Law Concerning the Regulation of Labour Relations - Federal Law No 8 of 1980, Issued on 20/4 / 1980 corresponding to 6 Jumādā al - Akhir 1400H, incorporating amendments up to Federal Decree Law No 08/2007 dated 13/11/2007; as published on the Ministry of Justice Legislation Portal and accessed 14 April 2011
Remarks: Article 3 of the Labour Law excludes the following categories of workers from its scope: a - Employees and workers of the Federal Government and the governmental departments in the Emirates, members of the State, the employees and workers in public entities and institutions, whether Federal or local, and employees and workers appointed for governmental, Federal and local projects. b - Members of armed forces , police and security. c - Domestic servants in private households and similar occupations. d - Workers in farms or pastures with the exception of persons working in agricultural institutions processing the products thereof or the persons permanently operating or repairing mechanical machines required for agriculture.
To obtain an exemption under §33, the philanthropic or educational institution must aim at the rehabilitation or professional training of youth or women and have the by-laws that stipulate the nature of the works carried out by youths and women, the working hours, the conditions of work therein in a manner not contradicting with the actual capacity of youths and women (§33 Labour Law).
Name of Act
Ministerial Resolution No. 49/1 of 1980 - Specifying the jobs which require non stop work and how to give the worker times for rest, food and prayer; published by the Ministery of Labour and accessed 8 April 2011
Ministerial Resolution 46/1 of 1980 Specifying the professions women can practice from 10pm to 7am; published on the Ministry of Labour website accessed 8 April 2011
Worker means every male or female working in return for a wage of any kind whatsoever for the employer and under the management and supervision thereof , even if out of sight. The term shall also include the employees working for the employer and subject to the provisions thereof.
Labour Law 1980 §1
Remarks: Article 3 of the Labour Law excludes the following categories of workers from its scope: a - Employees and workers of the Federal Government and the governmental departments in the Emirates, members of the State, the employees and workers in public entities and institutions, whether Federal or local, and employees and workers appointed for governmental, Federal and local projects. b - Members of armed forces , police and security. c - Domestic servants in private households and similar occupations. d - Workers in farms or pastures with the exception of persons working in agricultural institutions processing the products thereof or the persons permanently operating or repairing mechanical machines required for agriculture.
Employer
Employer means every natural or juridical person employing one or more workers in return for a wage of any kind whatsoever.
Labour Law 1980 §1
Overtime/overtime work
Overtime is work performed in excess of than the ordinary working hours.
Labour Law 1980 §67 Ministerial Resolution No. 467 of 2005 §3
Night work(er)
The word ’night’ shall mean a period of eleven consecutive hours at least including the period from 10pm until 7 am.
Labour Law 1980 §27
Domestic worker
Domestic servants in private households and similar occupations are excluded from the coverage of the Labour Law.
Labour Law 1980 §3
NORMAL HOURS LIMITS
Daily hours limit
The maximum number of ordinary working hours for adult workers shall be eight hours per day.
Labour Law 1980 §65 Ministerial Resolution No. 467 of 2005 §3
General limit
The maximum number of ordinary working hours for adult workers shall be 8 hours per day.
Labour Law 1980 §65
Exceptions
The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labor. Furthermore, the daily number of working hours may be reduced for strenuous or harmful works and such by virtue of a decision from the Minister of Labor and Social Affairs.
The ordinary working hours shall be reduced by two hours during Ramadan.
Labour Law 1980 §65
Weekly hours limit
The maximum number of ordinary working hours for adult workers shall be forty eight hours per week.
Labour Law 1980 §65
General limit
The maximum weekly hours shall be 48 hours per week.
Labour Law 1980 §65
OVERTIME WORK
Limits on overtime hours
Effective overtime working hours may not exceed two hours per day, unless such work is necessary for the prevention of the occurrence of a colossal loss, a serious accident or the removal or mitigation of the consequences thereof.
Labour Law 1980 §69
Remarks: No limits identified with regards to overtime worked in the occurrence of a colossal loss, a serious accident or the removal or mitigation of the consequences thereof.
Compensation for overtime work
The worker shall be paid a wage equivalent to the ordinary hourly wage with an addition of at least 25 % of the said wage for overtime work, unless the overtime is worked between 9pm and 4am, in which case the worker shall be paid an additional amount 50% of his or her wages.
Labour Law 1980 §§67, 68
SCHEDULES
General
Each employer shall prepare a table of daily working hours pursuant to this Resolution and shall place it in a prominent place where it can be seen by the workers and the labour inspectors during their inspection visits.
Ministerial Resolution No. 467 of 2005 §5
REST PERIODS
Rest breaks
The Labour Law provides for an entitlement to unpaid rest periods.
Labour Law 1980 §66
General provisions
The daily working hours shall be regulated so that the worker does not work more than five consecutive hours without intervals for rest , meals and prayer, whose total period shall not be less than one hour. Such intervals shall not be included in the working hours.
Labour Law 1980 §66 Ministerial Resolution No. 467 of 2005 §§1, 2
Remarks: Restrictions on the working hours for jobs performed under the sun and in outdoor areas by MR467/2005 mean that workers in such jobs shall cease such work between the hours of 12.30pm and 4.30pm.
Exceptions
For the factories and workshops where work is carried out in successive shifts around the clock, or for works that require uninterrupted work for technical and economic reasons, the master or manager in charge has to give permission for employees to pray, have beverages, snacks and rest in a way organised by the foundation during the work and guaranteed by the foundation’s schedule.
Labour Law 1980 §66 Ministerial Resolution No. 49/1 of 1980 §§1, 2
Special categories
Special regulations are to apply to shift workers.
Labour Law 1980 §66
» Shift work
For the factories and workshops where work is carried out in successive shifts around the clock, or for works that require uninterrupted work for technical and economic reasons, the Minister shall regulate the method whereby workers are granted the periods of rest, meals and prayer and such by virtue of a decision issued thereby. In these workplaces, the master or manager in charge has to give permission for employees to pray, have beverages, snacks and rest in a way organised by the foundation.
Labour Law 1980 §66 Ministerial Resolution No. 49/1 of 1980 §§1, 2
Daily rest periods
No daily rest period entitlements identified.
Weekly rest periods
Friday shall be the ordinary weekly rest for all workers with the exception of the daily worker.
Labour Law 1980 §70
Duration
1 day
Labour Law 1980 §70
Day specified
Friday
Labour Law 1980 §70
Work on weekly rest day
Should the circumstances require that the worker work on this day, the worker shall be entitled to a substitute rest day, or to the basic wage for the ordinary working hours in addition to 50 % at least of the said wage.
The worker may not be requested to work for more than two consecutive Fridays with the exception of the day workers.
Labour Law 1980 §§70, 71
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
The Labour Law 1980 provides an entitlement to annual leave.
Labour Law 1980 §75
Qualifying period
6 months
Labour Law 1980 §75
Duration
The worker shall be entitled during every year of service an annual leave of no less than the following periods: a - Two days for each month should the period of service of the worker be of six months at least and a year at most. b - Thirty days for each year should the period of service of the worker exceed one year.
Should the service of the worker be terminated , the worker shall be entitled to an annual leave for the fractions of the last year.
Labour Law 1980 §75
Payment
Annual leave is to be paid.
Labour Law 1980 §78
» Amount
The worker shall receive a basic wage and a housing allowance, if any, for the days of the annual leave.
Labour Law 1980 §78
» Date of payment
The employer shall pay to the employee the entire wage due thereto, in addition to the leave pay determined by virtue of the provisions hereof, prior to the annual leave thereof.
Labour Law 1980 §80
Schedule and splitting
The employer may determine the date of the commencement of the annual leave, and may divide it if necessary to two or more periods. The division provision shall not apply to the leave of youths.
Labour Law 1980 §76
Work during annual leave
Should the work circumstances require that the worker work during his total annual leave or a part thereof, and should the leave during which the worker worked is not carried forward to the next year, the employer must pay the worker the wage thereof, in addition to a leave allowance for the days of work, equal to his basic wage. Further, the worker shall be granted a substitute leave as well as an increase in the wage amounting to 50% thereof. Should he not be granted a substitute leave, the employer shall pay to the worker an additional sum to the basic salary thereof amounting to 150 % with regards to the days of work.
In all cases, the worker may not be required to work during the annual leave for more than once within two consecutive years.
Workers are prohibited from working for another employer during periods of annual leave.
Labour Law 1980 §§78, 81, 88
Special categories
The annual leave of youths cannot be split.
» Young workers
The annual leave entitlement of youths cannot be split by the employer.
Labour Law 1980 §76
PUBLIC HOLIDAYS
The Labour Law 1980 establishes an entitlement to paid public holidays.
Labour Law 1980 §74
Number and dates
The worker shall be entitled to an official leave with full payment in the following occasions : a - New Year’s Day (Hejir) - One day. b - New Year’s Day (Gregorian) - One day. c - Eid al Fitr - Two days. d - Eid al Adha and Arafat Day - Three days. e - Prophet Mohammed Birthday Anniversary - One day. f - Isra and Mi’raj - One day. g - National Day - One day.
Labour Law 1980 §74
Payment
Workers are entitled to full payment for public holidays.
Labour Law 1980 §74
Work on Public Holidays
The Labour Law contemplates that workers may be required to work on public holidays.
Labour Law 1980 §81
» Criteria
Work may be performed on public holidays if required by work circumstances.
Labour Law 1980 §81
» Compensation
Should the work circumstances require that the worker work during holidays, the worker shall be granted a substitute leave as well as an increase in the wage amounting to 50% thereof. Should he not be granted a substitute leave, the employer shall pay to the worker an additional sum to the basic salary thereof amounting to 150% with regards to the days of work.
Labour Law 1980 §81
EMERGENCY FAMILY LEAVE
No emergency family leave entitlements identified.
PART-TIME WORK
No provisions dealing expressly with part-time work identified.
NIGHT WORK
Special categories
Limitations are placed on women working at night.
Labour Law 1980 Ministerial resolution 46/1 of 1980
Women
Women may not be employed at night, except in the following circumstances: a - When work in the firm ceases by a force majeure; b - Work in administrative and technical position; c - Work in health services and other jobs determined by virtue of a decision issued by the Minister of Labor and Social Affairs should the working woman not normally practice a manual work.
Labour Law 1980 §§27, 28 Ministerial resolution 46/1 of 1980
Remarks: Ministerial resolution 46/1 of 1980 specifies particular professions in which women can work between 10pm and 7am
SHIFT WORK
No provisions dealing expressly with shift work identified.
ON-CALL WORK
No provisions dealing expressly with on-call work identified.
FLEXITIME
No provisions dealing expressly with part-time work identified.
CASUAL WORK
No provisions dealing expressly with casual work identified.
SHORT-TIME WORK/WORK-SHARING
No provisions dealing expressly with short-time work or work-sharing arrangements identified.
RIGHT TO CHANGE WORKING HOURS
No right to change working hours identified.
INFORMATION & CONSULTATION
Information
Each employer shall prepare a table of daily working hours pursuant to this Resolution and shall place it in a prominent place where it can be seen by the workers and the labour inspectors during their inspection visits.
Ministerial Resolution No. 467 of 2005
Consultation
No consultation obligations identified.
Results generated on: 24th April 2024 at 01:23:09.
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