ (‎‎President)‎‎

Two of the facility workers selected by the ‎‎‎‎employer in consultation with the director of the competent labour directorate.‎‎ (‎‎Members)‎‎

‎‎Upon the request of the employer, a representative of the competent labour directorate shall join the committee and shall preside over it.‎‎

‎‎As for the facilities where the number of workers is under fifteen, the sums of the fines deducted from its workers shall be dispensed by the employer in consideration of the provisions of articles (4, 8, and 9) of this resolution.‎‎

‎‎‎‎‎‎‎Article (3)‎‎‎‎‎‎‎

‎‎It is necessary for all the members of the committee to be present to meet the legal quorum and it shall issue its decisions with the approval of the employer, who represents him and one of the committee members.‎‎

‎‎In case of a dispute, the committee shall be reconvened in the presence of the representative of the labour directorate. If the votes are equal, the side of the president shall prevail.‎‎

 

‎‎‎‎‎‎Article (4)‎‎‎‎‎‎

‎‎The committee shall be responsible for estimating how to dispense the fines funds by reviewing the social aspects in the facility, documenting this in minutes, then decide to distribute the fines on them or spend them in any new social aspect intended to entertain the workers or treat them in the cases when the employer is not committed to treating them in accordance with the resolution issued in this respect. Alternatively, it can be used in establishing a sporting club, mosque, library, cooperative, or implement a project to treat the families of the workers or any other similar social activity aspects.‎‎

‎‎It is not permitted to spend any of this money as a bonus or to purchase any living necessities such as food or clothes, nor can they be invested in any work that is subject to profit or loss.‎‎

‎‎‎‎Article (5)‎‎‎‎

‎‎If the facility had one or more branches, each branch shall have a special register to record the fines deducted from its workers, and benefiting from the money shall be limited to the workers of this branch, unless the committee sees the possibility of realizing a unified general project to benefit the workers of all branches of the facility.‎‎

‎‎In this case, a committee comprised of two workers selected by the employer from all the branches of the facility must approve the project.‎‎

‎‎‎‎‎‎Article (6)‎‎‎‎‎‎

‎‎The mentioned committee must be held at least once a month to dispense the monthly sum of these fines.‎‎

‎‎The committee may postpone the dispensing of the said funds for one or more months, to a maximum of six months, if these funds were insufficient for anything beneficial.‎‎

‎‎‎‎‎‎Article (7)‎‎‎‎‎‎

‎‎If the committee decides to dispense the fines funds in one of the previously mentioned social projects, it must explain in the committee minutes the procedures organising the project and its implementation.‎‎

‎‎‎‎‎‎Article (8)‎‎‎‎‎‎

‎‎To implement the committee decision, it must be approved by the competent labour directorate (in which jurisdiction the facility headquarters lies) or the main headquarters of the facility if the committee was formed for all facility branches.‎‎

‎‎‎‎‎‎Article (9)‎‎‎‎‎‎

‎‎The fines funds shall be distributed upon the liquidation of the facility for any reason equally on the workers present at the facility at the time of liquidation.‎‎

‎‎‎‎‎‎Article (10)‎‎‎‎‎‎

‎‎This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.‎‎

‎‎ Seif Ali Al-Jarwan‎‎‎‎‎‎ ‎‎

‎‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎‎

 

Private Recruitment Agencies

Ministerial Resolution No. 1283 of 2010 on Licensing and Regulation of Private Recruitment Agencies

The Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers,

Federal Law No. (8) for 1980 and the amendments thereto regarding the regulation of work relationships,

And Minister of Labour Resolution No. (233) for 1998 regarding licensing rules for mediation in using or recruiting non-national workers.

It was decided:

Article (1)

The following words and statements, whenever mentioned in this Resolution, shall have the meanings provided next to them unless otherwise specified in the text:

The State: The United Arab Emirates

The Ministry: Ministry of Labour

The Minister: Minister of Labour

Private Recruitment Agency: Any natural or legal person for whom a permit was issued to practice all or some of the activities mentioned in Article (2) of this Resolution.

Agency: Private Recruitment Agency

License: The written permit issued by the Ministry in accordance with the provisions of this Resolution and the regulations or decisions pertaining thereto to exercise the work of the Agency.

Employer: Any natural or legal person who employs or wishes to employ one or more people for a wage, whatever its type.

Employee: Any natural person looking for work or working at any employer.

Employment: Employing any worker present inside the State in accordance with the relevant regulations.

Recruitment: The introduction of a natural person into the country for the purposes of employing him in accordance with the regulations in force.

Article (2)

The exercise of each or some of the following activities shall be considered exercising the work of an Agency:

a- Mediation between the parties of the work or their representatives and negotiating on their behalf in relation to the conditions of the contract and the employment, whether this may or may not lead to a work relationship, and without the Agency becoming a party in the work relationship that might arise as a result of such mediation. This activity includes the collection and maintenance of a database or information on the employees, work opportunities available, employment requests, and any other related information, to be put at the disposal of the interested party.

b- “Temporary Employment” by using the employee for the purpose of enabling a third party (employer), whether that third party was a natural or legal person, to execute a job or service under the supervision and management of that employer. In this case, the Agency becomes an employer with a direct work relationship with the concerned employee. The two cases mentioned in items (a, b) of this Article apply regardless of whether the employee is recruited from abroad or is initially present in the country.

 

Article (3)

a- It is prohibited to exercise any of the Agency activities mentioned in Article (2) of this Resolution without acquiring written and express permission from the Ministry specifically for this purpose and in accordance with the provisions of this Resolution and the regulations and instructions pertaining thereto.

b- A person may acquire two independent permits to practice the two activities mentioned in Items (a, b) of Article (2) of this Resolution, provided he meets the conditions of practising each of them separately.

Article (4)

The following conditions must be met by all those applying for a permit to practice any of the activities of an Agency:

a- Must be a fully competent Emirati national if a natural person, or that every partner in the company applying for that permit is an Emirati national.

b- That the natural person, or any of the partners in the legal entity, had not been sentenced in a crime involving moral turpitude, dishonesty, human trafficking, or any of the crimes mentioned in the law regulating work relationships or the resolutions issued for its implementation, unless such an individual has been rehabilitated (if the conviction against him was to restrict freedom), or after one year from the date of the ruling if it was a fine.

c- To provide the Ministry with a bank guarantee for a value no less than three hundred thousand Dirhams throughout the period of permit validity if practising any of the mediation activities, and no less than one million Dirhams if practising temporary employment activities. This guarantee must be automatically renewable. The Ministry may allocate all or part of the guarantee stipulated in this article to settle any sum that may be payable by the Agency as a result of its default in its obligations under the provisions of this system and not abiding by the instructions and Decisions issued under it.

d- Shall have a headquarters with a clearly defined address solely for practising Agency business, and this headquarters must be licensed for that purpose in accordance with the criteria stipulated in the instructions and executive procedures issued based on this Resolution. Agency work may only be practiced through the specified headquarters.

e- To submit a written pledge not to make any changes to the body of associates, whether by addition or withdrawal, without the written consent of the Ministry.

f- The Agency shall employ a sufficient number of administrators and supervisors, who will have appropriate experience in their field of work.

g- The Agency manager, as well as the authorised signatory for legal matters, must be Emirati nationals, with university degrees and appropriate experience in this field.

h- To pay the legally requested fees upon the initial approval of license to practice the requested activity.

i- Must not be the owner or partner of an establishment that has repeatedly defaulted on its payment of employees’ wages in accordance with the conditions and regulations at the Ministry, or be found to have owned fictitious establishments, or had committed a fundamental violation of the housing requirements.

j- To submit a written pledge, if applying for a license to practice the activity of a temporary employment Agency, of the following:

The employer shall implement all the obligations imposed by the regulations in force in the country (such as the payment of wages, housing, etc.), and pay two thousand Dirhams as insurance for every recruited employee, in addition to what is stipulated in Cabinet of Ministers Resolution No. (27) for 2010, regarding the fees and fines for services provided by the Ministry of Labour.

The total number of employees working for third parties at any time must not be less than twenty employees, and the durations of their employment with their employers must not exceed the durations specified by the Ministry for this purpose. The Minister may exempt the applicant from some of the conditions mentioned in this Article, without violation of the guarantee of employee rights, if the Agency works mostly in employing nationals.

 

Article (5)

a- The Ministry may revoke the license of an Agency or temporarily suspend it from operating for a maximum of one year, in any of the following cases:

If the license holder does not meet any of the conditions upon which his license was issued under this Resolution.

If any of the documents or data submitting for licensing purposes are found to be untrue.

If the Agency violates the provisions of this Resolution, the regulations and instructions pertaining thereto, or related legislation.

If the Agency commits any act involving some form of forced labour or human trafficking.

If the license is not renewed according to the instructions pertaining thereto.

b- The decision to revoke the license shall be issued by the Minister. With the exception of the cases mentioned in Item (4) of this Article, revocation shall not take place without prior warning to the Agency to amend the violation within the specified period.

 

Article (6)

The Agency is prohibited from:

a- Employing or recruiting any worker who falls under the category of children not permitted to work according to applicable laws in the country.

b- Acquiring, directly or indirectly, from the worker himself or through mediation, any sums, monies, rights or gains under the name of commission, fees, or anything else for any reason and through any means whatsoever. The Ministry may oblige the Agency to submit a pledge to such effect, while obliging it to refund to the worker any amounts paid to any entity or person inside or outside the country with whom the Agency had dealt on the matter.

c- Exercising its activity to serve any employer for the purpose of providing him with labour force or substituting employees for others at a time when the employer is facing group labour disputes, or if a decision has been issued to suspend his establishment.

d- Conducting business with any person or other Agency, whether in the country or abroad, for the purposes of recruiting labour force and using them temporarily, unless that person or Agency is licensed to exercise that activity in accordance with applicable laws in the country providing the labour force or in the United Arab Emirates.

e- The temporary employment Agency shall not employ its workers at another Agency regardless of the latter’s activity.

 

Article (7)

The Agency may open branches within the same Emirate where it is licensed or in any other Emirate after obtaining a new permit from the Ministry.

Article (8)

The Mediation Agency shall be responsible for returning the worker to his country at its own expense, as well as being responsible for the harm it may cause to others as a result of its activity, without prejudice to the authority of the Ministry to impose any applicable administrative procedures on the Agency, in any of the following cases:

The Agency’s failure to adhere to the conditions of the agreement reached with the employer.

The worker’s failure to pass the medical examination, or if he is found to be unfit to work according to official medical reports.

The failure of the worker to meet the qualifications, level of skill, or specialisation required for employing him.

The worker’s failure to sign the draft contract to be endorsed by the Ministry prior to his recruitment.

Article (9)

The Agency shall adhere to the following:

The contracts it signs with the employer and employee shall be written and specifically recognize the obligations of each party. If the text of the contract overlooks any obligation, the Agency shall be responsible for said obligation in such case.

It shall provide proof that the worker signed the draft contract prior to the final commitment with him and before being assigned to work.

It shall keep records for the employees who were employed by the Agency for a minimum of three years, including all details of each worker, where he was hired, the details of the hiring establishment, the wage, copies of the contracts, and other details specified by the Ministry.

It shall provide the Ministry with quarterly lists of the employment contracts it has signed, including all data pertaining to each worker, where he was hired, the details of the hiring establishment, the wage and copies of the contracts as requested.

Article (10)

The temporary employment Agency shall adhere to the following:

– To implement, at all times, all legally stipulated obligations on any employer towards the employee, except for what has been excluded by special text in this Resolution or in the other Decisions issued by the Ministry. The Agency may not, in any way, fail to implement these obligations due to the employer’s failure to fulfil its obligations with the Agency, and it shall be the main party responsible, in all cases, for the implementation of these obligations.

– To not keep the employee with an employer in a way that would exceed the duration of employment specified by the Ministry.

– To provide the employee with a copy of the employment conditions as agreed upon with the employer, and explain the duties required of that employee.

– To provide the employing establishment with employees throughout the agreed upon period without any violation of this Resolution and the decisions issued based thereupon, and at the necessary level of qualifications and skills.

Article (11)

The employer shall be obligated to the employee as follows:

a- Payment of wages and other gains to the employee in case the Agency delays in payment. This does not negate the Ministry’s authority to take action against the Agency through the stipulated administrative and judicial procedures.

b- Ensure all proper occupational health and safety conditions for the worker, in line with the nature of the work and job hazards in accordance with the applicable laws.

c- Not assign the employee any jobs or services that fall outside the general framework of the work or service agreed upon with the Agency.

d- Not work the employee for more than the hours agreed upon with the Agency, except in accordance with the provisions pertaining to overtime according to applicable laws.

e- Provide the employee with the instructions for the duties he is to undertake in writing within the general work framework as agreed with the Agency.

f- Show the employee the attendance sheet prior to sending it to the Agency, and include in it any reservations the employee may have had regarding the content.

g- Notify the Ministry and Agency immediately of any work accidents or injuries the employee sustains.

h- Meet all his obligations to the Agency, provided that the said obligations are due to the provision of labour force.

i- Not employ the worker at any other party except in accordance with the regulations and instructions issued by the Ministry.

Article (12)

The Agency license shall be valid for one year, and renewed annually in light of the continued fulfilment of the conditions required for licensing. It must be renewed within one month from the date of its expiry; otherwise that license shall be considered null and void, unless the license holder provides the Ministry with an acceptable excuse within the thirty days following that month. If the license is considered null and void, a new license meeting all the required conditions shall be necessary to resume activity.

 

Article (13)

The Ministry shall set regulations for the fees the Agency is authorised to obtain from employers in exchange for the services it provides.

Article (14)

All agencies that have already been licensed by the Ministry must meet these conditions within a maximum of six months from the date this Resolution’s entry into force, in accordance with the terms and conditions mentioned therein, and as per the instructions pertaining thereto.

Article (15)

The Minister shall specify the competent body within the Ministry for issuing the regulations, instructions and forms necessary to implement the provisions of this Resolution, as well as the procedures that need to be followed to in order to issue permits and resume Agency activities.

Article (16)

Any violation of the provisions of this Resolution shall be considered a violation of the peremptory norms of the decisions issued to execute the aforementioned law regulating work relations. The penalties mentioned in this law shall be implemented in addition to the administrative procedures taken by the Ministry in this respect.

Article (17)

The implementation of the aforementioned Cabinet of Ministers Resolution No. (233) for 1998 shall render any decisions and provisions contrary to or inconsistent with that Resolution null and void.

Article (18)

This Resolution shall be published in the Official Gazette and shall be put into force one month following its publication date.

Saqr Ghobash Minister of Labour Issued by us

In Abu Dhabi on: 23/12/2010

 

Facilities

Ministerial Resolution No. 702 of 2008 on Electronic Facilities 

‎‎‎‎‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎:‎‎‎‎‎‎

‎‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety; ‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Ministerial Resolution No. (154) for 2007 on electronic facilities;‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎And based on what was presented by His Excellency the acting Director General of the Ministry;‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎As mandated by public interest‎‎‎‎‎‎‎‎‎‎‎‎‎‎,

‎‎‎‎‎‎‎‎‎‎It was decided:‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎

Article (1)

‎‎‎In implementing the provisions of this resolution, the following words shall have the meanings given to each of them, unless otherwise stipulated in the text:‎‎‎

‎‎‎Electronic facility:‎‎‎ ‎‎‎Each facility adhering to the terms, conditions, and procedures attached to this resolution and was registered at the Ministry in the electronic facility record.‎‎‎

‎‎‎Electronic work permit:‎‎‎ ‎‎‎Is a work permit to recruit a worker that is submitted electronically through the internet network.‎‎‎

 

‎‎‎‎‎‎‎Article (2)‎‎‎‎‎‎‎

‎‎‎The rules, regulations, and provisions stipulated in the procedural manual attached to this resolution shall be implemented.‎‎‎

 

Article (3)‎‎‎‎‎‎

‎‎‎‎‎‎Ministerial Resolution No. (254) for 2007 on electronic facilities shall be nullified.‎‎‎‎‎‎

 

‎‎‎‎‎‎‎Article (4)‎‎‎‎‎‎‎

‎‎‎This resolution shall be published in the Official Gazette, and shall be put into force as of its issuance date, and all provisions contrary to or in violation of the provisions of this resolution shall be nullified.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎ Saqr Ghobash ‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎‎

Issued 28 October 2008

 

Manual for Conditions and Procedures for the Provision of Facilities Services

‎Definition:‎‎‎

‎‎‎These are the electronic services provided by the Ministry to the facilities adhering to the rules and regulations specified in this manual for granting these services, as they provide their transactions electronically through the internet. The Ministry concludes these transactions either with approval or refusal, while notifying the facility electronically of the outcome.‎‎‎

 

Phases of the Service:‎‎‎

‎‎‎This service shall be conducted as follows:‎‎‎

‎‎‎Phase One:‎‎‎ ‎‎‎Apply to subscribe to the electronic facilities service.‎‎‎

‎‎‎Phase Two:‎‎‎ ‎‎‎Electronic work permit.‎‎‎

‎‎‎These two phases shall be explained as follows:‎‎‎

 

‎‎‎Phase One:‎‎‎ ‎‎‎Apply to subscribe to the electronic facilities service:‎‎‎

‎‎‎This means that the facility shall apply to the Ministry to subscribe in the electronic facilities service (on the form prepared for that purpose) to obtain a decision from the Ministry with an approval or refusal.‎‎‎

 

‎‎‎Rules and regulations‎‎‎

‎‎‎a) Conditions:‎‎‎ ‎‎‎are represented in the following:‎‎‎

  1. ‎‎‎The record of the facility at the Ministry must be free of any restrictions, violations, or expired labour cards.‎‎
  2. The number of workers at the facility shall be (50) workers or more.‎‎‎
  3. The authorized signatories shall have the electronic signing cards (or at least one of them).‎‎‎
  4. The facility shall not be part of any collective labour conflicts (strike) for not paying salaries or not providing adequate accommodation, unless a year had passed over such conflicts.‎‎‎
  5. The owner had consolidated all his facilities or in which he is a partner under one private number (consolidation of facilities).‎‎‎
  6. The facility shall commit to submitting a report on the protection of wages or the transfer of the wages of its workers through banks or financial institutions, in accordance with the terms and conditions stipulated by the Ministry.‎
  7. That there would not be any expired labour cards for more than (3) months, expired work permits for more than (6) months, or expired licenses for more than (70) days for all other facilities owned by the owner of the facility or in which he is a partner.‎‎‎

‎‎‎b) Regulations:‎‎‎

  1. ‎‎‎Group permit applications for projects are not counted (projects employment) within the (quota), the facility can apply for group work permits, in addition to electronic work permit.‎‎‎
  2. The facility shall be responsible for printing the application data (work permit, labour cards….‎‎‎ ‎‎‎‎etc.), auditing its accuracy, comparing them with the data mentioned in the official documents (passport, academic certificate, medical examination…….‎‎‎‎ ‎‎‎etc.), sending all the required documents and the lack of clarity of the sent documents.‎‎‎
  3. The Department of Inspection shall follow-up the electronic facilities periodically and confirm the continued implementation of the conditions mentioned in this manual by the facility.‎‎‎

‎‎‎c) ‎‎‎‎‎‎‎‎‎‎Required Documents‎‎‎‎‎‎‎‎‎‎‎‎:

  • ‎‎‎‎List of the consolidated properties of the owner under one private number.‎‎‎‎

‎‎‎d) ‎‎‎‎‎‎‎‎‎‎‎Steps of service completion‎‎‎‎‎‎‎‎‎‎‎‎‎‎:

  1. ‎‎‎Print the application for subscription to the electronic facilities service at print-houses or the Smart Forms Program for participating establishments.‎‎‎
  2. The application shall be submitted to the receipt counter at the Labour Licenses Department (or what substitutes for it) at the Ministry Office in Abu Dhabi and Dubai or one of the competent labour offices for auditing and confirming that all conditions are met and the requested documents submitted.‎‎‎
  3. The application shall be referred to the Director of the Licenses Directorate, the Directors of the competent labour offices, or who represents them (each in his own capacity) to acquire an approval or refusal, in case of an approval, the facility shall be granted a share (quota) – meaning a percentage % – of the total number of workers listed on the facility register at the Ministry.‎‎‎

 

‎‎‎‎Defining the share (quota) shall be as follows:‎‎‎‎

  1. ‎‎‎If Facility A, and achieves the requested nationalization percentage, it shall be given a 90% share (quota).‎‎‎
  2. ‎‎If Facility A, it shall be given a 80% share (quota).‎‎‎
  3. If Facility B, it shall be given a 60% share (quota).‎‎‎
  4. If Facility C, it shall be given a 50% share (quota).‎‎‎

‎‎‎‎Note:‎‎‎‎ The Director General may exempt the facility from the conditions mentioned in this manual and grant the facility a share (quota) higher than the percentages mentioned above.‎‎‎

‎‎‎e) Fees‎‎‎

 

 

‎‎‎‎Phase Two:‎‎‎‎ ‎‎‎‎Electronic work permit:‎‎‎‎

‎‎‎Means that the facility submits an application for a work permit to recruit a worker from abroad. This application shall be sent electronically to the Ministry over the internet, and the Ministry shall conduct an electronic checking of the application data, deducting it from the share (quota) allocated to the facility (in case of approval), notifying the facility of the matter, or notifying it of the refusal if the required worker has a labour card, deprivation, or any other restrictions, provided that the approval or refusal is notified electronically.‎‎‎

 

‎‎‎a) Conditions‎‎‎

  • ‎‎‎‎ The facility must be a subscriber to the electronic facilities service.‎‎‎‎
  • ‎ The authorised signatory must have an electronic signing card.‎‎‎‎

 

‎‎‎b) ‎‎‎‎‎‎‎‎‎‎Required Documents‎‎‎‎‎‎‎‎‎‎‎‎‎

  • ‎‎‎‎A copy of the academic certificate.‎‎‎‎
  • ‎‎‎A copy of the individual’s passport.‎‎‎‎

 

‎‎‎c) ‎‎‎‎‎‎‎‎‎‎‎Steps of service completion‎‎‎‎‎‎‎‎‎‎‎‎‎‎

  • ‎‎‎‎‎‎‎‎‎‎‎‎‎The electronic labour permit shall be printed in print-houses or establishments participating in Smart Forms Program. ‎‎‎‎‎‎‎‎‎‎‎‎‎
  • ‎‎‎The application shall be sent electronically with its attachments (copy of passport + copy of academic certificate, if the profession required scientific qualifications + other required documents).‎‎‎
  • ‎‎‎The competent employee at the Ministry shall audit the worker’s data and confirm that the worker does not have a labour card, deprivation, or any other restrictions.‎‎‎
  • ‎‎‎‎The computer system at the Ministry shall refer the approval or refusal electronically to the electronic services site of the Ministry (www.emol.ae).‎‎‎‎
  • ‎‎The client shall access the Ministry’s electronic services site (www.emol.ae), enter the transaction number (IN) to inquire about the transaction, print the “approval notification and completion of the payment of fees and banking surety”.‎‎‎
  • ‎‎‎The client shall settle the fees and banking surety at print-houses and the bank.‎‎‎
  • ‎‎‎The client shall hand over the approval notification to the receipt counter at the Labour Permits Department or what substitutes for it at the Ministry Offices in Abu Dhabi and the Labour Permits Sections at the competent Labour Offices, to provide him with the approval form (work permit) and direct him to complete the procedures at the Naturalization and Residency Directorate.‎‎‎
  • ‎‎‎With respect to the Dubai Labour Office, the computer system at the Ministry shall refer the work permit electronically to the Naturalisation and Residency Directorate, the client shall access the Ministry’s electronic services site (www.emol.ae), enter (IN), and print the notice of “referral of transaction” to the Naturalisation and Residency Directorate and complete the procedures for issuing the entry permits of the worker at the Directorate.‎‎‎

‎‎Note:‎‎‎ ‎‎‎The permit shall be valid for (60) days that can be extended (6 times) under the following conditions:‎‎‎

  1. ‎‎‎Pay the approval fees and the banking surety during the validity period (60) days.‎‎‎
  2. Pay a late fine of (500) Dirham for every ten day calculated from the date of expiry of validity or renewal.‎‎‎
  3. In the event of not paying the fees and the banking surety within (60) days, the computer system at the Ministry shall cancel the permit. In this case, the client must resubmit the transaction.‎‎‎

‎‎‎d) Fees‎‎‎

  • ‎‎‎A fee of 200 Dirham to submit an electronic work permit for every worker.‎‎‎

 

‎‎‎‎‎‎Saqr Ghobash ‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Minister of Labour

 

Ministerial Resolution No. 633 of 2008 on the Amendment of Ministerial Resolution No. 757 of 2006

Minister of Labour‎‎‎‎‎‎:‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎

‎‎‎Ministerial Resolution No. (757) for 2006 A.D. on the facility card system;‎‎‎

‎‎‎‎‎‎‎‎And based on what was presented by His Excellency the acting Director General of the Ministry,‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎It was decided:‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Article (1)‎

‎‎‎‎‎‎‎The text of Item (2) of the Second Article of the mentioned Ministerial Resolution No. 757 for 2006 shall be substituted with the following text:‎‎‎‎‎‎‎

‎‎‎(A non-national authorized to work at a facility registered at the Ministry may be owner or partner in another facility, provided that he does not practice any paid or unpaid work in that facility if not licensed by the Ministry for that).‎‎‎

 

‎‎‎‎‎‎‎Article (2)‎‎‎‎‎‎

‎‎‎‎‎‎‎‎This resolution shall be effective as of the date of issuance, and it shall supersede any law that violates or conflicts with this resolution. It shall be published in the official gazette.‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎

Saqr Ghobash‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Issued by us in Abu-Dhabi‎‎‎‎‎‎‎ ‎‎ ‎

Dated 15 September 2008.

 

Ministerial Resolution No. 810 for 2006‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎Minister of Labour:‎‎‎‎‎‎‎

‎‎‎After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Federal Decree No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to the organisation of the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎And for the business interest,‎‎‎‎‎‎‎‎

It was decided:‎‎‎‎‎‎

‎‎‎‎‎‎‎Article (1)

‎‎‎A new facility card shall not be opened in the Ministry unless the authorised signatory holds an electronic signing card according to the procedures in effect at the Ministry.‎‎‎

 

Article (2)

‎‎‎An application for a collective work permit shall not be granted, nor its procedures completed and the applications for individual permits submitted in deduction of the balance of the collective permit, unless the authorised signatory holds an electronic signature card according to the procedures in force at the Ministry.‎‎‎

 

Article (3)

‎‎‎‎‎‎‎This Ministerial Resolution is effective as of 7/1/2007, where all the competent authorities should implement the same, each in his own capacity. ‎‎‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎‎‎‎‎‎‎‎

Dated:‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎11/12/2006

 

 

Ministerial Resolution No. 757 of 2006 on the Facility Card System

Minister of Labour and Social Affairs:‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎Federal Decree No. (10) for 2006 A.D. to form the Cabinet of United Arab Emirates;‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto; ‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Federal Law No. (5) for 1975 on the Commercial Register;‎‎‎‎‎‎‎

‎‎‎‎‎‎‎‎‎‎‎Federal law No. (5) for 1985 in regards to civil transactions and the amending laws thereto; ‎‎‎‎‎‎‎‎‎‎‎

‎‎‎Federal Law No. (18) for 1993 on commercial transactions;‎‎‎

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Ministerial Resolution No. (52) for 1989 regarding recruiting non-national labourers; ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎Ministerial Circulars Nos. (9/1999), (3/1999), (7/1996), and (2/1983);‎‎‎

‎‎‎‎‎‎‎‎‎‎‎And based on what was presented by the Undersecretary of the Ministry;‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎And for the public interest,‎‎‎‎

It was decided:‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Article‎‎‎‎‎‎ (1)‎

‎‎‎The facility registration and facility card data system applied at the Ministry is considered a private and independent system as per Article 44 (2) of the Commercial Transactions Law.‎‎‎

‎‎‎‎‎‎‎Article (2)

  1. ‎‎‎The application for a facility card shall not be accepted unless the national, who is the owner, partner, shareholder, or services agent of the facility lists his data and signature sample first, and then list the signature samples of the authorised signatories, if any, in accordance with the rules and regulations in force. The signature of the national and the authorised signatories shall be regarded as their acceptance of their personal commitment to the rights of the workers and the Ministry against the facility. The Ministry’s approval to open a facility card shall be considered as an acceptance of that.‎‎‎
  2. A non-national authorised to work at a facility registered at the Ministry may not be an owner or partner in another facility, unless the labour card is cancelled first as a precondition. This shall exclude the purchase of or subscription in the shares of public shareholding companies.‎‎‎

 

‎‎‎‎‎‎‎Article (3)‎‎‎

‎‎‎The national and authorised signatories shall be personally liable for the facility commitment towards the Ministry and the workers in accordance to the sponsorship provisions, without taking into account the form of the facility, whether it was an independent legal entity, limited liability, individual establishment, or otherwise.‎‎‎

 

‎‎‎‎‎‎‎Article (4)‎‎

‎‎‎In case of the facility’s violation of its commitments towards the workers or the Ministry, the Ministry may refer to the national or the authorised signatories, and may at the same time ask the facility to meet the commitments and to take the appropriate actions against any of the mentioned.‎‎‎

 

‎‎‎‎‎‎‎Article (5)

‎‎‎In case the national or the authorised signatories violate their commitments, the Ministry may cease dealing with all other facilities owned or represented by the national or the authorised signatories, or take any other appropriate actions at its discretion.‎‎‎

 

‎‎‎‎‎‎‎Article (6)

‎‎‎The personal liability of the national and the authorised signatories under the sponsorship shall remain in effect, even if the form or legal status of the facility changed.‎‎‎

 

‎‎‎‎‎‎‎Article (7)

‎‎‎In case of a change in the facility that necessitates changing the name of the national or the authorised signatories, the facility or the mentioned individuals must submit an application for the requested amendment, the Ministry must ensure that the commitments resulting on the facility are met prior to accepting the application, and the competent labour directorate, prior to making the requested amendment, must audit the documents attached to the application for amendment and confirm the presence of an original contract notarized by a notary public, an original certificate from the licensing authority, and any other necessary documents. It may also request the presence of the national registered owner or agent as a precondition of the amendment.‎‎‎

‎‎‎‎‎‎‎‎

Article (8)

‎‎‎Anyone who wishes to purchase the facility, share in the same or represent it, must check, in his own interest and at his responsibility, its labour status at the Ministry, prior to taking any action, by requesting the all-in-one report about the facility. For such certificate to be issued by the Ministry, the owner registered at the Ministry must apply for its issuance, and the mentioned certificate shall be issued, signed by the Director of the Directorate or the competent labour office.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎Article (9)

‎‎‎Significance in determining responsibility shall be according to the data registered in the facility card, with the responsibility for confirming that the data of the registered facility conform with the facts shall fall on the registered individuals and third parties.‎‎‎

 

Article (10)

‎‎‎In case of any action or change that would amend any of the data of the registered facility, the competent labour directorate must be informed of the nature of the action or change, submit any data or signatures, and take any actions requested by the directorate within a maximum of thirty days from the date of the action or change.‎‎‎

 

Article (11)

‎‎‎The Ministry shall not be obliged to accept the application to open a facility card, or the request for any amendments to the data of the owners, services agent, or any other amendments to the facility data, unless it ensures that the conditions mentioned in that decision have been met as requested, and that the applicant or his other parties have no other facilities, nor are they responsible for facilities that are suspended, in violation, or with expired licenses at the level of all labour directorates in the country.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎‎Article (12)

‎‎‎It is not permitted to make any amendments to the registered data of the owners, national sponsor, commercial name, or activity if there were unsettled restrictions, unless they are first settled as a precondition.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Article (13)‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

‎‎‎The statuses of the workers shall be settled either by cancelling sponsorship, transferring sponsorship, or the pledge of the new facility owner that they would continue to work for him under the same service conditions as a minimum.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Article (14)

‎‎‎If the acceptance of the amendment necessitated the cancellation of the registered facility card, or the application to open a new facility card, the rules and regulations in force must be applied in either case.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Article (15)

‎‎‎The owner may not dismiss the services agent registered at the Ministry, unless he receives a certificate issued by the Ministry of the clearance of this party of third party’s rights in accordance with the provisions of Article (955) of the Civil Transactions Law.‎‎‎

 

‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎Article (16)

‎‎‎The competent parties shall confirm and affirm, upon signing or requesting the ratification of the actions pertaining to facilities under the competence of the Ministry, that the rules and regulations stipulated in this resolution have been met as required.‎‎‎

 

Article (17)

‎‎‎The rules and regulations stipulated in Federal Law No. (8) for 1980 and the resolutions and regulations issued for the implementation thereof shall apply to any violation of the provisions of this resolution. ‎‎‎

 

Article (18)

‎‎‎‎‎‎‎This resolution is applicable as of its issuance date, and shall be published in the official gazette.‎‎‎‎‎‎‎

 

‎‎‎‎‎‎‎‎Dr. Ali Abdullah Al-Kaabi‎‎‎‎‎‎

‎‎‎‎‎‎‎‎Minister of Labour‎‎‎‎‎‎‎‎

Dated 11 October 2006

 

Ministerial Circular No. 2 of 2006 

In emphasis by the Ministry of its commitment to simplify the procedures and provide assistance to the business owners in a way that achieves their interests and facilitate the completion of their procedures, the following was decided:‎‎‎

  1. ‎‎‎The national owner of the facility, the authorised partner, or the authorised manager may assign anyone at his discretion to sign on the facility card without requesting that the authorised is sponsored by the facility itself or any of his facilities, or the need to transfer his sponsorship to the same according to the attached forms (1 and 2).‎‎‎
  2. The services agent may delegate the owner of the facility or any of the higher management personnel at the facility in accordance with the attached forms numbers (2 and 3).‎‎‎
  3. In all cases, it is necessary that the agent has a valid residency in the country and the delegation for authorisation and the written statement are in accordance with the attached forms, certified by the notary public.‎‎‎

‎‎‎‎‎‎‎‎‎This circular is effective as of its date of issuance and shall be followed carefully.‎‎‎‎‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎‎‎‎‎‎‎‎

‎‎‎‎‎‎‎Minister of Labour and Social Affairs‎‎‎‎‎‎‎

Dated 25 January 2006.

 

Nationalization

Ministerial Order No. 293 of 2015, regulating the conditions of employment of UAE national workers, signed 30 April 2015. [CANNOT FIND THIS ONE]

 

Ministerial Resolution No. 635 of 2008 Regarding the Public Relations Officials

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 regarding the ministries compencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships, the amending resolutions, and the regulations and amending laws thereto;

Cabinet of Ministers Resolution No. (28/7) for 2007 regarding treating the citizens of the GCC in the private sector in the state as the local citizens;

Ministerial Resolution No. (795) for 2005;

And based on what was presented by His Excellency the acting Director General of the Ministry;

It was decided:

Article (1)

All establishments employing more than 100 workers, according to what is registered in the database of the Ministry, have to assign the works of the officials of public relations to one of the national citizens or a citizen of one of the GCC.

Article (2)

The public relations of officer, as enshrined in Article (1) of this resolution is authorized to work for several establishments, as long as they belong to one employer.

Article (3)

All employees of the ministry shall not accept any dealings from establishments that are subject to the provisions of this resolution, unless through the public relations officer, as provided in Article (1) of this resolution.

Article (4)

His Excellency the Acting Director General has to set rules, forms, and the conditions necessary to implement this Resolution.

Article (5)

All violating or conflicting rules with the resolution are void.

Article (6)

This Resolution shall be put into force from its date of issuance, all competent authorities shall implement it carefully, and it shall be published in the Official Gazette.

Saqr Ghobash

Minister of Labour

Issued in Abu-Dhabi on 15 September 2008.

Ministerial Resolution No. 443 of 2006 on Secretarial Jobs in the Private Sector

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 regarding the ministries compencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships, the amending resolutions, and the regulations and amending laws thereto;

Federal Law No. (27) for 1999 on Establishing the Development and Employment Authority of the National Labour Force;

Cabinet of Ministers Resolution No. (259/1) for 2004 on supporting the participation of nationals in the private sector;

And for the public interst,

It was decided:

Article (1)

The granting of any labour permit for the job of male or female secretary to any facility in the private sector in the country shall be halted. This shall include not granting the transfer of the sponsorship or labour card to residents on the visas of their non-national parents, temporary work permit, part-time work or a mission permit for this job.

Article (2)

Those who currently hold secretariat posts and those holding valid work permit under work contracts certified by the Ministry shall continue in their posts up to the expiry of the duration of the contract if it was of determined period or the expiry of the labour card, whichever is sooner, and the employment contract or labour card shall not be renewed afterwards.

Article (3)

Private sector facilities that wish to employ a male or female secretary to replace the current male of female secretary after the expiry of the employment contract or labour card as specified in the Second Article above, shall contact the Development and Employment Authority of the National Labour (Tanmia) to nominate nationals looking to work in these posts at the expense of the competent facilities, coordination in this field with each of the Occupational Rehabilitation Program for the Labour Market in the Emirate of Abu Dhabi and the Emirates Program for the Development of National Cadres in the Emirate of Dubai and the Human Resources Development Directorate in the Emirate of Sharjah.

Article (4)

The provisions of Ministerial Resolution No. (286) for 2006 dated 5/4/2006 on the balance of the nationalisation account at private sector utilities in this state and in particular with respect to the monthly salaries received by male and female nationals who are employed in secretarial jobs.

Article (5)

The Undersecretary of the Ministry shall set the regulations necessary to implement this resolution.

The competent authorities shall implement it each in its own competence.

Article (6)

This resolution is effective from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour

Dated 24 June 2006.

Ministerial Resolution No. 442 of 2006 on the Directors of Human Resources and the Directors and Officials of Employees Affairs in the Private Sector

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships, the amending resolutions, and the regulations and amending laws thereto;

Federal Law No. (27) for 1999 on Establishing the Development and Employment Authority of the National Labour Force;

Cabinet of Ministers Resolution No. (259/1) for 2004 on supporting the participation of nationals in the private sector;

And for the public interst,

It was decided:

Article (1)

Private Sector facilities grant a period of maximum 18 months from the date of this resolution to work in coordination with the Development and Employment Authority of the National Labour Force (Tanmia) to employ nationals to substitute the Directors of Human Resources and the Employees Affairs Officials currently working with these facilities. Coordination with the Authority providing the necessary training programs for nationals to carry out the duties of the jobs required in the field of human resources and employees affairs, and coordinating this with each of the Occupational Rehabilitation Program for the Labour Market in the Emirate of Abu Dhabi, the Emirates Program for the Development of National Cadres in the Emirate of Dubai, and the Human Resources Development Directorate in the Emirate of Sharjah.

Article (2)

The Undersecretary shall set the rules and regulations necessary for the implementation of this resolution in cooperation and coordination with the concerned authorities, and all competent authorities shall implement it each in its own competence.

Article (3)

This resolution is effective from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour

Dated 24 June 2006.

Ministerial Resolution No. 275 of 2006

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (259/2) for 2004 on supporting the participation of nationals in the private sector;

Cabinet of Ministers Resolution No. (10) for 1998 on increasing the percentage of nationals at banks operating in the country;

Cabinet of Ministers Resolution No. (202/2) for 2003 on setting the nationalization percentages in the insurance sector;

Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and the bank surety;

And for the public interest,

It was decided:

Article (1)

Facilities shall observe the right of nationals with special needs in obtaining work that is in line with their abilities and qualifications.

Article (2)

A job applicant cannot be refused because of his disability if the said disability does not prevent him from doing the necessary work.

Article (3)

The facilities shall adhere to the global specifications needed by people with disabilities to reach the work place and during working hours.

Article (4)

The Ministry shall grant the privileges linked to the nationalisation percentages on the basis of considering that any facility employing a national with special needs is similar to employing two nationals without special needs.

Article (5)

The Undersecretary of the Ministry shall issue the necessary directives and instructions to enforce this provisions of this Resolution.

Article (6)

This resolution is effective as of its date of issuance and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour

Dated 25 February 2006.

Ministerial Resolution No. 1216 of 2005 on the Rules and Procedures of the Employment Contracts of Nationals

Minister of Labour:

After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Federal Law No. (7) for 1999 on pensions and social securities;

Law No. (2) for 2000 on pensions and civil retirement benefits for the Emirate of Abu Dhabi;

Cabinet of Ministers Resolution No. (19) of 2005 regarding the fees system and the bank surety;

Ministerial Resolution No. (900) for 2002 on the rules of the unified employment contract for nationals in the private sector in the country;

And based on what was presented by the competent Undersecretary;

It was decided:

Article (1)

The employment of nationals shall be in accordance with the rules, regulations and employment contract model specified in this resolution.

Article (2)

The facility shall print the data requested in the employment contract and labour card application on the screen through the transactions processing offices, or through subscribing to the web site www.uaesmartforms.com.

Article (3)

In case of new contracts, the competent administration and the Ministry shall receive the labour card and new employment contract after the signature of the employee and employer, in addition to a photograph of the employee, as a file in his name shall be opened in the system at the Ministry. The facility shall receive a receipt carrying the number of the labour card and 3 ratified copies of the contract.

Article (4)

The facility shall deliver the receipt of the labour card number and the employment contracts to the General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi as necessary.

Article (5)

The General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi, as necessary, shall have the right to access and view the employment contract and the requests related to it at the web site www.uaesmartforms.com on the internet by entering the labour card number.

Article (6)

The General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi, as necessary and according to the competencies and responsibilities stipulated in their laws, shall link the facility subscription number and the employee’s security number and shall activate the ratification of the employee card.

Article (7)

After the General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi links the facility subscription number and the employee’s security number and approve the activation of the card, the Ministry shall print the card and send it by mail to the facility.

Article (8)

The steps and procedures mentioned in the articles above shall apply in case of any amendment to the employment contract using the same numbers linked to the facility subscription and the employee insurance.

Article (9)

The General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi may, as necessary, suspend the facility file at the Ministry temporarily on the network by entering the subscription number, in case the facility does not pay the due subscriptions including the employer’s share and the share of the insures. The file must be reactivated in the event of settling the subscriptions.

Article (10)

The facilities shall compete the procedures of employing nationals as stipulated in this resolution and acquire the labour card in accordance with the applied resolutions and executive regulations.

Article (11)

At the termination of the work relationship for any reason, the employer shall be obliged to notify the Ministry and cancel the labour card in accordance with the laws and regulations in force. In the event the employer does not meet this commitment, the work relationship shall be considered ongoing, and the Ministry, upon receipt of such notification, shall send a copy to the General Authority for Pensions and Social Securities or the Pensions and Retirement Benefits Fund for the Emirate of Abu Dhabi.

Article (12)

If the Authority or Fund received a notification from the Ministry or the facility to the termination of the work relationship, it shall conclude the procedures related to the pension rights of the worker and notify the Ministry in order to remove the worker from the facility file.

Article (13)

The unified employment contract system for nationals in the private sector as published on the website of National Resources Development and Employment Authority shall be cancelled, also the mentioned Ministerial Resolution No. (900) for 2002 shall be cancelled.

Article (14)

The labour cards of nationals shall be exempt from the fees mentioned in cells from (6) to (16) of the table in the First Article of the mentioned Cabinet of Ministers Resolution No. (19) for 2005.

Article (15)

Late fees mentioned in cells (21), (22) and (23) of the table in the First Article of the mentioned Cabinet of Ministers Resolution No. (19) for 2005 shall apply.

Article (16)

This resolution is effective from its issuance date and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Ministry of Labour and Social Affairs

Dated 26 December 2005

 

Ministerial Resolution No. 43 of 2005 on Occupational Quota in the Banking Sector

The Minister of Labour and Social Affairs;

After having reference to the Federal Law No 1, for 1972, on the functions of the Ministries and the powers of the Ministers, and the amending laws thereof;

And to the Federal Law No 8 for 1980, on regulation of labour relations, the amending laws thereof, and the resolutions and executive bylaws pertaining thereto;

And to the Federal Law No 27, for 1999 on the establishment of the National Human Resource Development and Employment Authority;

And to the Council of Ministers’ resolution No 10, for 1998 on increasing the percentage of Nationals in the UAE banks;

And to the Council of Ministers’ resolution No 259/1, for 2004 on enhancing UAE Nationals’ presence in the private sector;

Resolves as follows:

Article (1)

Banks operating in the UAE shall undertake to employ Nationals at an annual rate of 4%, pursuant to the Council of Ministers’ Resolution No. 10 for 1998.

Article (2)

The end of December of each year shall be the time when banks’ compliance with Article (1) hereof shall be determined.

Article (3)

Banks operating in the UAE shall provide Tanmia with updated data on their status of employment, Nationals’ recruitment records (name, recruitment date, grade, etc) and any other information that Tanmia may require. These data shall be filed in special forms and sent to Tanmia in the first half of July and the first half of January of each year.

Article (4)

Based on Tanmia’s reports, the Ministry of Labour will suspend dealings with banks that have failed to comply with Articles (1) and (3) hereof until they are proven, based on Tanmia’s recommendation, to have attained the prescribed Emiratisation percentage.

Article (5)

The concerned organs shall apply this Resolution as applicable.

Article (6)

This resolution shall come into force on the date of issue and shall be published in the official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 30 January 2005

Ministerial Resolution No. 42 of 2005 on Occupational Quota in the Insurance Sector

The Minister of Labour and Social Affairs;

After having reference to the Federal Law No 1, for 1972, on the functions of the Ministries and the powers of the Ministers, and the amending laws thereof;

And to the Federal Law No 8 for 1980, on regulation of labour relations, the amending laws thereof, and the resolutions and executive bylaws pertaining thereto;

And to the Federal Law No 27, for 1999. on the establishment of the National Human Resource Development and Employment Authority;

And to the Council of Ministers’ resolution No 202/2, for 2003 on setting Emiratisation quotas in the insurance sector;

And to the Council of Ministers’ resolution No 259/1, for 2004 on enhancing UAE Nationals’ presence in the private sector;

Resolves as follows:

Article (1)

Firms engaged in insurance activities shall undertake to employ Nationals at an annual rate of 5%, pursuant to the Council of Ministers’ Resolution No. 202/2 for 2003.

Article (2)

The end of December of each year shall be the time when firms’ compliance with Article (1) hereof shall be determined.

Article (3)

The firms engaged in insurance activities shall provide Tanmia with updated data on their status of employment, Nationals’ recruitment records (name, recruitment date, grade, etc) and any other information that Tanmia may require. These data shall be filed in special forms and sent to Tanmia in the first half of July and the first half of January of each year.

Article (4)

Based on Tanmia’s reports, the Ministry of Labour will suspend dealings with insurance firms that have failed to comply with Articles (1) and (3) hereof until they are proven, based on Tanmia’s recommendation, to have attained the prescribed Emiratisation percentage.

Article (5)

The concerned organs shall apply this Resolution as applicable.

Article (6)

This resolution shall come into force on the date of issue and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 30 January 2005

Ministerial Resolution No. 41 of 2005 on Occupational Quota in the Trade Sector

The Minister of Labour and Social Affairs;

After having reference to the Federal Law No 1, for 1972, on the functions of the Ministries and the powers of the Ministers, and the amending laws thereof;

And to the Federal Law No 8 for 1980, on regulation of labour relations, the amending laws thereof, and the resolutions and executive bylaws pertaining thereto;

And to the Federal Law No 27, for 1999 On the establishment of the National Human Resource Development and Employment Authority;

And to the Council of Ministers’ resolution No 259/1, for 2004. On enhancing UAE Nationals’ presence in the private sector;

Resolves as follows:

Article (1)

Trade sector firms employing 50 or more workers shall undertake to employ Nationals at an annual rate of 2%, pursuant to the Council of Ministers’ Resolution No. 259/1 for 2004.

Article (2)

This Resolution shall apply to all firms engaged in various forms of trade activities categorized under 50, 51, and 52 under the International Classification.

Firms engaged in the following activities shall be excluded:

Repair garages.

Scrap dealers.

 

Article (3)

The end of December of each year shall be the time when firms’ compliance with Article (1) hereof shall be determined.

Article (4)

Trade sector firms, as defined under Article (2) hereof, shall be bound to apply this Resolution once their manpower reaches 50 or more, at any time of the year. The Ministry of Labour shall quarterly update the list of firms based on Tanmia’s recommendation.

Article (5)

The Resolution shall also apply to trading firms with branches employing 50 workers or more if they are carrying the same trade name.

Article (6)

The firms to which the Resolution applies shall provide Tanmia with updated data on their status of employment, Nationals’ recruitment records (name, recruitment date, grade, etc) and any other information that Tanmia may require. These data shall be filed in special forms and sent to Tanmia in the first half of July and the first half of January of each year.

Article (7)

Based on Tanmia’s reports, the Ministry of Labour will suspend dealings with firms that have failed to comply with Articles (1) and (6) hereof until they are proven, based on Tanmia’s recommendation, to have attained the prescribed Emiratisation percentage.

Article (8)

The concerned organs shall apply this Resolution as applicable.

Article (9)

This resolution shall come into force on the date of issue and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 30 January 2005

 

 

Ministerial Decision No. 71/2 of 1982 on training of nationals in the existing establishment in the State, adopted 1982 [CANNOT FIND THIS ONE]

Ministerial Decision No. 50/1 of 1980 on the establishment of divisions for the recruitment of nationals and determining the rules and procedures to be complied with, adopted 1980. [CANNOT FIND THIS ONE]

Labor Disputes

Ministerial Resolution No. 307 of 2003 on Collective Labor Disputes 

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and minster’s capacities and the amending laws thereto;

Federal Law No. (8) of 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (11) for 1982 on organizing the procedures for the settlement of collective labour disputes;

Ministerial Resolution No. (48/1) for 1980 on forming conciliation committees to settle group disputes;

And based on what was proposed by the Undersecretary of the labour section;

And for the public interest,

It was decided:

Article (1)

A collective labour dispute is any dispute between an employer and his workers in relation to a joint interest to all workers or a group thereof at a specific facility, profession, craft, or sector.

Article (2)

Workers and employees shall resolve their collective disputes through direct negotiations, then mediation, then reconciliation, and finally arbitration in accordance with the procedures stipulated in this resolution.

Article (3)

The employer must notify the competent labour directorate in writing immediately in case of a labour dispute, at the same day it occurs, if this was not possible, the mentioned directorate must be notified of the dispute on the next working day. Work may not be halted nor the facility closed in violation of the provisions of this article.

Article (4)

If the dispute was not settled through direct negotiations between the two parties within a maximum one week from the date of its arising, either party may seek the mediation of the Director of the competent labour directorate to settle it. The Director of the directorate shall, of his own, call the parties of the dispute to appear before him, and shall take the necessary actions for mediation to resolve the dispute.

Article (5)

If the cause of dispute was the non-payment of due wages to workers or the violation of the employer or workers’ duties as imposed by the mentioned Federal Law No. (8) for 1980 or its executive regulations, the Director of the labour directorate must take the necessary legal procedures to guarantee the implementation of the provisions of the law.

Article (6)

Taking into account the provisions of the Fifth Article above, if the dispute was not settled within ten days from its start, the Director of the labour directorate must refer the dispute to the competent reconciliation committee while notifying the two parties in writing.

Article (7)

If the dispute was settled through mediation the Director of the labour directorate must write out a report of three copies containing the issues that were agreed upon to be signed by the Director of the directorate, the workers and the employer. This agreement shall be valid for the duration agreed upon by the two parties, provided that it is not less than two years.

Reconciliation

Article (8)

The Director of the competent labour directorate must hold a reconciliation committee upon being notified of a labour dispute, to be headed by himself and formed as follows:

Director of the labour directorate

A member of the Chamber of Commerce in the area, President, or any other representative selected by the employer parties in the dispute

A member of the coordination society for member professional societies in the area or any other representative as selected by the workers who are a party in the dispute

A legal researcher as a secretary and advisor without having a counted vote.

Article (9)

The employer and the workers who are the parties in the dispute must nominate a representative on their behalf for the membership of the reconciliation committee once the Director of the labour directorates requests it.

Article (10)

The reconciliation committee shall be responsible for the settlement of the group dispute that is referred to it by the Director of the labour directorate, and shall apply the rules and regulations stipulated in Law No. (8) for 1980 and the mentioned Cabinet of Ministers Resolution No. (11) for 1982.

Article (11)

The Head of the Committee may invite any of the workers, parties in the dispute, or specialists and discuss with them before the Committee. The Committee may also request to review the papers, documents, records, and other evidence and obligate the holder thereof to submit them, as well as conduct the requested investigation and take the necessary procedures to settle the dispute.

Article (12)

The Director of the Labour Relations Department at the Ministry offices in Abu Dhabi and Dubai, each within his scope of work, shall head the reconciliation committee in any of the following cases:

a- If the work headquarters of the disputing parties falls within the jurisdiction of more than one labour directorate.

b- In any other case the competent Undersecretary requests that.

Article (13)

Without prejudice to the mentioned Cabinet of Ministers Resolution No. (11) for 1982 A.D., if the decision by the reconciliation committee did not lead to the resolution of the dispute, anyone may request the referral of the dispute to arbitration within thirty days from the date of its start, and the competent labour directorate may also refer the dispute to arbitration on its own.

Article (14)

It is not permitted to halt work or close down the facility because of a labour dispute before exhausting all means and procedure for the settlement of group disputes as stipulated in this resolution.

Article (15)

If a labour dispute occurs because the employer or the workers violated the terms of the agreement resulting from mediation or reconciliation, the labour directorate must take the necessary legal action to guarantee the implementation of the provisions of the law and its executive regulations.

Article (16)

The following shall be considered the cause of and responsible for a group dispute in accordance with the laws in force in the country at the Federal and local levels:

Anyone who violates an explicit text of the law and its executive regulations in the dispute was caused by that violation

Anyone who violates an agreement resulting from mediation or reconciliation

Anyone who did not respond to any request or order for attendance issued by the Director of the labour directorate or the reconciliation committee.

Anyone who does not abide by the decision of the reconciliation committee despite agreeing in writing to accept its decision

Anyone who does not abide by the decision of the reconciliation committee once it becomes final even if he did not agree in writing to accept it.

Anyone who does not abide by the decision of the supreme arbitration committee.

Anyone who violates the stipulated procedures for the implementation of the decisions of the reconciliation and arbitration committees.

Article (17)

The penalties stipulated in Federal Law No. (8) for 1980, as mentioned and its executive regulations regarding the violations of this decision shall be applied in addition to the penalties stipulated in the federal and local laws in force in the country.

Article (18)

Ministerial Resolution No. (48/1) for 1980, mentioned above, shall be nullified.

Article (19)

This Resolution shall be published in the Official Gazette and shall be put into force thirty days following the date of its publication.

Matar Humaid Al-Tayer

Minister of Labour and Social Affairs

Dated 31 May 2003

Council of Ministers Order No. 11 of 1982 to Regulate Proceeding and Other Rules Necessary for the Good Progress of Work before Conciliation Boards and Supreme Arbitration Board for the Settlement of Collective Disputes

Council of Ministers:

The Federal law No. (1) of the year 1972 about the affair of ministries jurisdictions, ministers powers and the laws amending them, and the Federal law No. (8) of the year 1980 in the affair of organizing labour relations;

And pursuant to the offer of Minister of labour and Social Affairs and inspection of opinion of Minister of Justice, Islamic Affairs and Endowments:

The First Topic – In Conciliation Boards

Article (1)

Organizing the articles mentioned in this topic the rules, and proceedings applied before each conciliation Board which is referred to in this topic by the Board.

Article (2)

The location of the Board meeting is the labour office located in the location of the two dispute parties; so if the Board chairman is the director of labour relations directorate, the Board meeting location shall be in the Ministry location in Abu Dhabi or Dubai depending on conditions, and Board meeting shall not be true without the attendance of all members as well as the chairman.

Article (3)

The Board shall ask the opinion of whomever proficient and employers it decides during dispute inspection.

Article (4)

The Board chairman shall decide a session to inspect the dispute provided that the session appointment doesn’t exceed in maximum the Fourth day after the date arriving the labour department interested in referring the dispute to the Board, and two dispute parties shall be notified at least three days before the decided session appointment.

Article (5)

The Board shall issue its order in the dispute during two weeks from the date of referring the dispute to it.

And the Board orders shall be issued by considering the majority of opinions of the members and the Board order shall be binding for both the parties if they approve in writing accepting its order, and in this case a register shall be written including the issues agreed on, it shall be mentioned in it the period of the agreement effectiveness at least for two years, the register shall be in four copies signed by the Board chairman and the dispute parties and the applying register form shall be written in the register by a command from judge of the interested court located in the circle of the conciliation Board that determines the dispute.

The Board’s secretariat general shall deliver a copy of the register to each party of the dispute parties after writing the applying form in it, and the third copy shall be kept with the Board, and the fourth copy shall be sent to labour department to keep it in a special record, and all interested parties shall have the right to request a copy or a transcript of the mentioned register in accordance with the conditions decided by the labour department.

Article (6)

If any of the two dispute parties doesn’t approve the Board order, it shall have the right to appeal against the decision in front of the supreme arbitration Board during thirty days from the date of the decision issue; otherwise, the decision shall be final and obligatory and the party whom the decision was issued for his benefit shall have the right to ask the Board to write a register of that and the following proceedings shall be similar to rules of the previous article.

Article (7)

The Board in all circumstances whether it issued its decision partially or completely or if the decision was delayed more than the period decided in the first paragraph of the fifth article shall present a report to labour department interested in its work result, and the decision shall include the Board report about the considerations led to make the dispute, the surrounding circumstance and the suggestions the Board presented to conciliate them.

Second Topic – About the Supreme Arbitration Board.

Article (8)

Organizing the articles mentioned in this topic and the applicable rules and proceedings before the supreme arbitration Board.

Article (9)

The meeting of the Supreme Arbitration Board shall be in the location of the labour department where the work location of dispute parties is located in its circle or any other suitable place the Board decides, and the meeting shall not be considered true without the attendance of all its members as well as the chairman or his representative; everybody except the Minister of Labour and Social Affairs and the Judge of the Federal Supreme Court, who is a member of the Supreme Arbitration Board shall take oath before the Minister of Labour and social Affairs so as to perform their missions without fear or partiality.

Article (10)

The appeal shall be presented to the Supreme Arbitration Board in a pleading signed by the appellant and including reasons of the appeal and the documents leading to it attached, and this shall be within the period indicated in the Article No. (6) and the Board secretariat general shall notify the appeal with a copy of the pleading within seven days from the date of presenting it, and the appellee shall give this Board’s secretariat general a pleading of defense coupled with the supporting documents within two weeks from the date of notifying him with a copy of the appeal pleading.

Article (11)

The chairman of Supreme Arbitration Board shall decide a session whose appointment doesn’t exceed fifteen days from the date of arrival of the dispute parties’ dispute in a registered letter or any other suitable way the chairman of the Supreme Arbitration Board decides at least three days before the date of the session.

Article (12)

The Supreme Arbitration Board determines the presented dispute within one month from the date of the first session, and it shall issue its decision depending on the majority of its members opinions, and its decision shall be grounded, and considered final and binding to the two dispute parties.

Article (13)

The Supreme Arbitration Board shall decide hearing whomever witnesses it decides after making them take oaths and to delegate whomever proficient it decides, and it also shall have the right to view work places, inspect all documents and papers concerned in the dispute and do all proceedings that help it in determining the dispute.

Article (14)

The Minister of Labour and Social Affairs if he is not the chairman of the Board which issued the decision nor any of the two parties, shall have the right to request an interpretation or explanation of any issue in the arbitration decision if it is necessary, And the Supreme Arbitration Board shall issue its decision with the interpretation after listening to both the dispute parties if it believed it is necessary, and the two parties shall be notified with the decision the Board issued, and the interpretation shall be considered a complementary part of the original arbitration decision.

Article (15)

The chairman and the two members of the Supreme Arbitration Board shall obtain a monthly reward of two thousand Dirhams, and the chairman alternative in addition to the two alternative members shall obtain five hundred Dirhams as a reward against each session provided that this doesn’t exceed two thousand Dirhams monthly, the secretary general shall obtain a reward of six hundred Dirhams monthly.

Third Topic – General Rules

Article (16)

The advocates shall not be allowed to attend with the dispute parties before the conciliation Board, but they are allowed to attend before the Supreme Arbitration Board provided that they are licensed pursuant to legal profession organizing Law No. (9) of the year 1980.

Article (17)

The employees who are a party of the dispute shall be prohibited from stopping working neither completely nor partially because of the dispute during inspecting it before conciliation Board or the Supreme Arbitration Board, in addition, the employer shall be prohibited from closing the establishment completely or partially for the same reason.

Article (18)

The Minister of Labour and Social Affairs shall apply this order and make it effective from the date of announcing it in the Official Gazette.

Prime Minister

Ministerial Order No. 48/1 of 1980 on the formation of a Conciliation Board for the settlement of collective disputes, adopted 1980. [CANNOT FIND THIS ONE]

 

 

Occupational Safety and Health

Ministerial Resolution No. 37/2 of 1982 Regarding the Level of Medical Attention the Employer is Obliged to Provide his Workers

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and upon agreement with the Minister of Health;

And based on what was proposed by the Undersecretary of the Labour Sector,

It was decided:

Article (1)

The commitment of the employer to treating the workers must be according to the levels of medical attention shown in the articles of this resolution and within the limitation of the methods available for treatment in the country.

Article (2)

The employer in whose facility the number of workers doesn’t exceed fifty workers at one place, one country, or a radius of twenty kilometres must provide first aid means at the work places in his facility.

Article (3)

The employer whose number of workers exceeds fifty workers but less than two hundred workers in one place, one country, or a radius of twenty kilometres, in addition to his commitment to provide first aid means, shall use a nurse holding a nursing certificate recognised by the Ministry of Health who shall administer the said aid, and shall assign a physician to the workers clinic and their treatment at the place prepared by the employer for that purpose, providing them with the necessary medications for treatment for free.

If the treatment requires a specialist physician, the facility doctor shall advise in writing to treat the worker at a specialist physician, with the costs of treatment in this case shared equally between the employer and worker.

Article (4)

The employer who has two hundred workers or more in one place, one country, or a radius of twenty kilometres must provide the means of treatment stipulated in Articles (2) and (3) of this resolution, in addition to his commitment to provide all other means of treatment in the cases where treatment requires specialist physicians, surgeries, or other, as well as the necessary medications, all at the expense of the employer.

If the worker was treated at a government, private, or charity hospital or treatment home, the employer shall pay to the management of the hospital or home the cost of treatment, medication, and accommodation as specified by the Ministry of Health with respect to government hospitals and treatment facilities, and in accordance with what is decided by the managers of the private or charity hospital or home, or the institution affiliated to that hospital or care facility with respect to treatment at private of charity hospitals or treatment facilities.

Article (5)

The facility physician where the number of workers is two hundred or more must treat any of the illnesses in an ordinary way and decide to dispense the necessary medications, as well as refer the worker to a specialist or to the hospital in the cases where treatment requires that.

In this case, the worker may not ask to be treated at a specialist, to have a surgery, or to be treated at a hospital unless based on the decision of the facility physician or according to a certificate necessitating this issued by a specialist and approved by the competent medical administration or medical area at the Ministry of Health under which jurisdiction the facility falls.

A worker also may not request to be treated at a specialist other than those chosen by the employer or at hospitals not decided by him.

Article (6)

When selecting the place for the workers clinic and treatment, it should be taken into consideration that it would be as close as possible to the place of work and to have good ventilation and lighting, with health and comfort conditions. It should also be equipped with the necessary machines and equipment.

Article (7)

The costs for transporting the worker to the clinic should be at the expense of the employer at the times he specifies for treatment or checking.

The worker shall not be entitled to these expenses unless he follows the directions of the employer with respect to the times set for treatment or checking at the clinic, except in emergency and urgent situations.

The employer should allocate a mode of transportation for the sick and injured workers, in which case the worker may not refuse transportation as long as they are suitable for what it has been assigned for. The worker’s right to any transportation expenses shall cease to exist using the transportation means allocated by the employer without reasonable justification.

Article (8)

If the facility has a fund or a system for providing medical services and the worker subscribe to it so that he would have the right to treat himself and the members of his family, the employer shall lower the worker’s subscription fee to that fund or system in a way equivalent to the costs of his treatment at the expense of the employer in accordance with the provisions stipulated in this resolution.

Article (9)

Each employer using fifty workers or more must display the following data on the main doors used by workers to enter into the place of work:

a- Place of the workers’ clinic.

b- The treatment days and times at that clinic.

c- The address of the hospital and specialist physicians assigned to treat the workers and the times for that whenever the employer is obliged to them according to the provisions of this resolution.

The labour inspection section inspectors at the Ministry may order to hang all or some of the aforementioned data, depending on the case, in another place and in the appropriate places at the facility whenever they find it necessary. These data must be hung in a way that is easy for the workers to view.

Article (10)

The employer who uses foreign workers must affirm their physical fitness for work by a certified medical certificate proving that and that is certified by the competent official authorities. In all cases, the employer must confirm the physical fitness of the worker he shall use before hiring him through a medical investigation, and the result of that must be proved in a written report certified by the competent authority at the Ministry of Health.

Article (11)

Every employer must prepare a medical for every worker showing the following:

  • The results of the medical investigation of the worker upon joining work.
  • The results of the medical investigation and decided treatment whenever the worker takes a medical investigation and the date of each investigation.
  • The results of the medical tests carried out for investigation or treatment as well as the X-rays prepared for the worker for the same reason, if any.
  • The result of the investigation to affirm the absence of parasites and respiratory and skin diseases if any.
  • The period during which the worker was absent from work because of illness, provided that the days of absence because of ordinary illness, occupational illness or work accidents are explained separately.

These files shall be confidential with only the treating physician, employer or who represents him having access to them.

 

Article (12)

The employer who uses fifty workers or more must send a statement of two copies once every three months to the competent work directorate showing the number of workers who were treated at the expense of the employer, the types of their illnesses, and the days of absence during which they did not come to work because of illness.

 

Article (13)

The implementation of the provisions of this resolution shall not jeopardise or disable the other systems of treatment at the facilities if these systems were better to realise the medical treatment organised under this resolution.

 

Article (14)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

Dated 17 July 1982

Ministerial Resolution No. 32 of 1982 on Determining Prevention Means and Measures to Protect Workers from Work Hazards

Minister of Labour and Social Affairs:

Having reviewed the temporary constitution;

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships;

Upon the Ministry of Health poll;

And based on what was presented by the Undersecretary of the ministry,

It was decided:

Article (1)

Every employer must provide suitable means of prevention to protect the workers from the hazards of occupational injuries and illnesses that could happen during working hours as well as the hazards of fire and the remaining hazards that may result from the use of machines and other work equipment, and should also follow all other means of prevention decided by the Ministry of Labour and Social Affairs.

The worker should use the preventive equipment and clothes he is provided for that purpose and to carry out all the instructions of the employer that aim to protect him from hazards and to abstain from doing anything that would obstruct these instructions.

Article (2)

Every employer should display in a visible and obvious place at the work site detailed and clear instructions on fire prevention methods and the protection of workers from the hazards they may be exposed to while doing their work, the method of prevention, and how to handle any accidents as a result of that, provided that the instructions are written in Arabic as well as another language understood by the workers when necessary.

The employer must put warning signs in front of dangerous places.

Article (3)

Every employer or who represents him must inform his worker of the hazards of the profession they practice such as the hazards of fire, machines, falling, occupational illnesses and others before they start work.

Article (4)

Every employer must assign the supervision of the first aid to a specialist in providing medical assistance and provide the contents in Table (3) attached to this resolution in every first aid kit.

Article (5)

The employer must take all necessary means to confirm that the existing circumstances at work place provide sufficient protection for the health and safety of the workers hired at the facility, and should especially take the following into consideration:

a- The size of space assigned to each person shall not be less than four hundred square feet, provided the calculation of this space does not include any height exceeding fourteen feet.

b- Avoid any shortage of fresh air or slowness in its renewal, avoid bad or harmful currents and sudden changes in temperature, and get rid of excess humidity and heat as much as possible.

c- Provide sufficient and appropriate light, whether natural or artificial, by taking into account to keep the outlets, skylights, and other natural light openings and for the natural or artificial sources of light to provide homogeneous illumination, avoiding direct glare and reflected light, as well as considerable variations in light in close areas.

d- Provide suitable lighting for operations with various degrees of accuracy, guided by the attached Table (1).

e- Prevent or reduce noise and vibrations that are hazardous to the health of the worker according to the practically permitted levels.

f- Prepare a place for eating food at the times when it is forbidden for the worker to eat food at the work place. It is prohibited to eat food at the work places in the following circumstances:

  1. The works that include the use or handling of poisonous or harmful substances that may disperse in the air at work in the form of dust, smoke, vapour or other.
  2. The works in which the workers are exposed to harmful radiations.
  3. The works in which the workers are exposed to the contamination of the visible parts of the body such as hands and head, or in which the work clothes are contaminated with harmful materials.

Provide basins for washing hands that are sufficient and suitable to the number of workers present at the work places in general, providing them with the necessary cleaning equipment, as well as providing the sufficient number of toilets for the use of workers, as well as appropriate places for changing and keeping the workers’ clothes, taking into account to clean and maintain them regularly, and in all cases, each of the different genders of workers must have independent facilities.

 

Article (6)

The employer shall use the practical and suitable means to prevent or reduce the health hazards at the work places, shall take the following into consideration in particular:

a- The practice of the industrial and other operations shall not be hazardous to the health and safety of the workers.

b- The operations that are hazardous to health shall be undertaken in separate bodies to prevent the workers’ touching the hazardous substances, and prevent the leaking of spreading and thickening gas or vapours, dust, fibres, or smoke to the atmosphere of work in quantities that are harmful to health.

c- Block harmful radiations from workers.

d- Dispose of the materials hazardous to health that are present during industrial operations so that they do not exceed the required limits as mentioned in the attached Table (2).

e- Regularly dispose of the harmful dust, spreading or thickening vapours, gases, and fibres at their source or close to it using suction devices, through another suitable engineering method, or find a suitable ventilation system.

f- Provide workers with protective clothes equipped with devices and other appropriate tools to protect the person if the preventive methods followed were impractical or insufficient to secure the health of the workers, provided that the workers are trained to use these machines and means, and to appropriately store and provide the necessary capabilities to clean, disinfect and maintain them at the possibility of their contamination with poisonous or hazardous substances during work, each according to the requirements of the nature and conditions of every work.

 

Article (7)

The following should be taken into consideration at the work place:

a- The flooring of the work room shall be level and made of a substance suitable for the work carried out in it.

b- Leave distances around machines or units to allow workers to pass through and carry out the ordinary works without obstacles, and in a way that allows the operations of compressing or repairing machines or transporting the substances used in work.

c- The passages should be clear of holes, unsecured sewage covers, protruding nails and pipes, and the gauges fixed vertically, or any other installations that constitute a danger of collision and the material must not subject those walking on it to the danger of slipping.

d- The passages must not be crowded with raw materials, work equipment, products, or materials in a way that constitutes an obstacle to the workers in their walking and subject them to the danger of collision or tripping.

e- Stairs, high walkways, and similar places shall be equipped with slip free materials.

f- The opening of land ladders shall be surrounded from all sides by a fence with the exception of the stair entrance, and this fence shall be made of bars placed close to each other to prevent passage, or these openings shall be covered with metal covers on hinges that prevent the fall of anything that would subject those below to the danger of injury.

g- The steps of the stairs shall be strong enough and of sufficient width to allow safe passages. The sides shall have guards on both sides if one was not against the wall.

h- The mobile ladders must be sturdy with the steps at appropriate distances and the bases and heads provided with appropriate focal methods that prevent their slipping. mobile ladders made of wood must not be painted with any type of paint.

 

Article (8)

The employer shall provide the necessary means to prevent fire, as well as the appropriate extinguishers for the materials existing at the facility and the materials used in industries, and shall take the following into account:

1- Provide entrances, exits, and stairs at the work place to facilitate the exit of workers in case of a fire in them or in any part of them without crowding.

2- The fire methods and equipment shall always be suitable to serve their purpose, in addition to training a sufficient number of workers on using them. They must be free of any obstacles and put in appropriate places for easy reach.

3- There should be an alarm in the event of a fire, and workers shall be trained on responding to it in the case of a danger alarm.

4- In the event of numerous work rooms connected by openings, there must be fire separating doors to prevent its spread from one room to the next.

5- Hang indicative signs to prevent fire or its causes in flammable areas in the work place, stating in the said signs how to exit and the locations of the exits in a clear place in Arabic as well as another language understood by the workers when necessary.

 

Article (9)

The employer must take the necessary precautions to protect the workers from the dangers of falling, falling objects, flying debris, sharp materials, caustic liquid materials, hot materials, flammable materials, explosives, or any other materials with a harmful effect, as well as the necessary precautions to protect the workers from the hazards of pressurized gases and electricity, either by using suitable safety equipment suitable for that purpose of by personal methods such as glasses, gloves, belts, suits, masks, or other protective clothes, provided that they are appropriate to the nature of the operations exercised in it and the materials used in every operation.

 

Article (10)

The employer must always and continuously surround the moving parts of movement generators, transmission equipment, and the dangerous parts of machines, whether fixed or mobile with suitable protective barriers, unless it was taken into account when designing and installing these parts to provide full protection as it covered by protective barriers.

 

Article (11)

The employer must take the following into consideration when erecting the barriers mentioned in the previous article:

1- To work on the full protection from the hazard it was put to prevent.

2- To prevent the worker or any part of his body from reaching a dangerous part during the performance of work and not obstructs its performance.

3- Not to be cause for hindering production or machines.

4- Not to prevent the calibration or repair of the machine or inspecting it with the least possible maintenance.

5- To resist fire and rust.

6- Not to cause accidents for having sharp parts, sharp edges, or rough edges, nor will it be the source of any accidents.

 

Article (12)

The employer, when installing new machines, operating equipment or parts thereof, shall take into account to provide them with protective methods to comply with the necessary preventive system.

 

Article (13)

The employer may not allow any person to remove or install any barrier or any of the preventive equipment, unless the machine was not working, and it may not be operated except after it is returned to its place.

 

Article (14)

The employer should hang guiding signs in the place where the machines are or where the various operations take place in which he shows the type of the necessary technical operations in Arabic as well as another language understood by workers when necessary.

 

Article (15)

Every worker must adhere to the orders and instructions related to the work safety precautions and his safety, and should use preventive methods and pledge to care for what he has. The worker is prohibited to attempt any action that might lead to the non-implementation of the mentioned instructions, the misuse of the methods placed to protect the health and safety of the workers, or damage or destroy these methods.

The employer shall guarantee the penalties list include penalties for all those violating the provisions stipulated in the previous paragraph.

 

Article (16)

In case of using the steam boilers, the employer must take the following into consideration:

  1. Every boiler must be equipped with a suitable safety valve, suitable valves, a measure of the water level, and a measure of steam pressure, and all these machines must be working in good conditions throughout the use of the boiler.
  2. An appropriate and sturdy room must be allocated for the boiler, provided that that room is separate and at least three metres away from any other building in the facility, with good lighting.
  3. A competent person must be assigned to watch the boiler, with a suitable place prepared for him inside and outside the boiler room so that he is able to watch effectively.
  4. The boiler must be stopped for maintenance once every two months at least for cleaning and maintenance, with the maintenance operation assigned to a competent person who observes all safety procedures during maintenance.
  5. The boiler must be inspected at least once a year by a competent person licensed by the competent labour directorate.
  6. The person conducting the inspection must prepare a report showing the state of the boiler and the inspection steps followed, provided that the facility owner sends a copy of that report to the competent labour directorate keeping at copy at the facility.
  7. In case of using pressure vessels, they should be of materials that do not react with chemicals and rust, and shall be inspected annually to determine their validity by a competent person who is licensed by the competent labour directorate, preparing a report at each inspection a copy of which shall be sent to the labour directorate.

 

Article (17)

Workers shall be prevented from entering the areas in which the machines are operated unless wearing clothes suitable to the nature of the work as specified by the facility to guarantee the safety of workers.

 

Article (18)

The employer shall take the necessary precautions to protect workers from hazardous substances by storing them safely in special places or by surrounding them with suitable barriers or fences. It shall be observed in case of storing them in containers that they are tightly shut, with a label bearing their names, the correct method of using them, and methods of protection, with a warning of their hazards, which shall be written in Arabic as well as another language understood by the workers if necessary.

 

Article (19)

The employer must take the necessary precautions to protect the workers carrying out the construction, demolition, and digging jobs from work hazards as follows:

a- With respect to digging and demolition:

  1. When digging a trench or hole, the digging must always begin from top to bottom, confirming that it is at an incline suitable to the soil being dug. Also the sides of the holes with depths exceeding 1.5 metres must be re-enforced with sturdy wooden beams to prevent the collapse of the soil in the hole, as well as provide safe passages for the workers to haul the soil with warning signs put at the edges of the holes to prevent against falling into them.
  2. The hauled soil from the holes must not be accumulated next to the holes, but should be placed at a suitable distance from these holes that would not allow their sliding in the direction of the holes.
  3. Demolition should start from the upper levels, while taking the necessary procedures to support the walls protruding from the buildings that are feared might fall, with the need to separate them technically before starting demolition. It is necessary for an experienced supervisor to be present throughout the demolition.
  4. Demolition debris must not be thrown from above, but must be removed either by lever machines or through inclined walled passages with the need to fence the place where debris is collected.

b- With respect to construction work:

  1. Scaffolds and walkways must be of sufficient width to allow the passage of workers safely without falling. These Scaffolds and walkways must also have side barriers if they were more than eight metres higher than the surface of earth, with the need to provide workers with protective belts against falling and to confirm the sturdiness of where they are secured.
  2. The roofs of the work area must be fenced if the nature of work necessitates climbing to them, also the skylights through these roofs must be fenced or covered in a way that prevents people or equipment to fall.
  3. It should be observed to make solid protective overhead shields of sufficient width and barriers of suitable height to protect the workers or passers-by from the hazard of things falling on them.

 

Article (20)

The following should be taken into consideration regarding the lifting and dragging machines and tools:

  1. Each lift, or passenger or cargo elevator must be well made, with sufficiently solid parts, and shall have the necessary technical maintenance, it should also be tested periodically, at least once a year, by an expert.
  2. The elevators ascending and descending areas must be surrounded by a solid and high fence to prevent any person from approaching or jumping over the moving parts of the elevator, and the doors must not open unless the elevator is stationary.
  3. An indication of the maximum load must be put at an obvious place on the machine or elevator.
  4. The worker must not be assigned to carry loads heavier than he could bear, and in all cases, the weight of the load must not exceed (50) Kilograms for a man and (20) Kilograms for a woman, taking into account to use the leverage when possible to carry weights instead of depending on the human effort only.
  5. The design of chains, ropes, or pulling wires and the like must be well made and shall be given full and continuous maintenance, shall not be used to carry more than their load, and shall be inspected at least once every six months regularly.

 

Article (21)

The facility that appoints a contractor to undertake any of the various construction and building operations must notify the competent labour directorate at least one week before starting the demolition through a statement that includes the following:

a- Name of facility or original contractor.

b- Name of subcontractor.

c- Type of operation.

d- The place where the work will be carried out.

e- The date of beginning work and the duration of the execution.

 

Article (22)

The responsibility of providing industrial safety equipment in contracting works with respect to the employer, original contractor and subcontractors shall be according to the following:

a- Providing industrial safety conditions with respect to the work place and its equipment shall be the responsibility of the employer who owns their use.

b- Providing personal protective equipment to the workers shall be the responsibility of who contracts them.

 

Article (23)

The competent labour inspector may take a sample or samples of the materials used or circulated in industrial or other operations subject to inspections, which he believes has a harmful effect on the health and safety of the workers for the purpose of analysing them to find out the extent of that effect, notifying the employer or his representative of the result of the analysis, and take the necessary procedures on the matter. He may, if necessary, request conducting a medical examination on the workers at the facility as well as lab tests to confirm the appropriateness of the work conditions and their effect on the health and preventive levels of the workers. This examination shall be carried out during working hours at the facility and after hours if carried out outside the facility in accordance with the procedures stipulated in Article (175) of Law No. (8) for 1980 A.D. on organizing work relationships.

 

Article (24)

The employer must notify the competent labour directorate of the accidents that might take place in any facility during working hours, or because of the work, and which causes any of the following damages:

a- The death of the worker.

b- Fire or explosion.

c- Preventing any worker from performing his job for three days or more.

The employer must notify these accidents in accordance with the form shown in Table No. (4) attached to this resolution, provided that notification is as follows:

  1. In cases of worker’s death, fire or explosion, notification must be as soon as the accident occurs and using the fastest possible method of communication.
  2. In the event of preventing the worker from performing his job for three days or more, notification shall be within 24 hours from the incident.

In all cases, every employer must notify the competent labour directorate of a statistic every three months of two copies on the work injuries and occupational illnesses according to the form prepared for this purpose provided that the time of sending it does not exceed fifteen days from the mentioned three months period. The employer shall keep a third copy at the facility to make it easier for the competent labour inspector to review when visiting the facility.

 

Article (25)

The labour inspector assigned the missions specified in this resolution must be competent as follows:

1- In case of exercising the duties pertaining to industrial security, he must be an engineer or a technician experienced in this field.

2- In case of exercising the duties pertaining to occupational health, he must be a physician or technician specialising in the field of occupational health.

 

Article (26)

1- Every industrial facility that employ at least one hundred and fifty workers must appoint an industrial security officer who works full time for that purpose and shall assign him the duties of protection from the various hazards and supervise the implementation of the provisions of the law on that matter.

2- It is necessary for the industrial security officer at the facility with more than one thousand workers to be an engineer or qualified technician in the field of industrial security. With respect to the facilities with less than one thousand workers, he must be a graduate of industrial high schools with an experience in the field of industrial security.

3- The competent labour directorate shall ratify the competence of the industrial security officers that should be appointed under this article.

 

Article (27)

The Undersecretary may, by a decision, take some other precautions as necessitate by the nature of work in any industry, operation, or facility. The Undersecretary is assigned to make amendments to the tables attached to this resolution whenever there are scientific or technical developments that necessitate these amendments. In the two cases mentioned in the two previous paragraphs, directives or amendments are issued after polling the opinion of the Ministry of Health and the other competent authorities.

 

Article (28)

The Undersecretary may issue the forms necessary for the implementation of this resolution.

 

Article (29)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

 

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

 

Ministerial Resolution No. 27/1 of 1981 on Determining Remote Areas as Mentioned in the Law Regulation Work Relationships No. 8 of 1980

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 A.D. in regards to organizing the work relationships.

And based on what was presented by the Undersecretary of the ministry,

It was decided:

Article (1)

I- Remote areas are areas far from cities in the interpretation of Article 101 of Law No. (8) for 1980 A.D. as mentioned and for the purpose of its implementation shall be the following locations: ‎

First: Abu Dhabi:

  1. Delma Island.
  2. Das Island.
  3. Ghayathi Area.
  4. Al-Saadiyat Area.
  5. Al-Dhafra Area.
  6. Al-Sila Area.
  7. Al-Samha Area.
  8. Al-Hir Area.
  9. Al-Wagn Area.
  10. Medsis Area.
  11. Umm Ghafa Area.
  12. Al-Hamdaniya Area.
  13. Al-ShoaibArea.
  14. Al-Bahr Area.
  15. Bou Rahma Area.
  16. Mazyad Area.
  17. Remah Area.
  18. Al-Ruwais Area.
  19. Jebel Al Dhanna Area.
  20. Tarif Area.
  21. Bahariya Islands.
  22. Zerkouh, Maizer Area.
  23. Sweihan Area and others

Second: In the Northern Emirates:

  1. Al Hamraniyah Area.
  2. Al-Maliha Area.
  3. Al ManaeiArea.
  4. Masafi Area.
  5. Abu Musa Island.
  6. Al-Hamidiya Area.
  7. Hatta Area.
  8. Masfout Area.
  9. Al-Siji Area.
  10. Khatt Area.
  11. Al-Khazna Area.
  12. Ethn Area.
  13. Ghalila Area.
  14. Al-Mudam Area.
  15. Al-Bathna Area.
  16. Al-Tawyeen Area.

II- Remote areas are considered also any work area that is twenty five kilometres away from the nearest city or village and cannot be reached by public transport.

 

Article (2)

Any employer who uses workers in the areas specified in the previous article must provide them with the following services:

  1. Appropriate means
  2. Appropriate housing of transportation.
  3. Potable water.
  4. Appropriate food stuff.
  5. Means of medical aid.
  6. Facilities of entertainment and sport activities.

With the exception of food materials, the services mentioned in this article shall be at the expense of the employer and the worker must not bear any of it.

 

Article (3)

Public buses for the paid use of the public and communal taxis are considered some of the ordinary means of transport mentioned in Article (1) of the resolutions.

 

Article (4)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

Dated 19 April 1981

Ministerial Resolution No. 4/1 of 1981 on Defining Works that are Hazardous or in Which it is Permissible to Reduce the Legally Decided Working Hours

 Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 A.D. in regards to organizing the work relationships;

And based on what was presented by the Undersecretary of the ministry;

It was decided:

Article (1)

Workers may not be made to work for more than seven hours a day in the following works and industries:

  1. Working in front of ovens at bakeries.
  2. Oil refining.
  3. Manufacturing cement.
  4. Manufacturing ice.
  5. Working at cooling stores and warehouses.
  6. Manufacturing fertilizers, mineral acids coefficients, chemical crops.
  7. Working in filling cylinders with pressurised gases.
  8. Processes for melting fat and making wax.
  9. Work at mines and quarries.
  10. Manufacturing dyes and varnish.
  11. Foundry.
  12. Making glue.
  13. Making glass.
  14. Sugar manufacturing and refining.
  15. Making and packaging bleach and chalk.
  16. Oil squeezing industry using mechanical methods.

 

Article (2)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

 

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

Dated 6 January 1981.

 

Employment of Juveniles and Women

Ministerial Resolution No. 1189 for 2010 Regulations and Conditions for Issuing Work Permits to Minors

The Minister of Labour:

After reviewing Federal Law No. (1) for 1972 and the amendments thereto regarding ministry competencies and ministerial powers,

Federal Law No. (8) for 1980 and the amendments thereto regarding the regulation of work relationships,

Federal Decree No. (48) for 2004 regarding the ratification of the Arab Labour Agreement No. (18) for 1996 concerning the work of minors,

Cabinet of Ministers Resolution No. (25) for 2010 regarding internal work permits applicable at the Ministry of Labour,

Cabinet of Ministers Resolution No. (27) for 2010 regarding fees and fines for services provided by the Ministry,

Ministerial Resolution No. (5/1) for 1981 regarding the definition of activities that are dangerous, arduous, or detrimental to health and for which it shall be unlawful to employ young persons therein,

And Ministerial Resolution No. (1188) for 2010 regarding the regulations and conditions for granting internal work permits.

It was decided:

Article (1)

The Ministry may only approve the issuance of a work permit to a foreign minor after ensuring that there is no one among the citizens seeking employment able to perform the requested job.

Article (2)

The Ministry may only approve the issuance of a work permit to minors under the following conditions:

Written consent from the parent of legal guardian of the minor.

Birth certificate or a certificate estimating the age of the minor issued by the competent official medical authorities.

Physical fitness certificate for the requested work issued by the competent official medical authorities.

The foreign minor and his parents have a valid residency shown on their passports.

The work in which the minor is to be employed is not one of the prohibited works under this Resolution or the resolutions issued in this respect.

The license of the establishment – the party submitting the request – is valid

Payment of the fees for this permit.

 

Article (3)

The employer may not employ minors in any of the following works:

  1. Working underground in mines and quarries and all works related the extraction of metals and stones.
  2. Working in furnaces for incinerating, refining, or tempering metallic substances.
  3. Oil refineries.
  4. Working in front of ovens at bakeries.
  5. Cement plants.
  6. Ice and refrigeration plants.
  7. Silvering mirrors using mercury.
  8. Manufacturing explosives and related activities.
  9. Melting and tempering glass.
  10. Welding using oxygen, acetylene, and electricity.
  11. Painting using Duco.
  12. Treatment, preparation or storage of ashes containing lead and the extraction of silver from lead.
  13. Manufacturing tin and metallic components containing more than 10% lead.
  14. Manufacturing lead monoxide (gold lead) or yellow lead oxide, lead dioxide (sulphonamides), lead carbonates, orange lead oxide, and lead sulphates, chromates, and silicates.
  15. Mixing and kneading operations in the manufacturing or repair of electrical batteries.
  16. Cleaning workshops where work mentioned in items (12), (13), (14), (15) of this article take place.
  17. Management, monitoring, repairing or cleaning moving machines during operation.
  18. Manufacturing Asphalt.
  19. The manufacture of oil extracts through mechanical means.
  20. Manufacturing fertilizers or working at fertilizer warehouses or laboratories for mineral acids and chemical products.
  21. Working at tanneries.
  22. Skinning, cutting, depilation by scalding, and melting the fat of animals.
  23. Manufacturing rubber.
  24. Filling cylinders with compressed gases.
  25. Shipping and unloading cargo in docks, piers, ports and warehouses.
  26. Transportation of passengers by land or domestic waters.
  27. Manufacturing coal from animal bones (except for the process of sorting bones before burning).
  28. The process of bleaching, dying and printing textiles.
  29. Working as servers at nightclubs.
  30. Working at bars.
  31. Carrying, dragging or pushing weights heavier than the figures provided in the table attached to this Resolution.

Article (4)

Every employer wishing to employ a minor shall abide by the following provisions:

a) Acquire, before employing the minor, the following documents, and keep these documents in the minor’s file at the establishment:

  • His birth certificate, an official extract thereof or a certificate estimating his age, ratified by the competent official health authorities.
  • Physical fitness certificate for the requested work issued by the competent official medical authorities.
  • Written consent from the minor’s parents or legal guardian

b) To keep a special file for minors at the workplace, showing the name and age of the minor, the full name of his parent or legal guardian, place of residence, employment date, and the work for which he is hired.

c) Not to employ minors at night in manufacturing projects. The word “night” refers to a period not less than twelve successive hours including the period from 8pm to 6am.

d) The maximum actual working hours for minors shall be six hours per day, including one or more breaks for resting, meals, or prayer, no less than one hour in total. This period or periods shall be set so that the minor does not work more than four consecutive hours. If the minor’s work includes a period of preparation or training, this period shall be calculated in his working hours. In all cases, the minor must not be kept at the workplace for more than seven consecutive hours.

e) The minor shall not be assigned to work overtime under any circumstances, nor shall he remain at the workplace after the assigned work hours, or made to work on holidays.

f) The employer shall be obliged to insure the national minor, if so required by the Ministry.

g) The employer shall: train the minors working for him how to use the occupational safety and health equipment, monitor the application thereof, and ensure their benefit from such means.

h) Inform the parent or legal guardian of the minor of any illness, absence, or action by the minor during work hours that they should be aware of.

i) To maintain records or data that include the information necessary for the nature of the job and the interest of the minor, particularly:

  • Names, ages and employment dates of minors.
  • The jobs assigned to the, work hours, breaks, and due vacations.
  • Date of the medical examinations they undergo and the medical certificates showing their abilities and health capabilities to do the work.

j) To place the provisions pertaining to the employment of minors in a prominent location at the workplace.

k) To inform the competent authority at the ministry of the names of the minors working for him, their ages, employment date, and any other information concerning them that is requested by the Ministry.

Article (5)

The minor shall be entitled to all the rights of workers under the aforementioned law regulating work relationships and the resolutions issued for its implementation, if the conditions for its entitlement are fulfilled by the minor.

Article (6)

The Assistant Undersecretary for Labour Affairs shall issue the procedural manual regulating the procedures to issue work permits for minors.

Article (7)

Work permits for minors issued by the Ministry and currently in force shall remain valid until their dates of expiry. Any new permits shall be issued in accordance with this Resolution. Work permits for minors that are issued in accordance with the provisions of this Resolution shall not be renewed if expired, and the establishments, if they wish for the continued employment of the minor, shall apply for new permits.

Article (8)

Any text or provision contrary to this Resolution shall be null and void.

Article (9)

This Resolution shall be published in the Official Gazette and shall be put into force as of 1/1/2011.

Saqr Ghobash

Minister of Labour

Issued by us in Abu Dhabi on: 29/11/2010

Ministerial Resolution No. 6/1 of 1981 on Defining Work that is Hazardous, Tiresome, or Harmful to Health or Morals, and Where Women Should not be Employed Therein

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 A.D. on organising work relationships and after seeking the opinion of the competent authorities in the country in that respect.

And based on what was presented by the Undersecretary of the ministry,

It was decided:

Article (1)

It is not allowed to employ women in the following occupations:

  1. Working underground in mines, quarries, and all work related to the excavation of metals and stones.
  2. Working at furnaces prepared for incinerating, refining, or maturing metalling substances.
  3. Industry of explosives and related works.
  4. Welding with oxygen, acetylene and electricity.
  5. Melting and maturing of glass.
  6. Silvering mirrors using mercury.
  7. Painting using Duco (auto-paint).
  8. Treatment, preparation and reduction of ash containing lead and extracting silver from lead.
  9. Tin industry and the mineral compounds containing more than 10% lead.
  10. Manufacturing lead monoxide (golden spirit) or yellow lead oxide, lead dioxide (sulphonamides), lead carbonates, orange lead oxide, and lead sulphates, chromate, and silicates.
  11. Mixing and making paste in the manufacture or repair electric batteries.
  12. Cleaning the workshops where works mentioned in items (8, 10, and 11) take place.
  13. Managing or monitoring driving machinery.
  14. Repairing or cleaning driving machinery during operation.
  15. Manufacturing asphalt.
  16. Working at tanneries.
  17. Working at fertilizers warehouses that are extracted from animal substances, faeces or blood.
  18. Skinning, cutting and scalding animals, melting their fats.
  19. Manufacturing rubber.
  20. Loading and unloading cargo in docks, platforms, ports and warehouses.
  21. Manufacturing coal from animal bones, with the exception of sifting bones before burning.
  22. Working at bars.

 

Article (2)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

Dated 6 January 1981

Ministerial Resolution No. 5/1 for 1981 on Defining Works that are Hazardous, Arduous or Harmful to the Health and Where Minors are Prohibited to Work

Minister of Labour and Social Affairs:

After reviewing Federal law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 A.D. on organising work relationships and after seeking the opinion of the competent authorities in the country in that respect;

And based on what was presented by the Undersecretary of the ministry,

It was decided:

Article (1)

It shall be strictly prohibited to employ minors under the age of seventeen in the following industries:

  1. Working underground in mines, quarries, and all work related to the excavation of metals and stones.
  2. Working at furnaces prepared for incinerating, refining, or maturing metalling substances.
  3. Oil refining factories.
  4. Working in front of ovens at bakeries.
  5. Cement factories.
  6. Ice and cooling factories.
  7. Silvering mirrors using mercury.
  8. Making explosives and related works.
  9. Melting and maturing of glass.
  10. Welding with oxygen, acetylene and electricity.
  11. Painting using Duco (auto-paint).
  12. Treatment, preparation and reduction of ash containing lead and extracting silver from lead.
  13. Tin industry and the mineral compounds containing more than 10% lead.
  14. Manufacturing lead monoxide (golden spirit) or yellow lead oxide, lead dioxide (sulphonamides), lead carbonates, orange lead oxide, and lead sulphates, chromate, and silicates.
  15. Mixing and making paste in the manufacture or repair of electric batteries.
  16. Cleaning the workshops where works mentioned in items (12, 13, 14 and 15) take place.
  17. Managing or monitoring driving machines, or their repair or cleaning during operation.
  18. Manufacturing asphalt.
  19. Oil squeezing using mechanical methods.
  20. Manufacturing fertilizers, mineral acids coefficients, chemical crops or working at their warehouses.
  21. Working at tanneries.
  22. Skinning, cutting and scalding animals, melting their fats.
  23. Manufacturing rubber.
  24. Working in filling cylinders with pressurised gases.
  25. Loading and unloading cargo in basins, platforms, ports and warehouses.
  26. Transporting passengers over land or in internal waters.
  27. Manufacturing coal from animal bones, with the exception of sifting bones before burning.
  28. Bleaching, dyeing, and printing textiles.
  29. Lifting, pulling, or pushing heavy loads if their weight exceeded what is shown in the table attached to this resolution.
  30. Working as waiters at clubs.
  31. Working at bars.

Article (2)

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

Seif Ali Al-Jarwan

Minister of Labour and Social Affairs

Issued on 6/1/1981 A.D.

 

Ministerial Resolution No. 47/1 for 1980 Exempting some Institutions from some of the Provisions Stipulated in the Law Organizing the Relations Pertaining to Employing Minors and Women

·On sight the rules of the temporary constitution,

And the federal law No. (1) for the year 1972 concerning the specialties of ministries and the offices of ministers and its amendments thereof;

And the Federal Law No. (8) for the year 1980, regulating the relations of labor;

And pursuant to what has been shown by the Undersecretary,

Does hereby order the following:

Article (1)

Excluding the educational foundations and charities which aim at qualifying and vocationally training the women and the young’s from the rules of Articles (20, 22, 23, 27, 35) of the Law No. (8) for the year 1980 according to the following rules.

Article (2)

The educational foundations and charities referred to in the previous article benefit from the freeing determined in the terms of the following conditions:

a) The foundation must be registered in the specialized official authorities in this description.

b) Its actual aims must be qualifying and vocationally training the women and minors.

c) The by laws of the foundation must clearly refer to the following:

  • Nature of the jobs done by them.
  • Working hours
  • Conditions of the employment.

These jobs, working hours and those conditions mustn’t contradict with the real energy of the women and the minors.

 

Article (3)

The actual activity of the foundation mentioned in its bylaws must be identical to what has been mentioned in the previous article.

 

Article (4)

The exclusion reported in this resolution becomes invalid of the foundation violates its actual activity, aims and the conditions of employment stated in its bylaws.

Such rule becomes valid if the foundation has changed its bylaw which changes its purposes and the conditions mentioned in Article (2) of this Resolution.

The Ministry authorized staffs will take the charge of monitoring the foundation and its activity in this regard.

 

Article (5)

This Resolution shall be published in the Official Gazette to become valid from the date of issue.

Seif Ali Al-Jarwan

Minister of Labor & Social Affairs

 

Ministerial Resolution No. 46/1 of 1980 on Defining the Works in Which Women Can Be Employed at the Time Between 10 PM and 7 AM

Minster of Labour & Social Affairs:

On sight the temporary constitution;

And Federal Law No.1 for the year 1972 concerning the specialties of the ministries;

And law No.8 for the year 1980, organizing the relations of the employment;

And pursuant to what has been shown by the Undersecretary,

Does herby order the following:

Article (1)

Women are allowed to practice the following professions from 10:00 pm to 7:00 am:

  • Working in hotels, restaurants, inns, cafes, buffets, theatres, movie theatres, halls of music and singing and other similar shops.
  • Working in transporting persons and goods by interior water routes or by air including the offices of tourism and airlines and in airports.
  • Procedures of the annual stocktaking, setting up the budget and clearance, closing accounts and getting always ready for selling in low prices and opening seasons. In this case, it is conditioned that the days of work, in which women are allowed to work at night, mustn’t exceed more than fifteen days in a year except if the special labour department gives license for longer periods.
  • If the job aims preventing a dangerous accident to happen or restoring what is resulted from it, or avoiding an inevitable loss of some materials which may become spoiled.
  • If the job aims facing an extra ordinary pressure of work. In the last two cases it is conditioned informing the special department of labour inspection of the statement of the extraordinary case within 24 hours and the requires period for the job so as to get a written approval from it.
  • Working in the commercial shops in the month of Ramadan and the three days which precede the Greater Bairam “Eid Al Adha”.
  • Working in hospitals, sanitariums, doctors’ clinics and other treatment centres.

 

Article (2)

This order shall be published in the official newspaper and to become valid from the date of issue.

Seif Ali Al-Jarwan

The Minister of Labour & Social Affairs

 

Working Hours and Places

Ministerial Resolution No. 235 of 1984 to amend some of the provisions related to Ministerial Resolution No. 7/1 of 1981 on the Exempted Categories from the Provision Related to Working Hours

Ministry of Labour and Social Affairs:

After ‎reviewing ‎Federal ‎Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal‎ Law No. (8) for 1980 in regards to organizing the work relationships;

Cabinet of Ministers Resolution No. (1) for 1977 on the system of the Ministry of Labour and Social Affairs and its amending resolutions;

And ‎based ‎on ‎what‎ was ‎presented by the Undersecretary for Labour Affairs;

It was decided:

Article (1)

Article 1 of the amended Ministerial Resolution No. ‎7/ 1 of 1981 shall be amended as follows:

The ‎provisions ‎pertaining ‎to ‎determining ‎the ‎working ‎hours ‎as ‎mentioned‎ the ‎Part‎ One‎ of‎ Chapter ‎Four‎ of ‎Federal Law‎ No.‎(8)‎ for 1980 ‎as‎ mentioned‎ shall ‎not ‎apply‎ to ‎the‎ following ‎categories:

a- The Chairmen‎ of ‎the‎ Boards‎ of‎ Directors ‎and ‎the ‎acting ‎members of the said boards.

b- General‎ Managers.

c- Heads‎ of‎ Departments.

d- Those ‎who ‎hold ‎supervisory ‎posts ‎at ‎the ‎facility.

Article (2)

Article 2 of the amended Ministerial Resolution No. ‎7/ 1 of 1981 shall be amended as follows:

“It is required for the implementation of the exclusion mentioned in the previous article on the categories listed in it for the holders of these categories to exercise the authorities of the employer over the employees or to be delegated the said authorities”.

This Resolution shall be published in the Official Gazette and shall be put into force as of the date of its publication.

Khalfan Mohamed Al-Roumi

Minister of Labour and Social Affairs

 

Ministerial resolution No. 49/1 for the year 1980 on Specifying the Jobs which Require Non Stop Work and How to Give the Workers Times for Rest, Food and Prayer

Minister of Labour and Social Affairs:

At sight the rules of the temporary constitution;

And the federal law no. (1) for the year 1972 concerning specialties of the ministries and offices of the ministers;

And the federal law no. (8) for the year 1980, regulating the labour relations;

And pursuant to what has been shown by the undersecretary;

Does hereby order the following:

Article (1)

The non stop work without periods of rest is allowed in the following cases and jobs:

The jobs in which the work still goes on without stopping with the alternation of the workers at work in a three shift system daily or in a system daily or in a system of the alternating for the working women and the men if they agree on paper.

Working in the units of public utilities like: water, electricity, wastewater, cleaning and guarding.

Working in the department of the machines which generates engining powers.

In offices of the foundations where the workers and servants work for seven hours only in a day.

The jobs of transporting the passengers and goods by land, sea and air, surely including the working in the offices of airlines and airports,

The jobs of cargo and unloading the goods in the docks, quays and the stores of deposition including the crews of launches used for transporting workers.

Works of connecting the ships and spotlights.

Working in supplying and repairing the ships which anchor in the port for this purpose.

Working in ports, on the locomotives, lighters of water and fuel, scows, maneuver and goods for their chiefs, mechanics and sailors as well as the sailors of the goods’ halls.

Working in hospitals, sanitariums and other treatment centers.

Plastic Industry.

Cinema Industry.

Jobs of the ambulant, wanderers and commercial representatives who practice the works of sale, advertising and supplying out of their foundations.

Industry of the Chinese porcelain.

Working in bakeries.

Article (2)

The master or the manager in charge of the jobs and industries aforementioned in the previous article has to give a permission for the employees to pray, have beverages, snacks and rest in a way organized by the foundation during the work and guaranteed by the schedule of its basic system if found or its rules put down by the department of labour relations in the ministry or the offices of labour located in the place of work in the field of its specialty.

Article (3)

This resolution shall be published in the official newspaper to become valid from the date of issue.

Saif Ali Al Jarwan

Minister of Labour & Social Affairs

 

GCC Nationals

Ministerial Order No. 292 of 2015 regulating the conditions of employment of Gulf Cooperation Council national employees, signed 30 April 2015. [CANNOT FIND THIS ONE]

Ministerial Resolution No. 1215 of 2005 on Registering the Nationals of Gulf Cooperation Council Countries Working in the Private Sector

Minister of Labour and Social Affairs:

After reviewing Federal Law No. (1) for 1972 regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (8) for 1980 in regards to organizing the work relationships and the amending laws thereto;

Cabinet of Ministers Resolution No. (91/7) for 2005 on the economic resolutions by the Supreme Council of the Arab Gulf Cooperation Council countries in its twenty fifth session (protection extension system);

Federal Law No. (7) for 1999 on pensions and social securities;

Federal Law No. (2) for 2005 issued by H.H. the Minister of Finance and Industry regarding providing the General Authority for Pensions and Social Securities with the names of the workers who are nationals of the Gulf Cooperation Council countries;

Cabinet of Ministers Resolution No. (19) for 2005 regarding the fees system and bank surety;

And based on what was presented by the competent Undersecretary;

It was decided:

Article (1)

All facilities employing or wishing to employ nationals of Gulf Cooperation Council countries must abide by the rules and regulations mentioned in this Resolution.

Article (2)

The facilities where nationals of Gulf Cooperation Council countries work must re-register them upon the issuance of this resolution in accordance with the terms and conditions mentioned in it.

Article (3)

Nationals of Gulf Cooperation Council countries shall be registered by printing the data of the employment contract forms and apply for a labour card for nationals of Gulf Cooperation Council countries through the transactions clearance office or directly by subscribing to the website www.uaesmartforms.com.

Article (4)

In case of new contracts, the competent administration at the Ministry shall receive the labour card and new employment contract after the signature of the employee and employer, in addition to a photograph of the employee, as a file in his name shall be opened in the system at the Ministry. The facility shall receive a receipt bearing the number of the labour card and 3 ratified copies of the contract.

Article (5)

The facility shall deliver the receipt of the labour card number and the employment contracts to the General Authority for Pensions and Social Securities.

Article (6)

In case of valid contracts and cards, the Ministry, upon receipt of the labour card application and the employment contract in the new format, shall substitute the labour card and write the conditions of the valid contract in the new contract format, in addition to the completion of the other necessary procedures under this Resolution.

Article (7)

The General Authority for Pensions and Social Securities shall have the right to access and view the employment contract and the requests related to it at the web site www.uaesmartforms.com on the internet by entering the labour card number.

Article (8)

The General Authority for Pensions and Social Securities, according to the competencies and responsibilities assigned to it under the protection extension system and its laws shall assign a subscription number to the employer at the company where the Gulf Cooperation Council countries nationals work as well as activate the approval of the labour card.

Article (9)

After the General Authority for Pensions and Social Securities assigns an owner subscription number according to what was mentioned in the Eighth Article above and approve the activation of the card, the Ministry shall print the card and send it to the facility by mail.

Article (10)

The steps and procedures mentioned in the articles above shall apply in case of any amendment to the employment contract using the same numbers assigned to the employer subscription.

Article (11)

The General Authority for Pensions and Social Securities may suspend the facility file at the Ministry temporarily on the network by entering the subscription number, in case the facility does not pay the due subscriptions including the employer’s share and the share of the insured. The file must be reactivated in the event of settling the subscriptions.

Article (12)

The facilities shall complete the procedures of employing Gulf Cooperation Council countries nationals as stipulated in this Resolution and acquire the labour card in accordance with the applied resolutions and executive regulations.

Article (13)

The labour cards of Gulf Cooperation Council countries nationals shall be exempt from the fees mentioned in cells from (6) to (16) of the table in Article (1) of the mentioned Ministerial Resolution No. (19) for 2005.

Article (14)

Late fees mentioned in cells (21), (22) and (23) of the table in Article (1) of the mentioned Ministerial Resolution No. (19) for 2005 shall apply.

Article (15)

This resolution is effective as of its date of issuance and shall be published in the Official Gazette.

Dr. Ali Abdullah Al-Kaabi

Minister of Labour and Social Affairs

Dated 26 December 2005

 

Ministerial Resolution No. 4 of 2007 on permitting Gulf Cooperation Council Countries Nationals on Practicing Economic Activities and Professions in the Country

The Cabinet:

After reviewing the constitution;

Federal Law No. (1) for 1972 A.D. regarding the ministries competencies and ministers’ capacities and the amending laws thereto;

Federal Law No. (5) for 1975 on the Commercial Register;

Federal Law No. (2) for 1984 on the practice by Gulf Cooperation Council countries nationals of economic activities in the country;

Federal Law No. (8) for 1984 in regards to commercial companies and the amending laws thereto;

Federal Law No. (18) for 1993 on issuing the Commercial Transactions Law;

Federal Law No. (4) for 2000 regarding the Emirates Securities and Commodities Authority and Market and the amending laws thereto;

Federal Decree No (55) for 2002 on the Federal Economic Agreement between the Arab Gulf Cooperation Council Countries;

Cabinet of Ministers Resolution No. (26) for 2005 on permitting the national of Arab Gulf Cooperation Council countries to practice economic activities and professions in the country;

Cabinet of Ministers Resolution No. (335/6) for 2006 on permitting the national of Gulf Cooperation Council countries to practice economic activities and profession in the country;

And based on what was presented by the Minister of Economy and the approval of the Council of Ministers Resolution;

It was decided:

Article (1)

The nationals of the Gulf Cooperation Council countries shall practice all types of economic activities and profession in the country with the exception of the following activities:

  1. Hajj and Omra services
  2. Recruitment of workers
  3. Commercial agencies
  4. The following social activities:
    • Care homes for the disabled
    • Centers for the rehabilitation of the disabled
    • Homes and Clubs for elderly care
    • Social Service centers
    • Any office or center that cares for social services after clarifying its objectives and scope of social work
  5. The following cultural activities:
    • Establishing printing presses and publishing houses
    • Establishing newspapers and magazines

Article (2)

The Minister of Economy, in coordination with the competent ministers, each in his own capacity, and the competent authorities in the Emirates shall issued the rules and regulations necessary to implement the provisions of this decision. Ministerial Resolution No. (26) for 2005 on allowing nationals of Arab Gulf Cooperation Council countries to practice economic activities and professions in the country shall be cancelled.

Article (3)

This Resolution shall be published in the Official Gazette and shall be put into force as of its date of issuance.

Mohammed bin Rashid Al Maktoum

Issued 14 January 2007

Ministerial Circular No. 3 of 2007

In affirmation by the Ministry of its commitment to simplify the procedures and assist Gulf businessmen to achieve their interests and complete their procedures readily, and in implementation of the Federal Decree No. (55) for 2002 regarding the Unified Economic Agreement between the Gulf Cooperation Council Countries (GCC) and the Cabinet of Ministers Resolution No. (4) for 2007 on allowing Gulf Cooperation Council nationals to practise economic activities and professions in the country, the following was decided:‎‎‎

A Gulf owner of facility or a delegated partner may assign anyone at his discretion to sign the facility card;

It is necessary that the agent has a valid residency in the country and that the delegation for authorisation and the written statement are in accordance with the attached forms, certified by the notary public in accordance with Ministerial Circular No. (2) for 2006;‎‎‎

This Ministerial Circular is effective as of its issuance date, where all the concerned authorities should implement the same, each in his own capacity, ‎‎‎‎‎‎‎

 

‎‎‎‎‎‎‎‎‎Dr. Ali bin Abdullah Al-Kaabi‎‎‎‎‎‎‎‎‎‎‎

‎‎Minister of Labour

Dated 20 May 2007

 

Specific Categories of Workers

Federal Law No. 7 of 2012 on the Regulation of Expertise Before the Judicial Authorities 

Abrogating Federal Law no . 8/1974 Dated 6/10/1974 AD

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,

Pursuant to the perusal of the Constitution;

And Federal Law No . 1 of 1972 on the Competencies of the Ministries and Powers of the Ministers and its amending Laws;

And Federal Law No . 10 of 1973 on the Federal Supreme Court and its amending laws;

And Federal Law No . 8 of 1974 on the Regulation of Expertise before the Courts;

And Federal Law No . 8 of 1980 , on the Organization of Labour Relations and its amending laws;

And Civil Transactions Law promulgated by Federal Law No . 5 of 1985 and its amending laws;

And Penal Code issued by Federal Law No . 3 of 1987 and its amending laws;

And Evidence Law in Civil and Commercial Transactions promulgated by Federal Law No . 10 of 1992 and its amending laws;

And Civil Procedures Law promulgated by Federal Law No . 11 of 1992 and laws amending thereof;

And Criminal Procedure Law promulgated by Federal Law No . 35 of 1992 and its amending laws;

And Federal Decree – Law No . 11 of 2008 on human resources in the federal government and its amending law;

Upon the proposal of the Minister of Justice, the approval of the Cabinet and the Federal National Council and the ratification of the Federal Supreme Council,

Have issued the following Law:

Article (1) – Definitions

In the implementation of the provisions of this Law, the following terms and expressions shall have the meanings assigned thereto , unless the context requires otherwise:

State: The State of the United Arab Emirates.

Ministry: The Ministry of Justice.

Minister: The Minister of Justice.

Committee: The Experts Affairs Committee.

Profession of Expertise: Any technical work practiced by people, as mandated by the judicial authorities to provide their technical or scientific report, as appropriate, according to specialization of each one.

List: Experts’ Register in the Ministry.

Expert: Any legal person who practices the profession of expertise and registered on the list.

Charter: The set of rules and regulations governing the work of the expert.

Competent Court of Appeal: The Court of Appeal determined by a decision of the Minister.

 

Article (2)

Non-experts shall not practice the profession of expertise before the judicial authorities in the State with the exception of those to be agreed upon by the litigants in the case, and the court recognizes their agreement, or other specialists whose opinion is seeked by the judicial authorities.

Local judicial authorities shall establish the rules and controls needed to practice the profession of expertise without any contradiction with the law herein.

Article (3)

Any person whose name is registered on the list shall satisfy the following requirements:

Must be of good conduct and behavior and have never been convicted of a felony or misdemeanor involving a breach of honor or trust, even after he has recovered his civil rights.

Must be a holder of a university degree accredited by one of the universities or colleges recognized in his field of specialization.

Must have an experience of (7) seven years after graduation for the citizens in the area of expertise in which registration is required and (15) fifteen years for non-citizens in the area of expertise in which registration is required.

Must have the approval of his employer.

Must pass the procedures and tests prescribed by the ministry.

 

Article (4)

The Ministry shall keep a list to register the experts in the licensed specializations and each expert shall have a file containing all matters pertaining to the exercise of the profession.

Article (5)

The application for registration shall be submitted to the Ministry on the prescribed form.

The expert shall be registered on the list only after paying the prescribed fee and having an insurance contract with an insurance company licensed in the State against liability for malpractice, according to the restrictions specified by the Implementing Regulations of the Law herein.

The Committee will decide on the application within (60) sixty days from its submission along with all the required documents. The applicant shall be notified with the decision and those whose applications were rejected may contest the decision before the Competent Court of Appeal within thirty days from his notification date or the expiry of the decision term without any reply. The Decision thereof shall be conclusive.

Article (6)

After being registered on the list before a Chamber of the Court of Appeal, the expert takes the following oath: “I swear by Almighty God that I will perform work of my profession with accuracy, honesty and sincerity and in a manner that preserves its dignity and consideration, taking into account the principles and traditions of the profession.”

The Minutes of the oath shall be issued and filed in the expert’s file.

 

Article (7)

The registration of the expert on the list shall be for a term of three renewable years upon his request, and the renewal application must be submitted at least thirty days before the end of the registration.

Article (8)

The delay of the registration renewal by the expert after ninety days of its expiry date shall cause the cancellation of the said registration.

Article (9)

The expert shall notify the Committee of ceasing the practice of his profession of expertise in case of impediment, and shall be allowed to practice the profession again when such impediment vanishes.

Article (10)

The expert must practice the profession through an office licensed to exercise suck work of expertise.

The office shall name a director from the experts.

The Official expert shall be excluded from the provisions of Clause 1 of the Article herein.

 

Article (11)

The expert shall abide by the following:

Practice his profession with accuracy, honesty and sincerity, in a manner that preserves its dignity and consideration, while taking into account the principles and traditions of the profession in accordance with the Charter.

Handle personally the task entrusted to him.

Not to disclose information which he may have accessed by virtue of his work of expertise.

He, nor anyone of his relatives up to the fourth degree of kinship, shall have a personal interest directly or indirectly in any business related to the subject of the case subject to his expertise.

His employer shall not be a party to the dispute being considered.

Not to accept the work of expertise in a dispute in which he has been already asked for consultancy or briefed on the documents related thereto, by any party to the conflict.

Update and develop his skills in the field of specialization in which he is licensed to practice the expertise.

Associate his name, registration number and the name of the office through which he works in all his publications, correspondences, certificates and reports signed by him.

Notify the Ministry of his address and any modification that might occur, within a month of the said modification.

Notify the Ministry of any amendment or modification to the license data, within a month of the said modification.

Maintain a special register where the data of the expertise work performed by him shall be recorded.

Maintain a true copy of the reports prepared by him until a conclusive judgment is rendered regarding the case subjected to his work of expertise.

Article (12)

A Committee shall be set up by a decision of the Minister and shall be called the “Experts Affairs Committee” including a minimum of five members in addition to two specialist members, provided that the decision shall be issued by the Chairman or Vice Chairman of the Committee.

The Committee shall meet upon the invitation of its Chairman. Such meetings shall not be deemed valid unless attended by the Chairman and four of its members. The Committee meetings shall be confidential and it shall pass its decisions by the absolute majority of the votes of the present members. In case of a tie, the side preferred by the Chairman shall prevail. The decisions rejecting the registration of the expert or striking off his name from the list shall be justified.

In the event of absence of the Chairman or in the presence of any impediment , the Vice Chairman shall act in his place.

Article (13)

The Committee shall be competent in the following:

Register the expert or strike his name off the list.

Review complaints and reports related to experts and take the necessary procedures as specified by the Implementing Regulation of the Law herein.

Any other functions entrusted thereto by virtue of the Law herein or its implementing regulations and decisions.

Article (14)

The Public Prosecution shall notify the Committee of the penal cases filed against the experts and of the judgments convicting them.

Article (15)

The Committee shall notify the expert and the party for which he works of any complaint filed against him to respond thereto within fifteen days as of the date he receives notification thereof. The complaint shall be submitted to the Committee together with the expert’s response for deciding on whether it shall be dismissed or referred to investigation.

Article (16)

No disciplinary sanctions may be imposed on the expert unless after investigating with him in writing and hearing his statements.

The investigation with the expert shall take place with the knowledge of one member of the Public Prosecution upon the request of the Chairman of the Committee.

Article (17)

For disciplinary purposes, a Disciplinary Board shall be set up by a decision of the Minister as follows:

The Minister shall appoint one of the Presidents of the Courts of Appeal as Chairman of the Board and two judges as members of the Board.

The Disciplinary Board shall have the right to assign one official from the Court of Appeal to handle the secretarial tasks.

Article (18)

The disciplinary sanctions to be imposed on the experts are:

Warning.

Suspension of registration for a period not exceeding one year.

Striking his name off the list permanently.

Article (19)

Disciplinary proceedings shall be established before the Disciplinary Board by the Public Prosecution by a petition including the allegation and supporting evidences.

The Public Prosecution shall summon the expert to appear before the Board at least ten days prior to the date set for the hearing, and pursue disciplinary action until it is adjudicated.

Article (20)

The Disciplinary Board shall conduct by itself the investigations it deems necessary. It may delegate one of its members and may suspend the expert from practicing his work until the end of his trial.

Article (21)

The meetings and deliberations of the Disciplinary Board shall be confidential. Moreover, the Board shall issue its decisions along with their justifying reasons. The Board shall inform the expert of the decision within fifteen days from the date of its issuance.

Article (22)

The expert may appeal the Disciplinary Board’s decision before the Competent Court of Appeal within thirty days from the date of its issuance if he were present, and from the date of such decision announcement in case of his absence. Then, the judgment shall be conclusive.

Article (23)

The name of the expert shall be struck off from the list by a decision of the Committee in any of the following instances:

If he loses a requirement of his registration.

If he is convicted of a felony or misdemeanor including a breach of honor or trust.

If he is no longer able to perform his work because of his health condition based on the report of the competent medical committee.

 

Article (24)

The expert shall be notified of the decision to strike off his name from the list within ten days from the date of its issuance. The expert may appeal this decision before the Competent Court of Appeal within thirty days from the date of its announcement, then, the judgment shall be conclusive.

Article (25)

The technical employees acting as experts and designated by a decision of the Minister shall act as judicial arrest officers for crimes committed in violation of the provisions of the Law herein, its Implementing Regulation and decisions, each within his competence.

Article (26)

A term of imprisonment not less than three months and not more than one year as well as a fine of minimum ten thousand Dirhams and maximum thirty thousand Dirhams, or either punishment, may be imposed on those who do not perform the work of the staff referred to in Article 25 of the Law herein.

Article (27)

A term of imprisonment not less than six months as well as a fine of minimum fifty thousand Dirhams and maximum one hundred thousand Dirhams, or either punishment, may be imposed on those who perform the profession of expertise without being registered on the list or allowed to do so.

Article (28)

A term of imprisonment as well as a fine of minimum thirty thousand dirham and maximum one hundred thousand Dirhams, or either punishment, may be imposed on the expert who violates the obligations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of Article 11 of the Law herein.

Article (29)

The sanctions stipulated in the law herein shall not cause any prejudice to any more severe punishment decided by any other Law.

Article (30)

Experts shall adapt their conditions in accordance with the provisions of the Law herein and that within one year from its effective date.

Experts who have been registered on the list before the effective date of the Law herein shall retain the right to engage in expertise work if they have already fulfilled the conditions stipulated in Clauses 1, 2, 3, 4, and 5 of Article 3. They shall apply a registration renewal application to the Ministry according to rules set by the Implementing Regulation of the Law herein.

 

Article (31)

Notwithstanding the competence of the judiciary, the Minister may appoint experienced and knowledgeable staff to handle auditing, conducting technical inspection on the work of experts and following-up their reports in the cases assigned to them, and that, in cooperation with the Department of Judicial Inspection at the Ministry.

The Implementing regulation of the Law herein shall determine the competences of those officials , their powers and terms of appointment.

Article (32)

The court or Public Prosecution, as the case may be, shall assume the expert fees if it seeks his assistance in criminal cases.

Article (33)

The fees shall be fixed by a decision of the Cabinet upon the proposal of the Minister pursuant to the provisions of the Law herein and it’s Implementing Regulation.

Article (34)

The Minister shall issue the Charter of the experts’ work. Violating any of its provisions , shall lead to disciplinary sanctions provided for in Article 18 of the Law herein.

The Minister shall also issue the regulation related to the classification of experts and the decisions needed for the implementation of the provisions of the Law herein.

 

Article (35)

The Cabinet, pursuant to the proposal of the Minister, shall issue the Implementing Regulation of the Law herein within six months from the date of its publication in the Official Gazette.

Article (36)

The Federal Law No . 8 of 1974 on the Regulation of the Profession of Expertise shall be abrogated , as well as any other rules inconsistent with the provisions of the Law herein.

The enforcement of the current Implementing Regulations and decisions shall remain valid on the issuance of the Law herein , provided that the same shall not contradict its provisions until the issuance of its implementing regulations and decisions.

Article (37)

The Law herein shall be published in the Official Gazette and shall enter into force within three months from the date of its publication.

Issued at the Presidential Palace in Abu Dhabi on 10/10/2012

Khalifa bin Zayed Al Nahyan President of the State of the United Arab Emirates

The present Federal Law was published in the Official Gazette, Issue No. 542 p. 67

Federal Law No . 6 of 2012 on Regulating Profession of Translator

Abrogating Federal Law No. (9) of 1981 dated 14/06/1981

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates;

After perusal of the Constitution, The Federal Law No.  (1) of 1972 on the competencies of the Ministries and the powers of the Ministers, and its amending laws;

The Federal Law No. (10) of 1973 on the Federal Supreme Court, and its amending laws;

The Federal Law No. (8) of 1980 on the organization of labor relations, and its amending laws;

The Federal Law No. (9) of 1981 on the organization of the translation profession;

The Civil Transactions Law promulgated by Federal Law No. (5) of 1985, and its amending laws;

The Federal Law No. (3) of 1987 on the Penal Code, and its amending laws;

The Law of Evidence in Civil Transactions promulgated by Federal Law No. (10) of 1992, and its amending laws;

The Civil Procedure Law promulgated by Federal Law No. (11) of 1992, and its amending laws;

The Criminal Procedure Law promulgated by Federal Law No. (35) of 1992, and its amending laws;

The Federal Law No. (29) of 2006 on the rights of persons with disabilities, and its amending laws;

And the Federal Decree Law No. (11) of 2008 on the human resources in the Federal Government, and its amendments;

According to the suggestion of the Minister of Justice, the approval of the Council of Ministers and the Federal National Council and the ratification of the Federal Supreme Council;

Issued the following Law:

Article (1)

In the application of the provisions of this Law, the following terms and expressions shall have the meanings stated beside them, unless the context requires otherwise:

State: United Arab Emirates

Ministry: Ministry of Justice

Minister: Minister of Justice

Committee: Translators Affairs Committee

Translator: Natural person registered in the list of translators

Translation Profession: Carry out, for the account of others and as a habitual practice, translation works by converting texts, words, ideas and signals from one language to another

List: Translators’ registration list at the Ministry

Charter: Set of rules and regulations governing the translator’s work

Competent Court of Appeal: The Court of Appeal determining the formation of the Disciplinary Board by the Minister’s decision.

Article (2)

None shall be allowed to practice the translation profession at the State before being registered at the list and before obtaining a license of the same from the competent authority at the concerned emirate.

Article (3)

Whoever registered at the list shall:

Be of good behavior and not previously convicted of a felony or misdemeanor involving moral turpitude or dishonesty, even if (s)he had been rehabilitated.

Be fluent in reading, writing and speaking Arabic, in case the translation is from and into Arabic.

Be holder of a certificate approved by a recognized university or institute, stating his/her specialization in the language(s) from and into which (s)he translates.

Have a practical experience in the field of translation for not less than five years after graduation. The UAE citizen shall be exempted from the experience period.

Pass the procedures and tests decided by the Ministry. The implementing regulation shall set the appropriate conditions for the registration of the sign language interpreters.

Article (4)

A translators’ registration list shall be established at the Ministry and each translator shall have a file in which all matters pertaining to the exercise of the profession shall be deposited.

Article (5)

After being registered at the list, the translator shall swear the following oath before a Chamber of the Court of Appeal: “I swear by Almighty God that I will perform the works of my career with all accuracy, honesty and sincerity, in a way preserving its dignity and honor, taking into account the profession’s rules and traditions.”

A protocol recording the taking of the oath shall be deposited in the translator’s file.

Article (6)

The governmental and non-governmental agencies may require the Ministry to register translators among their employees, provided that they are restricted to the translation work at their employing agencies and they shall be subject to the provisions relating to the translators of the list set forth in this Law, its implementing regulation and the decisions issued in implementation thereof.

Article (7)

No authority carrying out authentication or ratification works and no Court shall accept any document or instrument translated from a foreign language to Arabic, unless this translation was done by a licensed translator according to the provisions of this Law.

Article (8)

The registration application shall be submitted to the Ministry on the form prepared for the same.

The translator shall not be registered at the list unless after paying the prescribed fee. (S)he shall also conclude an insurance contract with an insurance company licensed at the State against liability for malpractice, according to the controls set forth in the implementing regulation of this Law.

The Committee shall decide on the application within sixty days from the date of submittal of the latter meeting the requirements. The applicant shall be notified of the decision and all the applicants whose application was rejected may appeal the decision before the competent Court of Appeal within thirty days from the date of being notified or upon expiry of the decision period without any response and the judgment of the Court shall be considered conclusive.

Article (9)

The registration of the translator at the list shall be of three years, renewable upon the translator’s request. The application for renewal shall be submitted thirty days at least before expiry of the registration period.

Article (10)

The delay in renewal of the translator’s registration by ninety days shall entail the cancellation of his/her registration at the list.

Article (11)

The translator shall notify the Committee of his/her suspension of the translation profession in case of an impediment and may apply for re-practicing this profession upon cessation of this impediment.

Article (12)

The translator shall practice the profession through an office licensed to commence the translation works.

The office shall have a Manager among translators.

The translator public service employee shall be exempted from paragraph 1 of this Article.

Article (13)

The translator shall:

Carry out the translation work in all accuracy, honesty and sincerity in a way preserving the profession’s dignity and honor, taking into account the profession’s rules and traditions according to the charter, and shall not change the content of the translated material.

Carry out personally the translation tasks entrusted to him/her.

Make necessary effort to update his/her skills and keep abreast of the developments in the field of the language(s) he is licensed to translate as determined by the implementing regulation.

Not divulge the information (s)he may have known by virtue of his/her translation work.

Adhere to the translation from and into the languages of his/her license.

Associate his/her name, registration number and name of the office through which (s)he works in all his/her publications, correspondences, certificates and reports signed by him/her.

Notify the Ministry of any change to the address of the office through which (s)he works within one month from the change.

Article (14)

The Office Manager shall:

Put the registration certificate and the office license at a prominent place.

Notify the Ministry of the translators working through his/her office and of any change occurring to them within one month from the change.

Notify the Ministry of any amendment or change occurring to the data of the license within one month from the date of change.

Keep a special register stating the data of the translation works completed, along with their dates and names of clients.

Adhere to the translation from and into the languages licensed for the translators.

Article (15)

A Committee shall be formed by the Minister’s decision, under the name (Translators’ Affairs Committee) with not less than five members in addition to two specialized members, provided that the decision specifies the Committee’s President and Vice-President. The Committee shall meet by convocation of its President and its meetings shall only be valid in the presence of its President and four of its members. Its discussions shall be confidential and its decisions shall be issued by absolute majority of the votes present. Upon equality, the side in favor of which the President voted shall prevail. The decisions issued for the rejection or deletion of the translator from the list shall be justified.

In case of absence of the President or an impediment thereof, he shall be replaced by the Vice-President.

Article (16)

The Committee shall:

Register the translator at the list and strike him/her off.

Review the complaints related to translators and the reports submitted to it concerning translators and take the necessary action as determined by the implementing regulation of this Law.

Carry out any other functions entrusted to it under this Law, its implementing regulation or the decisions issued in implementation thereof.

Article (17)

The Public Prosecution shall notify the Committee of the penal issues brought against the translators and the judgments rendered against them.

Article (18)

The Committee shall notify the translator and the entity for which (s)he works of any complaint submitted against him/her to respond to the same within fifteen days from the date of notification thereof. The complaint shall be submitted to the Committee accompanied with the response of the translator to decide upon its archiving or referral to investigation.

Article (19)

No disciplinary sanction shall be imposed on the translator unless after conducting a written investigation with him/her and hearing his/her testimony.

The translator shall be investigated by one of the Public Prosecution members at the request of the Committee’s President.

Article (20)

A Disciplinary Board shall discipline the translators, formed by a decision from the Minister as follows:

A chief from the Courts of Appeal shall be Chairman, with the membership of two judges selected by the Minister.

The Disciplinary Board may appoint an employee at the Court of Appeal to carry out secretariat works.

Article (21)

The disciplinary sanctions to be imposed on the translators are:

Warning.

Suspension of the registration for a period not exceeding one year.

Final striking off the list.

Article (22)

Disciplinary proceedings shall be instituted before the Disciplinary Board by the Public Prosecution, with a petition including the accusation and the supporting evidence.

The Public Prosecution shall request the translator to appear before the Board ten days at least before the date specified for the session and shall pursue disciplinary action until it is settled.

Article (23)

The Disciplinary Board may itself conduct the necessary investigations and delegate one of its members for such task. It may temporarily suspend the translator’s work until the end of his/her trial.

Article (24)

The sessions and deliberations of the Disciplinary Board shall be confidential and its decisions shall be issued containing the causes thereof. The translator shall be notified of the decision within fifteen days from the date of issuance thereof.

Article (25)

The translator may appeal the Disciplinary Board decision before the competent Court of Appeal within thirty days from the date of issuance thereof if issued in his/her presence and from the date of notification thereof if issued in his/her absence. The judgment of the Court of Appeal shall be conclusive.

Article (26)

The translator’s registration shall be deleted from the list by a decision from the Committee in any of the following cases:

If (s)he suffers the loss of one of his/her registration conditions.

If (s)he was convicted of a felony or misdemeanor involving moral turpitude or dishonesty.

If his/her status does not enable him/her to carry out the work because of his/her health condition according to a report issued by the competent medical committee.

Article (27)

The translator shall be notified of the delisting decision within ten days from the date of issuance thereof and the (s)he may appeal this decision before the competent Court of Appeal within thirty days from the date of notification and the Court’s judgment shall be conclusive.

Article (28)

The employees designated by a decision from the Minister shall have the capacity of judicial officers as per the crimes committed in violation of the provisions of this Law, its implementing regulation and the decisions issued in implementation thereof , within the jurisdiction of each of them.

Article (29)

Shall be penalized by imprisonment for a period between three months and one year and by a fine between AED ten thousand and AED thirty thousand , or by either of these penalties, whoever prevents the performance of the work of the employees set forth in Article (28) hereof.

Article (30)

Shall be penalized by imprisonment for a period between one year and two years and by a fine between AED fifty thousand and AED one hundred thousand, or by either of these penalties, whoever:

Practices the translation profession while not being registered at the list or allows the same.

Changes the truth deliberately through the translation, destroys or neglects the translated material deliberately or discloses a secret that (s)he became aware of during the practice of the profession.

Article (31)

The Committee may impose any of the disciplinary sanctions set forth in Article (21) hereof on the Manager of the translation office licensed to practice the profession in case it violates any of the obligations stated in Article (14) hereof.

Article (32)

The imposition of the penalties set forth in this Law does not violate any more severe penalty set forth in any other Law.

Article (33)

The translator shall adjust his positions according to the provisions of this Law and its implementing regulation as well as the decisions issued in implementation thereof within one year from the date of their entry into effect.

Article (34)

The Court or the Public Prosecution, as the case may be, shall bear the translator’s fees if it decides to resort to him/her in penal cases.

Article (35)

Without prejudice to Article (7) hereof, the Court and the Public Prosecution may resort to a translator not registered at the list after taking oath whenever necessary and may allow indirect translation from and into Arabic by engaging more than one translator.

Article (36)

The payable fees shall be determined by the Council of Ministers’ decision upon the Minister’s suggestion, in implementation of the provisions of this Law and its implementing regulation.

Article (37)

The Minister shall issue the translators’ charter and the violation of any of the provisions thereof shall entail imposition of disciplinary sanctions set forth in Article (21) hereof. He shall also issue the decisions necessary for the implementation of the provisions of this Law.

Article (38)

The Council of Ministers, upon the Minister’s suggestion, shall issue the implementing regulation of this Law within six months from the date of its publication in the Official Gazette.

Article (39)

The above-mentioned Federal Law No. 9 of 1981 shall be cancelled, as well as any provision that is contrary to or inconsistent with the provisions of this Law.

The implementing regulations and the decisions in force shall remain effective upon issuance of this Law, in a way not contradicting the provisions thereof until the issue of the implementing regulation of this Law and the decisions issued in implementation thereof.

Article (40)

This Law shall be published in the Official Gazette and it shall enter into effect three months after the date of publication thereof.

Issued at the Presidential Palace in Abu Dhabi

On October 10,2012

Khalifa bin Zayed Al Nahyan President of the United Arab Emirates

The present Federal Law was published in the Official Gazette, issue No. 542 p. 55.

Federal Law No. 12 of 2014 concerning auditing profession law, issued 30 November 2014.

Miscellaneous

Federal Law No. 2 of 2014 concerning small and medium enterprises, dated 16 March 2014. [CANNOT FIND THIS ONE]

 

Federal Law No. 3 of 2013 concerning the establishment of Emirates Post Group

Abrogating Federal Law No. 14 of 2007

We, Khalifa bin Zayed bin Sultan Al Nahyan President of the United Arab Emirates,

After Perusal of the Constitution,

Federal Law no. 1 of 1972 on the Competencies of the Ministries and Powers of the Ministers, and its amending Laws;

Federal Law no. 8 of 1980 on the Regulation of Labour Relations, and its amending Laws;

Federal Law no. 10 of 1980 on the Central Bank and the Monetary System and the Organization of the Banking Profession, and its amending Laws;

Federal Law no. 15 of 1980 on Publications and Publishing;

Federal Law no. 8 of 1984 on Commercial Companies, and its amending Laws;

Federal Law no. 3 of 1987 on the Promulgation of the Penal Code, and its amending Laws;

Federal Law no. 37 of 1992 on the Trademarks, and its amending Laws;

Federal Law no. 22 of 1995 on the Regulation of the Auditing Profession, and its amending Laws;

Pensions and Social Securities Law promulgated by Federal Law no. 7 of 1999, and its amending Laws;

Federal Law no. 17 of 2002 on the Regulation and Protection of Industrial Property Rights for Patents and Industrial Designs and Models, and its amending Laws;

Federal Law no. 6 of 2007 on the Establishment of the Insurance Authority and Regulation of its Operations, and its amending Laws;

Federal Law no. 14 of 2007 on the Establishment of Emirates Post Holding Group;

Federal Decree-Law no. 11 of 2008 on the Human Resources in the Federal Government, and its amending Laws;

Federal Law no. 8 of 2011 on the Re-organization of the State Audit Institution;

Federal Decree-Law no. 8 of 2011 on the Rules for the Preparation of the General Budget and Final Accounts;

and Based on the proposal of the Minister of State for Financial Affairs, the approval of the Cabinet and the Federal National Council, and the ratification of the Federal Supreme Council;

We have promulgated the following Law:

Article (1) – Definitions

In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned against each, unless the context stipulates otherwise:

State: The United Arab Emirates

Government: The government of the United Arab Emirates

Group: Emirates Post Group. Board: The Group’s Board of Directors

Chairman: The Chairman of the Board

CEO: The Group’s Chief Executive Officer

Subordinate unit: Any institution or company owned by the group or in which said Group have more than 50% of the capital shares or that is controlled thereby

Operational unit: any unit that is owned by the Group and merged therein without having an independent legal personality

Emirates Post: An operative unit of the Group and the official operator of the postal services and related services in the State

Empost: An operative unit of the Group specialized in express delivery services and relevant services

Postal Items: Any written or non-written messages, or payment orders, or information envelopes, parcels, packages, boxes or covers

Hybrid mail: The electronic mail converted into physical letter items.

Chapter 1 The Group and Objectives Thereof

Article (2)

A public institution shall be established under the name of “Emirates Post Group”, having a full independent juristic personality and the full capacity to carry out the legal acts necessary for the achievement of its objectives. It shall have an independent budget and shall replace Emirates Post Holding Group.

Article (3)

Each of the Emirates post institution under the name “Emirates Post” and the Emirates commercial postal services institution “Empost” shall be merged in the Group as two operative units.

It is allowed to merge any of the subordinate units with a Cabinet Decision based on the recommendation of the Board of Directors.

Furthermore, the Group or any of its subordinate units may be converted into a Public Joint-Stock Company by virtue of said Decision in accordance with the Law, provided that the government owns more than half of the capital.

Article (4)

The headquarters of the Group shall be in Dubai and it is allowed to establish branches and offices thereof inside and outside the State based on the decision of the Board.

Article (5)

The Subordinate unit shall be an institution and it shall be in the form of Joint-Stock Companies or Limited Liability Companies, provided that the Group owns more than half of its capital and exercises a direct control over such company.

The subordinate unit may maintain its legal capacity as the case may be without prejudice to the provisions of the Commercial Companies Law.

Article (6)

The Group shall be in charge of the activities commensurate with its nature, including the following:

Supervise, manage and/or operate the subordinate units as well as provide them with the necessary support, as the case may be.

Evaluate and control the performance of the subordinate units.

Invest the funds of the Group in specialized subordinate units for the following:

a- Ordinary postal services.

b- Express delivery services including receipt and delivery from and to the residence of the sender and recipient.

c- Financial postal services, according to what is set forth in Paragraph (d) of Clause (1) of Article (22) of this Law.

d- Financial and monetary intermediation transactions and money transport to the extent that does not contradict the Law on the establishment of the Central Bank and other relevant Laws, and provided that such operations are subject to the Central Bank’s control.

e- Transport, storage and logistics services.

f- Hybrid mail services.

g- Marketing and promotion services.

h- Insurance services on behalf of third parties.

Acquire preferential rights as well as the property rights of trademarks involved in the operation of the Group, industrial designs and models and patents among other intellectual property rights, use and lease of the same to third parties or to subordinate units should the share of the Group therein be less than 100%.

Own the necessary lands and buildings to exercise its activities as well as commercially use and exploit said lands and buildings directly or through its subordinate units.

Any other services or tasks entrusted thereto by the Cabinet in accordance with the nature of its activities.

Article (7)

The Group shall be in charge of granting licenses to the private sector institutions and companies to forward documents, papers, items and packages of domestic and international nature and the exercise of the philatelic stamps sale and purchase activities. Such group shall be also responsible for organizing and supervising said institutions and companies inter alia ceasing and cancelling licenses, and that, according to the conditions determined by the Board.

Article (8)

The Group shall represent the government before the regional and international organizations engaged in the operations and activities of the Group and its subordinate units, as the case may be, and look after the interests of the State’s post in other postal markets, in coordination and collaboration with the Ministry of Foreign Affairs and other competent authorities.

Chapter 2 Management of the Group

Article (9)

The Group shall be managed by a Board of Directors formed by virtue of a Cabinet decision whereby the Chairman and the members thereof are appointed. The membership in the Council shall be for a period of three years.

The Board shall, during the first session, elect the Deputy Chairman who shall replace the Chairman during his absence or in case of an impediment preventing his presence.

Article (10)

Taking into account the provisions and controls related to the management of any of the subordinate units according to their Statute and the Commercial Companies Law, as the case may be, the Board shall handle the powers and authorities needed for achieving the objectives of the Group and may in particular carry out the following:

Draw the policy to be adopted by the Group for the achievement of its objectives and determine the programs needed for this purpose as well as supervise their implementation.

Set up and issue the organizational structure of the Group as well as the human resources system and the regulations needed for regulating the work operation within the Group including the regulations related to the financial, administrative and technical affairs and the financial and administrative powers schedule.

Ratify the budget and the unified balance sheet of the Group after reviewing the report of the auditors in this regard. Such budget and balance sheet shall be submitted to the Cabinet for adoption, enclosed with the report of the Board and the auditors’ report, within maximum four months as of the end of the fiscal year.

Set up the conditions and controls needed for granting the licenses according to the provisions of this Law.

Appoint the representatives of the Group in the Boards of Directors of the subordinate units.

Guide the policies of the Boards of Directors of the subordinate units by adopting the policies related to each including the organizational structures and the regulations of the personnel and all the financial, administrative and technical affairs governing the operation therein, in compliance with the provisions of the Commercial Companies Law and Labour Law and any relevant provisions set forth in the Memoranda or Articles of Association of said subordinate units.

Approve the draft contracts and agreements to which the Group is a party, according to the terms and conditions set by the regulations governing this matter.

Conclude loan contracts with the government or financial institutions in the State in order to achieve its objectives according to a predefined plan following the approval of the Cabinet.

Approve the loans, guarantees and financing provided to the subordinate units provided that the contribution limit in any loan, guarantee or financing does not exceed 50% of the Group’s share or its contribution in the subordinate unit.

Approve the investment the Group’s funds in the areas of investment related to its activity, provided that such investment does not exceed twenty percent (20%) of the reserve and serve the objectives of the Group in conformity with the provisions of Article 6 of this Law.

Approve the acquisition of properties for the establishment of the headquarters of the Group or subordinate units in the State.

Approve the Group’s or its subordinate units’ utilization of their premises for commercial purposes.

Appoint the auditors of the Group and fix their remuneration.

Approve the strategic and operational plans of the Group and its subordinate units owned totally thereby.

Article (11)

The Board may constitute from among its members a sub-committee or more entrusted with some of the tasks falling within its competency. The sub-committees shall submit their recommendations to the Board so that the latter decides what it deems appropriate. The Board shall issue the decisions necessary for the organization of the workflow in such committees as well as their limits of powers.

Article (12)

The Board shall determine through a decision issued thereby the rules related to the exercise of the activities of forwarding documents, items and packages and express delivery services, in particular the limits of weights and charges, the philatelic stamps sale and purchase and relevant fees and charges.

Article (13)

The Board may, by virtue of a Cabinet decision, establish specialized subordinate institutions or companies or decide that the Group contributes to their capital inside and outside the State, within the framework of the Group’s business activity. The subordinate units of the Group existent at the time of enforcement of the provisions hereof shall be considered as if established by virtue of its provisions taking into account the provisions of Articles 2 and 3 hereof.

Article (14)

The Group shall have a CEO designated by a Cabinet decision based on the nomination made by the Board, provided that this CEO is not a member therein. The CEO shall take charge of the following competencies:

Prepare the agenda of the Board in consultation with the Chairman.

Implement the decisions and general policies set by the Board.

Manage the Group, develop and follow up the work systems therein.

Represent the Group in its relationships and dealing with others as well as before the Courts.

Prepare the draft estimated budget as well as the draft balance sheet of the Group and submit both drafts to the Board for ratification.

Sign on behalf of the Group to the extent set in this Law, the regulations of the Group and the decisions of the Board.

Prepare the periodic reports on the performance of the Group and submit the recommendations thereon to the Board.

Prepare the strategic plan and submit it to the Board for ratification.

Prepare the operational plan and submit it to the Board for ratification.

Follow up the implementation of the strategic and operational plans of the Group and subordinate units.

Follow up the implementation of the observations of the internal audit department and the auditors of the Group and subordinate units.

Any other competencies entrusted thereto by the Board.

Chapter 3 Financial Conditions

Article (15)

The capital of the group amounts to four hundred million AED fully paid by the government and it may be increased by a Cabinet decision upon the request of the Board.

Article (16)

The Group shall exercise its activity on commercial basis and its financial resources shall consist of the following:

The revenues of the Group.

The profits that are gained by the subordinate units and which the Boards of Directors of said subordinate units decide to distribute.

The contributions, subsidies, grants and bequests which are not in contradiction with the objectives of the Group and approved by the Board.

Article (17)

The net profits of the Group’s revenues shall be determined for each fiscal year, and that after deducting all current expenditures, costs and allocations according to the rules determined in the financial and accounting regulation for the Group and the decisions of the Board. Ten percent (10%) shall be deducted annually from the Group’s net profits to form the legal reserve. This deduction shall continue until said reserve reach 50% of the capital. The deduction shall be repeated whenever the legal reserve becomes below this percentage.

Article (18)

The net profits of the group shall devolve to the general budget of the State after deducting the reserve set forth in Article 17 hereof. The Board may, following the approval of the Council of Ministers, dispose of the net profits in accordance with the objectives of the Group.

Article (19)

The fiscal year of the Group and each of its subordinate units shall begin on the first of January and end on the thirty first of December of each year. Some subordinate units may have their independent final accounts and a unified balance sheet and a unified profit and loss statement of the Group shall be prepared for the Group and its subordinate units according to the generally accepted accounting principles.

Excluded from the provisions of the previous paragraph, the first fiscal year of any subordinate unit established after the enforcement of this Law shall begin from the date of its establishment and shall end on the thirty first of December in the following year.

Article (20)

The funds of the Group and its subordinate units totally owned thereby shall be considered as public funds.

Article (21)

The accounts of the Group and its subordinate units shall be examined by an auditor or more according to the generally accepted accounting principles. The auditors shall submit to the Council their report concerning the auditing of the Group within maximum two months from the date of the end of the fiscal year.

The auditor may not be a Board member at the same time with his work or any other work in the Group or its subordinate units. He may not also be a partner with any of the Board members.

Chapter 4 The Provisions related to the Operational Units

Article (22)

The Emirates Post shall carry out the postal services and conduct the performance thereof set forth in this Law. It shall in particular exercise the following:

a- Forward post letters including: Letters, cards, printed material, prints for the visually impaired, small packets and addressed and unaddressed direct mail.

b- Transport all kinds of parcels according to the provisions of the international post convention.

c- Deliver private post boxes services.

d- Deliver financial postal services including: money orders, postal checks service, prepaid postal items, savings accounts, bills collection and payment orders, these transactions shall be subject to the control of the Central Bank.

e- Direct mail marketing services.

f- Grant licenses for the sale and use of postal franking machines to the federal and local government entities as well as to the private sector institutions and companies according to the conditions set by the Board.

g- Issue the State’s postage stamps, both regular and commemorative, the philatelic stamps, the postal financial printed material and the postal forms. Stamps are issued in categories commensurate with the value of the postal services to which these stamps are allocated and in compliance with the provisions of the universal post and its protocols.

h- Provide letter boxes and private post boxes stations in places owned by the State or by any Emirate or attached to buildings owned by third parties, provided that these third parties give their approval thereon.

i- Deliver other services approved by the Board and commensurate with the business nature of the Group.

The Emirates Post may delegate third parties to deliver some postal services for its account by virtue of contracts concluded with them according to the terms and conditions determined by the Board.

Article (23)

Empost shall handle and conduct express delivery services. It shall in particular exercise the following:

a- Express delivery of documents, papers and parcels inside and outside the State.

b- Express delivery, receipt and delivery of postal items and parcels from and to the residence of the sender and recipient (door to door)

c- Delegation service to clear documents at the governmental and non-governmental authorities.

d- Establishment and development of specialized agencies delivering services to the clients.

e- Direct mail marketing services.

f- Sale of items related to postal services like stationery, envelopes, wrapping and packaging materials and other necessary items related to Empost business.

g- Logistic services comprising the integrated storage and transport services.

h- Any express transport and delivery services or relevant services, of commercial nature, compatible with Empost business and entrusted thereto by the Board.

Empost may delegate third parties to carry out some of the delivery services for its account by virtue of contracts concluded with them according to the conditions and controls determined by the Board.

Article (24)

Taking into account the provisions of the agreements and protocols of the Universal Postal Union and any other regional agreements, the Board shall determine for “Emirates Post” and “Empost” the regulations governing the level of the postal and express delivery services required, as well as the postal safety and confidentiality rules and the mail collection and distribution regulation, while making sure to adopt the most modern and advanced systems used in this regard, determine the conditions, charges and regulations of the postal services, determine the methods of franking postal items, the limits of liability and compensation for the delay or loss or damage of the transported postal item, in conformity with international postal agreements to which the State is a party.

Article (25)

Should any of the federal and local authorities wish to deliver Emirates Post services, it shall provide the lands required for this purpose without any charge, provided that the location of these lands is appropriate for delivering said services, in coordination with the federal and local authorities.

Article (26)

The subordinate units shall submit the following to the Board:

An annual report on their business outcomes and activities.

Their own strategic and operational plans.

Chapter 5 Penalties

Article (27)

Shall be penalized by imprisonment for a period of minimum six months and maximum two years, and to a fine not less than ten thousand AED and not more than one hundred thousand AED, or by either of these two penalties, whoever :

a- Exercises any of the postal services which fall within the competencies of the Group or its operational units without obtainment of the necessary license. If this act contributed to the loss of postal charges by the Group or any of its operational units, the violator shall be penalized by a fine equivalent to threefold the loss and return the value of these charges to the Group, without prejudice to the right of the Group to receive the appropriate compensation, if necessary.

b- Uses letter boxes similar in form or purpose to the private post boxes or mail deposit boxes or mail box stations owned by Emirates Post institution. In this case, Emirates Post shall be entitled to remove the violation by administrative means at the expense of the violator.

c- Forwards or delivers letters, parcels or postal items inside the State or mediates in forwarding or delivering the same for profit without obtaining a license or prior authorization from the Group.

In all cases, a judgment of seizure of items, objects of the crime, shall be rendered.

Article (28)

Shall be penalized by temporary imprisonment whoever commits any of the following:

a- Imitates or counterfeits, whether by himself or in participation with others, publications or forms, regardless of their manufacturing method, which are similar in appearance to regular or commemorative postal stamps, philatelic stamps, postal financial publications, forms, machines or tools used by the Group or operational unit.

b- Offers for sale, distributes or uses any of the items mentioned in Clause (a) of this Article with knowledge of its imitation or counterfeiting.

c- Uses the Group’s logo or the logo of any operational unit or uses the term “Post” or “postal services” or any other terms in the same meaning.

d- Exercises laundering of regular or commemorative stamps which were previously used for franking or trade.

e- Re- uses regular or commemorative stamps that were previously used.

f- Whoever intentionally misuses franking seals and machines or counterfeits the imprints of franking machines or the imprints of the seals of “postage paid” or “business reply” or “sealing permits” service.

The violator shall be penalized by a fine equal to the postal charges lost by the Group or the operational unit in addition to an amount of threefold the charge because of committing the crimes set forth in the present Article. Furthermore, the value of these lost charges shall be returned to the Group and a judgment of seizure of the items, object of the crime, set forth in this Article shall be rendered.

Article (29)

Shall be penalized by temporary imprisonment:

a- Any employee or worker in the Group assigned to transport, deliver, or retain postal items but did unseal them, mess with their content, destroy them or who intentionally refrained from delivering them to the concerned person.

b- Any employee or worker in the Group who discloses any secrets concerning the postal items or uses the same for his personal benefit or for the benefit of third parties or helps any person to obtain information belonging to others and included in these postal items, except for the instances permitted by law. The provision of this section shall be applicable even if the crime is committed after the end of service of the employee or worker.

The provisions of this Article shall apply to any person entrusted by the Group to exercise or transport some of the postal services for its account even if he is not among the employees or workers of the Group.

Article (30)

Shall be penalized by a fine that does not exceed one thousand AED, whoever violates any other provision of this Law.

Article (31)

The crimes mentioned in this Law shall be subject to the penalties stipulated herein without prejudice to any greater penalty stipulated in any other law.

Article (32)

The postal letters and parcels shall not include any substances whose acquisition, trade and transport is prohibited by law. Should the Group find or the conditions imply that the letters or parcels include any of said substances, a report shall be established on this incident to be submitted along with the relevant letter or parcel to the competent authorities to conduct the necessary investigation.

Article (33)

The Group shall have the right to express a reservation about a postal material and take the appropriate measures in its regard according to the provisions of the laws, regulations and decisions, in any of the following instances:

Should it fail to meet the franking conditions or if the concerned person refrains from paying the due charges thereof.

Should the period of keeping it with the operational unit expire and said unit could not be inferred to the sender or recipient.

Should it fail to meet the terms and conditions set in this Law or its implementing regulations or reservation was requested by the external postal administrations.

Should its content affect the reputation of the State, the security or public morals thereof or should such content be contrary to the principles of the Islamic religion.

Should the concerned authorities request to have reservation about the postal material for reasons of public interest.

Chapter 6 General and Transitional Provisions

Article (34)

Each of the Emirates post institution known as “Emirates Post” and Emirates institution for the commercial postal services “Empost”, shall continue to deliver their services as two operational units within the Group under their said names.

Article (35)

Starting the enforcement date of this Law, the employees and workers of the operational units shall be transferred to the Group and their conditions shall be adjusted according to the regulation of the Group’s personnel, without prejudice to their salaries and benefits. The regulations and rules applicable at the time of the enforcement of this Law shall remain valid until the issuance of the regulation of the Group’s personnel.

Article (36)

For all that is not specifically provided for in the regulation of the Group’s personnel, the federal human resources laws and regulations shall apply.

Article (37)

The Group shall replace Emirates Post in the international agreements related to postal matters. Also, the Group shall replace Emirates Post and Empost in all the contracts and agreements signed thereby before the enforcement of this Law.

Article (38)

The Group shall replace Emirates Post and Empost in all the investments, properties and shares thereof in the commercial companies existing at the time of issuance of this Law. The Group shall under this Law adjust its conditions and investments according to the provisions hereof within a period of maximum six months as of its enforcement date.

Article (39)

The employees of the Group, appointed by a decision from the Minister of Justice based upon the nomination of the Board, shall have the capacity of judicial officers in establishing all the violations to the provisions of this Law and the regulations and decisions issued in implementation thereof.

Article (40)

The Board shall issue the regulations and decisions needed for the implementation of the provisions of this Law within 6 months as of its issuance date.

Article (41)

Federal Law no. 14 of 2007 on the Establishment of Emirates Post Holding Group shall be abrogated.

Any provision in contradiction or conflict with the provisions of this Law shall be abrogated.

The decisions, regulations and rules in implementation of said Federal Law no. 14 of 2007 shall remain valid until the issuance of the regulations, rules and decisions which will replace them.

Article (42)

This Law shall be published in the Official Gazette and shall enter into force three months following its publication date.

Issued by us in Abu Dhabi Presidential Palace

On 3 April 2013

Khalifa bin Zayed bin Sultan Al Nahyan President of the United Arab Emirates

The present Federal Law was published in the Official Gazette issue No. 548 of 2013 P.9

Federal Law No. (51) of 2006 on Combating Human Trafficking Crimes As amended under Federal Law No. (1) of 2015

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates;

Having perused:

The Constitution;

Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers, and the amending laws thereto,

Federal Law No. (6) of 1973 on Entry and Residence of Foreigners, and the amending laws thereto,

Federal Law No. (8) of 1980 on Regulation of Labor Relations, and the amending laws thereto,

Penal Code issued by Federal Law No. (3) of 1987, and the amending laws thereto,

Criminal Procedure Law issued by Federal Law No. (35) of 1992, and the amending laws thereto,

Federal Law No. (15) of 2005 On Regulation of Participations in Camel Races;

Based on the proposal of the Minister of Justice, the approval of the Cabinet and the ratification of the Supreme Council of the Federation,

Hereby issue the following Law:

Article (1) – as amended under Federal Law No. (1) of 2015

The following terms and expressions shall have the meanings set out against them, unless the context requires otherwise:

The State: the United Arab Emirates.

The Ministry: the Ministry of Justice.

The Minister: the Minister of Justice.

The Competent Authorities: the competent federal authorities.

The Competent entities: the local concerned authorities.

Organized Criminal Gang: a group of three or more people who collaborate to carry out a premeditated act with the intent of committing a human trafficking crime for the sake of gaining directly or indirectly a financial or any other material benefit.

A Trans-national Crime: A crime shall be deemed trans-national if it is:

  1. Committed in more than one country,
  2. Committed in one country but preparation, planning, direction and supervision were carried out from another country,
  3. Committed in one country but the perpetrators were an organized criminal gang involved in criminal activities in several countries,
  4. Committed in one country but its repercussions reflected on another country.

Property: property of any kind whatsoever, whether moral or material, movable or immovable, in addition to instruments and deeds which establish the ownership of such property or any rights related thereto.

Proceeds: monies ensuing from (in)direct commission of a crime of those stipulated in this Law.

Child: Any person who is under 18 years old.

The Committee: the National Committee to Combat Human Trafficking (NCCHT).

Article (1) bis (1) as added by Federal Law No. (1) of 2015

  1. Whoever commits any of the following shall be deemed a perpetrator of a human trafficking crime:
    •  Selling persons, offering persons for selling or buying, or promising the same.
    •  Soliciting persons, employing, recruiting, transferring, deporting, harboring, receiving, receiving or sending the same whether within the country or across the national borders thereof, by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability the person for the purpose of exploitation.
    • Giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation of the latter.
  2. The following shall be deemed human trafficking, even if the same does not incorporate the use of any of the means provided in the previous Paragraph:
    • Recruiting a child, transferring, deporting, harboring or receiving the same for the purpose of exploitation.
    • Selling a child, offering the same for selling or buying.
  3. Under this Article, exploitation includes all forms of sexual exploitation, engaging others in prostitution, servitude, forced labor, organ-trafficking, coerced service, enslavement, mendicancy, and quasi-slavery practices.

Article (1) bis (2) as added by Federal Law No. (1) of 2015

All phases of collecting evidence, investigation, and trials of relevance to Human Trafficking Crimes shall be subject to the following procedures:

1. Identify the victim and the witness with their legal rights, in a language understood thereby, and allow them to express their legal and social needs.

2. Submit the victim, should the need arise for such measure, to examination before any medical entity to receive psychological or physical treatment, where such person shall be admitted into one of the medical or psychological rehabilitation centers, if deemed necessary.

3. Admit the victim into one of the sheltering centers or any other approved entity, should a need for such measure arises.

4. Provide the necessary security for the victim and the witness, whenever they need the same.

5. Allow the victim and the witness to stay in the State, should the investigation or trial entail their stay, and based on an order issued by the public prosecution or the court, as the case may be.

6. The permissibility of the court to delegate an attorney for the victim upon request thereof, where the court shall estimate the attorney’s fees. The decision of the court in this regard shall be conclusive, where fees shall be paid under a certificate issued by the court which pays the said fees.

 

Article (2) as amended under Federal Law No. (1) of 2015

Whoever commits any of the human trafficking crimes provided for in Article (1) bis of this Law shall be punished by temporary imprisonment for a term of no less than five years, and a fine of no less than one hundred thousand AED. The penalty of life imprisonment shall apply in any one of the following cases:

1. If the victim is a child or a person with disability.

2. If the act is committed by threat of murder or grave harm or involved physical or psychological torture, or if the perpetrator was armed.

3. The perpetrator of the crime has created or assumed a leading role in an organized criminal gang, has been a member therein or participated in the actions thereof while being aware of the purposes of such gang.

4. The perpetrator is the spouse, a relative, antecedent, descendant, or guardian of the victim.

5. If the perpetrator is a public servant, or assigned to public service, where he exploited the occupation or assignments thereof to commit the crime.

6. If the committed crime is trans-national.

7. If the victim has been inflicted, as a result of the crime, with an incurable disease or permanent disability.

 

Article (3) as amended under Federal Law No. (1) of 2015

1. Any person who was aware of a plan to commit any of the crimes provided for herein, but failed to inform the concerned authorities shall be punished by imprisonment for a period of no less than one and no more than five years and a fine of no less than five thousand dirhams or by both penalties.

2. The person who failed to inform the authorities may be pardoned from the said penalty, if he/she was the perpetrator’s spouse, antecedent, descendant, sibling or the like of in-laws.

 

Article (4)

Any person who uses force or threat of force, or offers or promises a gift or advantage of any kind for prompting another person to give false testimony or withhold true information, or give false information or statements before any judicial body on proceedings related to committing any of the crimes provided for herein, shall be punished by imprisonment for a period of no less than five years.

 

Article (5)

Any person who possesses, harbors, or dispenses articles gained through any of the crimes provided for herein, or knowingly hides a person or more of those who have taken part therein, with the intention of helping him/her to escape justice while being aware of the same, or participates in concealment of the crime shall be punished by temporary imprisonment.

 

Article (6)

Any person who assaults, resists by force, or threatens to use force against any officers enforcing this Law, shall be punished by imprisonment for a term of no less than five years.

 

Article (6) bis as added by Federal Law No. (1) of 2015

Whoever publishes by any means of publication the names or photos of victims or witnesses of human trafficking crimes shall be punished by imprisonment and fine of no less than ten thousand dirham or by both penalties.

 

Article (7)

A corporate entity shall be punished by a fine of no less than one hundred thousand dirhams, and no more than one million dirhams, if its representatives, directors or agents commit, in its name or for its account, one of the human trafficking crimes enumerated herein; without prejudice to the responsibility and punishment of its dependent natural person. In addition to that penalty, a court may order temporary dissolution, or total closure of the corporate entity or closure of one of its branches.

 

Article (8) as amended under Federal Law No. (1) of 2015

1. Any person who attempts to commit one of the crimes enumerated in Articles (2), (4) or (6) of this Law shall be punished by the penalty of a complete crime.

2. Any person who collaborates in committing one of the crimes provided for in Articles (1) bis (1), (2), (4), (5) and (6) of this Law, as a direct participant or accomplice shall be deemed a perpetrator of the crime.

 

Article (9) as amended under Federal Law No. (1) of 2015

Without prejudice to the bona fide rights of others, the following shall be ruled in all cases:

1. Confiscation of the crime’s tools, monies and proceeds resulting therefrom.

2. Deport the foreigner who is convicted in any of the crimes stipulated in this Law.

3. Close the property in which the human trafficking crime took place, where opening the same shall not be permitted except for a legitimate purpose, subject to the approval of the public prosecution.

 

Article (10)

Crimes provided for in this law shall be punished by the penalties stated herein, without prejudice to any more severe penalty provided for in any other law.

 

 Article (11)

Any of the perpetrators of a crime, who takes the initiative to report to judicial or administrative authorities of what he/she knows about the crime before its commission, which results in discovering the crime before its occurrence, or in the arrest of its perpetrators or preventing its commission, shall be exempted from the penalties provided for in this law. If an individual reports a crime after its discovery, such individual may be exempted from the penalty or may be subject to mitigated penalty, in the event that he/she has assisted the concerned authorities during investigation to arrest other perpetrators of the crime.

 

Article (11) bis (1) as added by Federal Law No. (1) of 2015

1. It shall be impermissible to interrogate the victim, civilly or criminally for any crime of the crimes stipulated in this Law, whenever the same is established or directly connected to being a victim.

2. In exception of the provision of Clause (1) of this Article, it shall be permissible to interrogate the victim civilly and criminally on the human trafficking crime in the following cases:

  • If he/she contributed in person, without being subject to any coercion whether moral or material, to the perpetration of one of the human-trafficking crimes.
  • If the person is a foreigner incoming to the country for work, and violated the work contract and the residence regulation.
  • If the person failed to report the crime or the collusion thereof to the competent authorities while being able to.

 

Article (11) bis (2) as added by Federal Law No. (1) of 2015

In the crimes stipulated in this Law, it is presumed that the perpetrator is aware of the victim’s age.

Article (12) as amended under Federal Law No. (1) of 2015

Under this law, a committee shall be established and known as “The National Committee to Combat Human Trafficking”, the formation and chairmanship of which shall be determined under a resolution issued by the Cabinet, based on the Minister’s proposal.

 

Article (13) as amended under Federal Law No. (1) of 2015

The Committee provided for in Article (12) of this Law shall assume the following:

1. Draw up a national comprehensive strategy to combat human trafficking, and develop the plans and mechanisms implementing the same, in coordination with the competent entities of the State.

2. Examine and update legislations and regulations concerning human trafficking, in a manner that achieves the required protection for victims and witnesses, in accordance with international requirements.

3. Develop a database including international legislations of relevance to human trafficking crimes, means of human trafficking and studies of relevance to the subject matter.

4. Prepare reports regarding the measures adopted by the State to combat human trafficking, in coordination with the competent entities of the State.

5. Study international, regional and local reports of relevance to combating human trafficking, and take the necessary measures and procedures in their regard.

6. Coordinate with the competent authorities and the competent entities to secure protection and support to victims of human trafficking; including the Care and Rehabilitation Program for Victim’s Social Integration.

7. Raise awareness concerning human trafficking issues.

8. Hold conferences, symposiums, and trainings and issue publications in a manner that meets the Committee’s objectives.

9. Participate with the competent entities of the State, in international conferences and forums of relevance to combatting human trafficking, and convey the State’s message in this regard during international ceremonies.

10. Develop adequate mechanisms to identify victims in human-trafficking cases.

11. Assume any works assigned by the Committee in the field of combating human trafficking crimes.

 

Article (13) bis 2 as added by Federal Law No. (1) of 2015

The victim of human-trafficking crimes shall be exempted from civil-case fees upon filing the same to claim compensation for the damage resulting from the exploitation thereof in a human trafficking crime.

 

Article (14)

All natural and legal persons concerned with implementing the provisions of this Law shall comply with keeping the confidentiality of the information obtained thereby, in implementation of the provisions hereof, where such information shall not be disclosed except to the extent deemed necessary.

 

Article (15)

Any provision which violates or conflicts with the provisions of this Law shall be abolished.

 

Article (16)

This Law shall be published in the Official Gazette and shall enter into force one month as of the date of its publication.

 

Khalifa bin Zayed Al Nahyan

President of the United Arab Emirates

Issued by us at the Presidential Palace, Abu Dhabi, on November 2006

Amended by Federal Law No. (1) of 2015 on 28 January 2015