Definition and general provisions
Article 1
For the purpose of this Law, the following terms and expressions shall have the meanings herein assigned to them, unless the context requires otherwise:
State: The United Arab Emirates
Ministry: Ministry of Labour.
Minister: Minister of Labour.
Competent Authority: General Directorate of Nationality and Residence
Employer: Any natural or legal person employing one or more workers in return for any kind of wage.
Contract Employer: The owner of a project or works carried out in implementation of a contract, as per the provisions of Section 1, Chapter Three of Civil Transactions Act.
Works Contractor: Any person commissioned to carry out construction and design services against certain remuneration, in accordance with the Civil Transactions Act
Labour Contractor: Any person who is licensed to supply and employ non-National workers on his/her sponsorship in accordance with the provisions of Clause 2 (a) of Article 17 of the Labour Law.
Worker: Any male or female working, for wage of any kind, in the service or under the management or control of an employer, albeit out of his sight. This term applies also to labourers and employees who are in an employer’s service and are governed by the provisions of this Law.
Child: Every male or female person of thirteen years of age but below eighteen years of age.
Firm: Any unit where personnel are employed and whose objective is to produce or market commodities or to provide services of any kind.
Registered Firm: Any licensed unit where personnel are employed and which has been granted a firm card to engage in recruiting workers according to rules and procedures effective in the Ministry.
Labour Permit:
The approval granted to a non-National labourer to work temporarily within the State on application presented and completed by an employer.
Employment Contract:
Any agreement, for a definite or indefinite term, concluded between an employer and an employee, whereby the latter undertakes to work in the employer’s service and under his management and control, in return for a certain wage that the employer undertakes to pay.
Work:
Any human effort, whether it is intellectual, technical or physical, exerted in return for wage.
Temporary work:
Any assignment that has to be carried out within a specified period of time.
Agricultural work:
Work involving ploughing, cultivation, harvesting, or breeding of cattle, poultry, silkworms, bees and the like.
Continuous service:
An uninterrupted service with the same employer or his legal successor, from the service commencement date.
Wage: Any reward, in cash or in kind, given to a worker, in return for his service under an employment contract, whether on yearly, monthly, weekly, daily, hourly, piece-meal, productivity or commission basis. The wage shall include the cost of living allowance and any grant given to a worker as a reward for his honesty or efficiency, provided such amounts are stipulated in the employment contract or in the firm’s internal regulations.
Basic wage:
The wage specified in a valid employment contract, exclusive of any allowances whatsoever.
Registers or Files:
All documents including those which are electronically developed, stored or copied.
Occupational injury:
Any of the work-related diseases listed in the schedule attached hereto or any other injury sustained by a worker during and by reason of carrying out his duties. Any accident sustained by a worker on his way to or back from work shall be considered an occupational injury, provided that the journey to and from work is made without any break, lingering or diversion from the normal route.
The concerned labour department:
The branches of the Ministry that are in charge of labour affairs in the Emirates of the Federation.
Medical Authority: Competent federal or local medical authority or any other approved medical centre
Article -2
The Arabic language shall be used in all registers, contracts, files, statements, and any other document stipulated in this Law, or in any decision or regulation issued in implementation thereof. The employer shall observe this requirement by insuring that all contracts made with his workers as well as all instructions or circulars issued to them on his own or in compliance with the law, shall be formulated in a simple language that workers can understand. Where a foreign language is used by the employer besides Arabic, the Arabic version shall prevail.
Article-3
1. No discrimination shall be permissible to deny persons of the same qualifications and experience the right to equal opportunities to find decent work, remain in their jobs and enjoy full employment rights and benefits.
2. Rules and measures introduced to promote the participation of UAE Nationals in the labour market shall by no means regarded as discrimination.
Article-4
The provisions of this Law shall not apply on the following categories:
a. Employees of the Federal Government and of governmental departments of the emirates of the Federation, employees of municipalities, other employees of federal and local public authorities and corporations, as well as employees who are recruited against federal and local governmental projects;
b. Members of the armed forces, police and security;
a. Domestic servants employed in private households, and the like;
d. Farming and grazing workers, other than those working in agricultural establishments that process their own products, and those who are permanently employed to operate or repair mechanical equipment required for agricultural work.
Article-5
Any payments due to an employee or his beneficiaries hereunder shall constitute a first priority charge on all the employer’s moveable and immovable property, and shall be paid immediately upon settlement of any legal expenses, sums due to the public treasury and Sharia’s alimony awarded under Islamic Law to the wife and children.
Article-6
Actions initiated by employees or their beneficiaries under this Law shall be exempt from court fees at all stages of litigation and execution, and shall be dealt with in an expeditious manner.
Upon non-admission or dismissal of a case, the court may order the plaintiff to pay all or part of the expenses.
Article-7
Without prejudice to the rules provided for under this Law concerning collective labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent The concerned labour department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably. If no such amicable settlement is reached, the said Department shall, within thirty days from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the the concerned labour department to explain the content of the memorandum submitted by it.
In all cases, no claim for any of the rights provided for under this Law shall be heard if brought to court after the lapse of two years from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.
Article -8
- The provisions of this Law shall not affect any right acquired by a worker under any other law, agreement, undertaking, or system, which are more advantageous to the worker.
b. Any conditions stipulated in a contract or an agreement concluded before or after this Law comes into effect, requiring the worker to abandon any of his rights under this Law, shall be null and void.
Employment contract and records and wages
Article-9
The periods and dates referred to herein shall be calculated according to the Gregorian calendar. For the purpose of this Law, a calendar year is regarded as 365 days, and a calendar month as 30 days, unless otherwise specified in the employment contract.
Employment of workers, Children, and women
Article-10
a. Work is an established right of the Nationals of the United Arab Emirates. Non-Nationals can only engage in work within the State in accordance with the conditions stipulated in this Law and its executive orders.
The concerned labour department shall observe the following in processing employment permit applications:
1. Number of unemployed Nationals who are qualified for work.
2. Nationals’ percentage within the workforce of the firm.
3. The percentage of handicapped Nationals who are professionally qualified.
b. Any employer who employs non-National professionals or technicians shall train a suitable number of Nationals to be nominated by the Ministry or authority approved by the Ministry, on the fields of their expertise, or recruit National counterparts as assistants to these professionals and technicians to acquire relevant experience.
c. The Minister may determine the ratio of non-National workers to National workers in each sector and prohibit the employment of non-Nationals in certain economic sectors or jobs.
d. The Minister may order the imposition of a levy on the employment of non-Nationals in certain or all sectors in accordance with categories he may recommend. Imposition of levies shall be decreed by the Council of Ministers.
e. It shall not be permissible to terminate the service of a National to replace a non-National in his/her position.
f. In cases where labour force exceeds the actual needs of work for economic, technical or any other reasons, priority shall be given to termination of redundant non-National workers.
Article-11
Without prejudice to the provisions of Article 10 thereof, in cases where Nationals of the United Arab Emirates or citizens of Arab Gulf Cooperation Council States are not available for work, employment shall take place according to the labour policy laid down by the Ministry for the purpose, provided that priority be given to nationalities of other Arab countries.
Article-12
The Ministry shall support the employment of Nationals through the following measures:
1. Procuring employment opportunities suitable for Nationals;
2. Assisting employers by supplying their demand of National workers when needed;
3. Registering Nationals who are unemployed or seeking better employment in a special register.
4. Monitoring and organizing the procedure of nomination for employment in the private sector.
Article-13
Employers shall find jobs for any unemployed National worker, provided they notify in writing, the concerned labour department within fifteen days from the date of such employment.
The notification statement shall include the worker’s name, age, the date on which he reports to duty, wage, type of job and registration number.
Article-14
- Non-Nationals may not be employed in the United Arab Emirates without the prior approval of the competent The concerned labour department and. Any person applying to bring in or employ non-National workers shall have a firm registered with the Ministry, capable of fulfilling its obligations and has presented such guarantees that may be determined by the Minister.
- Approval to bring in a non-National for work shall take place subject to the following conditions:
- That there are no unemployed Nationals, according to the register, who are capable of performing the work required, consideration to the priority established as per Article 10 thereof.
- The required worker must have professional competence or educational qualifications needed by the State.
- The worker has fulfilled the period of ban from work in the State stipulated in this Law.
- The worker has no history of illegally entering or leaving the State.
3. No non-National may be employed unless he has legally entered the State in accordance with the rules laid down for the entry and residence of non-Nationals. It is also not permissible to employ a worker whose employment permit was issued to another employer without the Ministry’s approval.
Article-15
occupation and job specified by the decision.
<!--[if !supportLists]-->1. <!--[endif]-->Any employer whose application to bring in workers has been approved shall:
a. obtain the employment permit and conclude the employment contract for workers brought in according to the provisions of this Law and as per the rules and procedures laid down by the Ministry;
b. pay the expenses of workers’ travel, employment permit, medical examination, residence and any other costs that may be required by the public, federal or local authorities;
c. pay the worker’s wage from the first day he enters the country, unless it is not possible for the worker to assume duty for personal reasons as may be decided by the The concerned labour department;
d. repatriate the worker to his point of hire in the event of failure to employ him, and pay all expenses thereof.
2. The validity of a non-National’s employment permit shall be subject to the period of residence, provided that it must not exceed three years, renewable only once for an equal term. A worker whose renewed employment permit expires shall not be allowed to work or granted a fresh employment permit at least six months before the date of such expiration. The Minister shall issue a resolution specifying the occupations and jobs that may be exempted from this provision.
3. Without prejudice to clause 2 above, a decision by the Minister shall set out conditions, rules and procedures for granting employment permits, and determine their validity periods in accordance with the type of each
Article-16
- The Ministry may cancel an employment permit granted to a non-National with a recommendation to the competent authority for his repatriation to his country of origin or point of hire, in the following cases:
1. if he no longer meets one or more of the conditions on the basis of which the permit was granted;
2. if he remains unemployed;
3. if his contract is terminated for one of the reasons stipulated in this Law;
4. if it is proven that he is working for an employer other than the originally licensed one without the Ministry’s approval.
In all cases, it shall be ensured that the worker has received all his entitlements, if any, from the employer. Thereafter, the competent authority shall liaise with the competent authority for the cancellation of the worker’s residence and his repatriation.
In the event a legal dispute arises between the two, cancellation of residence shall take place three months after the case is brought to court.
b. The Ministry shall cancel a card of any registered firm that is in breach of the Law, decisions and executive regulations thereof. Such firm, once notified of cancellation decision, shall terminate the service of non-National workers on its sponsorship, settle their entitlements and repatriate them within a period not exceeding thirty days from the date of notification.
c. The Ministry may ban the firm or the employer from using foreign labour on the bases of rules and procedures determined in an order by the Minister.
Article-17
The Minister shall prescribe, by a ministerial resolution, the rules and procedures for labour supply and recruitment, types and activities of employment agencies and conditions for licensing them.
Article-18
1. It shall not be permissible for any natural or legal person to serve as agent for recruitment or supply workers unless he is duly licensed to do so.
The licence shall be valid only for the periods and according to conditions prescribed by the Ministry; and the licensee shall function under the Ministry’s supervision and control. The Minister may not grant such licence if a placement office affiliated to the Ministry or to an authority approved by the Ministry is already operating in the area and is able to act as an intermediary in the supply of labour.
2. The following types of employment agencies shall have a separate licence each:
a. Labour Contractor: The licensee is authorized to import labour under his sponsorship to work for other employers. The contractor’s relationship with, and responsibility for these workers shall be maintained even after they join the service of other employers, and throughout their stay in the country unless their sponsorship is transferred according to the Law.
b. Labour Supply Office: The licensee is authorized to play an intermediary role in bringing foreign workers into the country on behalf of his agent employers and under their own sponsorship. Persons supplied by a labour supply office shall, immediately upon assuming employment, be regarded as employees of that employer and shall have all the rights of the employees of the firm in which they are employed. They shall relate directly with their employer, without any involvement on the part of the employment
c. Internal Employment Agent: The licensee will engage in promoting vacant job opportunities, employment applications, labour market information, as well as match National or non-National jobseekers’ qualifications against available employment opportunities and coordinate recruitment processes. Jobseekers nominated for work by an internal employment agent shall, immediately upon assuming employment, be regarded as employees of that employer and shall have all the rights of the employees of the firm in which they are employed. They shall relate directly with their employer, without any involvement on the part of the employment agent, whose function and relationships with them shall cease as soon as they are supplied to and employed by the employer.
d. Labour Market Information Agent: The licensee is basically concerned with promotion of vacant job opportunities, employment applications, labour market information, without being involved in matching jobseekers’ qualifications or coordinating job placements.
Article-19
No employer or licensed employment agent shall demand or accept from any worker, whether before or after the latter’s admission to employment, any commission or material reward in return for employment, or charge him for any expenses thereby incurred, except as may be prescribed or approved by the Ministry.
Article-20
The Minister shall prescribe, by virtue of ministerial resolutions, the rules, procedures, and forms to be adhered to by private and public employment agencies, the manner of coordination of the activities of these agencies, and the conditions for licensing private employment agencies and labour suppliers. The Minister shall also issue resolutions prescribing the occupational classification tables, which shall serve as a basis for recruitment.
Article-21
<!--[if !supportLists]-->1. <!--[endif]-->It shall not be allowed to employ male or female children under the age of fifteen.
<!--[if !supportLists]-->2. <!--[endif]-->No child shall be employed on any job that is hazardous, laborious or detrimental by its very nature to his/her health, safety or behaviour.
A resolution shall be issued by the Minister defining such jobs, after consulting the concerned authorities.
3. Children shall under no circumstances be required to engage in any form of work prohibited by relevant International Conventions ratified by the State.
4. Except for the cases provided for in items 3 and 4 above, children may undertake academic, technical or vocational training or engage in jobs that are not hazardous to their health and natural growth, or inconsistent with universal schooling requirement, according to rules and procedures prescribed by the Minister.
Article-22
Before employing a child, an employer shall obtain the following documents and keep them in the employee’s personal file:
1- a birth certificate, or an official extract thereof, or an age estimation certificate, to be issued by a competent medical officer and authenticated by approved health authorities.
2- a certificate of medical fitness for the required work, issued by a competent medical officer and duly authenticated;
3- a written consent from the child’s guardian
or
trustee.
Article-23
The employer shall keep at the work place a special register of children, showing each child’s name and age, full name of his guardian or trustee, the child’s place of residence and date of employment, and the job on which he is employed.
Article-24
Without prejudice to the provision of Article 20 thereof, no child shall be made to work at night in an industrial enterprise. The term “at night” refers to a period of not less than twelve consecutive hours, including the period from 8 p.m. to 6 a.m.
Article-25
No child shall be employed on any job that is hazardous, laborious or detrimental to his/her health. Such jobs shall be prescribed in a resolution by the Minister.
Article-26
The maximum working hours for children shall be six a day, intercepted by one or more breaks for rest, food or prayer, which shall amount in aggregate to not less than a full hour. Such break(s) shall be so arranged that no child shall work for more than four successive hours. No child shall remain at the work place for more than seven successive hours.
Article-27
Children shall under no circumstances be required to work overtime, or to remain at the work place after their prescribed working hours, or be employed on a rest day.
Article-28
No women shall be required to work at night. The term “at night” refers to the period from 10 p.m. to 7 a.m.
Article-29
Article-30
No women shall be employed on any job that is hazardous, arduous or physically or morally detrimental or on any other work as may be specified in a resolution by the Minister, after consulting the concerned authorities.
Article-31
1. A female worker shall be entitled to maternity leave for a period of 100 days, the first forty five days of which shall be on full pay and the balance of fifty five days without pay. The leave shall cover both pre- and post-natal periods, provided that worker has completed not less than one year of continuous service with her employer. A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay for the first forty five days.
A female worker who has exhausted her maternity leave may be absent from work without pay for a maximum period of forty five consecutive or non-consecutive days if such absence is due to a maternity-related illness preventing her from resuming her work. Such illness shall be documented by a medical certificate issued by the competent medical institution. The latter period shall not be included within pensions or retirement benefits scheme.
The leave provided for in the preceding two paragraphs shall not be deducted from the female worker’s other leave periods, and it shall not be permissible to terminate the service of or warn her during this leave.
2. A female worker shall be entitled to maternity leave upon delivery after six months or more of pregnancy, even if the infant was born dead or died afterwards.
3. An employer shall grant a woman worker, at any time upon request, her maternity leave, to commence thirty one days before the expected delivery date, as certified by the competent medical authority.
Article-32
During the 18 months following her delivery, a female worker nursing her child shall, in addition to any prescribed rest period, be entitled to two additional breaks each day for this purpose, neither of which shall exceed half an hour.
These two additional breaks shall be considered as part of the working hours and shall not entail any reduction of wage.
Article-33
A female’s wage shall be equal to that of a male if she performs the same work, and no woman shall be discriminated against in respect of her right to employment and job security in equal terms with men. It shall not be permissible to terminate the service of a female worker on grounds of marital status, pregnancy, delivery or maternity.
Article-34
The Minister may resolve that training and educational institutions be exempted from all or some of the provisions of the preceding two Sections of this Chapter, if the objective of such institutions is to provide vocational training or education for children or women, and provided that the internal regulations of such institutions shall specify the nature of activities undertaken by children and women at these institutions, and their employment terms and working hours, in a manner that is not incongruent with the actual endurance of children and women
Article-35
The following persons shall be held punitively responsible for observance of the provisions of Sections II and III of this Chapter:
a. employers or their representatives;
b. a child’s guardian or trustee, a woman’s husband or guardian, or her trustee if she is a minor - who consents to the employment of children or women contrary to the provisions of this Law.
Employment contracts and, Records and wages
Article-36
Having due regard to the provisions of Article 2, an employment contract shall be written in duplicate, with one copy to be delivered to the worker and the other to the employer. In the absence of written contract, adequate proof of its terms may be established by all admissible means of evidence
Article-37
Having due regard to the provisions of Article 8 of this Law, an employment contract shall particularly specify the date of its conclusion, the date on which work is to commence, the type and place of the work, the duration of the contract, (if definite), the amount of the wage and any other provisions in respect of work conditions.
Article-38
A worker may be employed on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice. A worker shall not be placed on probation more than once with the same employer. Where a worker successfully completes the period of probation and continues in employment, the said period shall be calculated as part of his period of service.
Article-39
Notwithstanding the provision of clause 2, Article 15 thereof, employment contract may be for a definite or indefinite term. A definite term contract shall not exceed four years; however, it may be renewed by mutual agreement for an equal or a shorter term, once or more. Where a contract is renewed, the renewal shall be deemed as an extension of the original term and shall be added thereto when calculating the worker’s total period of service.
Article-40
An employment contract shall, from its inception, be considered as an indefinite term contract if and only if it:
1- Is not written;
2- Is concluded for an unspecified period ;
3- Was originally written and concluded for a definite term but both parties, without a written agreement between them, continued to perform it after its expiry;
or
4- was originally concluded for the execution of a specific work that had no specific duration or that is recurrent by nature, but the contract continued after completion of that specific work.
Article-41
Where the parties to the contract continue - after expiry of its initial term or completion of the work agreed upon - to perform the contract without explicit agreement, the original contract shall be deemed to have been extended on the same conditions except for the term.
Article-42
- Where an employer subcontracts any of the principal operations or any part thereof to a works contractor, the latter shall be solely liable for all entitlements of employees engaged in such subcontracted work in accordance with the provisions of this Law.
- Where a works contractor subcontracts any of the principal operations or any part thereof to a third party, both of them shall be jointly liable for all entitlements of employees engaged in such subcontracted work in accordance with the provisions of this Law.
- The labour contractor and employer shall be jointly or solely liable for all entitlements of employees.
Article-43
An apprenticeship contract is one whereby a firm owner undertakes to provide full vocational training consistent with the professional standards to another person who has completed at least 12 years of age, who, in turn, undertakes to work for the employer during the training period subject to such terms and for such period as mutually agreed.
The apprenticeship contract shall be in writing; otherwise it shall be null and void. The employer or the training provider shall be sufficiently qualified and experienced in the relevant vocation or trade. In addition, the firm shall satisfy the technical requirements and facilities necessary for providing such training.
Article-44
An apprentice who has reached the age of maturity may conclude the training contract himself. Those under the age of 18 years may not conclude a training contract directly with an employer, but shall be represented by their natural guardians, legal trustees, or person in loco parentis.
Article-45
An apprenticeship contract shall contain details of the identity of the contracting parties or their representatives, as the case may be, and of the procedures, duration, phases, and subject of the training.
Article-46
An employer shall allow a trainee sufficient time to acquire theoretical knowledge and shall, throughout the period fixed in the contract, train him on the principles of the occupation and the skills for which he was recruited. The Employer shall issue the trainee a certificate on completion of each phase of training in accordance with the provisions of this Section, and also a final certificate on completion of the training period. Such certificate shall be attestable by the competent the concerned labour department in accordance with the rules and procedures to be specified in a resolution by the Minister.
Article-47
A worker may undertake in the apprenticeship contract that, upon completion of his training, he will work for the employer or in the establishment where he has been trained, for a period not to exceed twice the period of training. The employer may undertake in the contract to employ the trainee upon completion of the latter’s period of training. The employer may also include in the training contract a provision requiring the trainee to bear the training costs, or part thereof, in the event the latter lacks commitment to work or leaves the work place of his own accord before completion of the work agreed upon.
In all cases, the worker may not work for an employer after the completion of training for a period exceeding twice the period of training.
Article-48
An apprenticeship contract shall specify the wage payable during each phase. The wage payable in the final phase shall not be less than the minimum prescribed for an identical work and shall in no circumstances be fixed on a piece-work or productivity basis.
Article-49
An apprentice who is under 18 years of age shall, before his training starts, undergo a medical test to determine his ability to carry out the work involved in the profession for which training is sought. If such profession calls for specific physical and health requirements, the medical report shall state whether the training candidate meets such requirements, both physical and psychological.
Article-50
The Minister may issue resolutions to regulate training for those professions and trades requiring training, and prescribe the period of such training, the theoretical and practical programmes, the testing conditions and the certificates to be issued on completion of the training period.
The Minister’s resolutions in this respect shall be made after consulting the public institutions concerned. The Minister may in all cases appoint one or more experts in the profession or trade for which the training is to be regulated, to advise him on this matter.
Article-51
- The Minister may issue resolutions for the establishment of vocational training centers, whether independently or in association with professional or non-profit national, foreign or international organisations. The resolution establishing a center shall specify the profession for which training is to be provided, the conditions for admission to the center, the programmes of theoretical and practical study, the rules governing vocational examination and certification, and any other provisions for the optimum operation of the centre.
- The Ministry shall issue licences for the provision of training services in the fields of occupational safety and health. The Minister may issue a resolution defining rules and measures regulating the provision.
Article-52
<!--[if !supportLists]-->1. <!--[endif]-->The Minister may require such firms, companies, and owners of industrial, professional and craft units as he may specify, to accept for employment a specified number or percentage of National trainees, subject to such terms and conditions, and for such periods, as he may specify.
<!--[if !supportLists]-->2. <!--[endif]--> The Minister may also require such firms, companies, and owners of industrial, professional and craft units as he may specify, to accept for the purpose of training and completion of practical experience a specified number or percentage of the students of industrial and polytechnic institutes and centers, subject to such terms and conditions, and for such periods, as may be agreed with the management of the firms concerned.
Article-53
Every employer shall:
(1) Keep a special file for each worker, showing his name, job or occupation, age, nationality, place of residence, marital status, date of employment, wage and any adjustments thereto, penalties imposed on him, occupational injuries and diseases he sustains and the date of and reasons for termination of his service;
(b) Create a leave card for each worker, to be kept in the employee’s file. It shall be divided into three parts: the first for annual leaves, the second for sick leaves and the third for other leaves. The employer, or his representative, shall record on this card all leaves taken by the worker, for future reference when any leave is requested.
Article-54
Each employer of 15 or more workers shall maintain the following records and documents in each one of his work places or branches:
1- a wage register, listing the workers’ names by
the date of employment, together with the amount of each worker’s daily, weekly or monthly pay, fringe benefits, piece-work or commission pay, days of work and the date of termination;
2- an occupational injuries register, where all work-related injuries and occupational diseases sustained by the workers shall be entered as soon as they become known to the employer;
3- basic work rules, which shall particularly specify the timings of daily work and weekly rest, official holidays and the necessary measures and precautions to be taken to prevent work-related injuries and fire hazards. Such rules shall be conspicuously displayed at the work place, and neither these rules nor any amendments thereof shall become effective unless endorsed by the The concerned labour department within 30 days of submission to it; and
4- Disciplinary rules, which shall be conspicuously displayed at the work place, and shall show the disciplinary actions imposable upon defaulting workers, and the conditions and circumstances of such imposition. Neither these rules nor any amendments thereof shall become effective unless endorsed by the The concerned labour department within 30 days of submission to it.
Article-55
Wages shall be paid in legal tender on a working day, at the place of work, in the official national currency. The Minister may require payment by cheque or to a bank account designated the worker, in accordance with such rules and procedure specified in a resolution issued by the Minister. In all cases, the employer shall enable the worker to access the details of his wage as deemed necessary.
Article-56
Workers employed on yearly or monthly wage basis shall be paid at least once each month; all other workers shall be paid at least once every two weeks. Wages shall be paid regularly and within a period not exceeding five days from the close of each pay period.
Article-57
The daily wage of a worker employed on piece-work basis shall be calculated as an equivalent to the average wage he received for actual days of work during the six months preceding an application or action related to any matter concerning the wage.
Article-58
Workers shall not be required to purchase food or other commodities at any particular shop, or of employer’s produce.
Article-59
No amount of money may be deducted from a worker’s wage in respect of private claims, except in the following cases;
1. Repayment of loans or money advances paid to the
worker in excess of his entitlements, provided that the
amount deducted in this case shall not exceed 10 per cent
of his wage;
2. Contributions that the workers are required by law to make from their wages toward social security and insurance schemes;
3. Fines imposed upon the worker for any offence he commits according to the disciplinary regulations approved by the concerned labour department ;
4. Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof shall not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the worker’s wage shall be divided pro rata among the creditors, after payment of any legal alimony.
Article-60
Where a worker, either through his own fault or as a result of violating the employer’s instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by or in the custody of the employer, the employer may deduct from the worker’s wage such amount as may be necessary for repair or restoration, provided that the amount so deducted shall not exceed five days’ wage for each month. However, the employer, through the concerned the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has money or any other source of income.
Article-61
An employer may not transfer a monthly-paid worker, without his written consent, to the daily, weekly, hourly or piece-meal paid category. In the event such worker is transferred, his service shall be deemed to be continuous and his entitlements shall be calculated on the basis of monthly-paid category or the other category, whichever is more advantageous to him.
Article-62
An employer shall provide favourable conditions for the worker to fulfill his obligations at work. If the worker reports to duty on the date agreed upon but is unable to start work for reasons connected with the employer, he shall be entitled to his wage pursuant to the employment contract. Should the same reasons persist for a period of three consecutive months, the worker may abandon work according to Article 122 of the Law, provided he notifies the concerned labour department within one month from the end of that period.
Article-63
The minimum wage and the cost-of-living index payable to workers in general or in a particular area or occupation shall be fixed by a Cabinet resolution based on a proposal to be made by the Minister.
The Minister shall put forward his proposal for determining, or reviewing, the minimum wage, after consulting the competent authorities and the labour organizations of workers and employers, if any, and after having reference to studies and tables of fluctuations in the cost of living indices drawn up by the competent authorities in the State, to ensure that the said minima are sufficient to meet the worker’s basic needs and guarantee his livelihood.
Article-64
The minimum wage and the cost-of-living index payable to workers in general or in a particular area or occupation shall be fixed by a Cabinet resolution based on a proposal to be made by the Minister.
The Minister shall put forward his proposal for determining, or reviewing, the minimum wage, after consulting the competent authorities and the labour organizations of workers and employers, if any, and after having reference to studies and tables of fluctuations in the cost of living indices drawn up by the competent authorities in the State, to ensure that the said minima are sufficient to meet the worker’s basic needs and guarantee his livelihood..
Article-65
The minimum wage rates and any amendments thereto shall take effect from the date the resolution announcing them is published in the official Gazette.
WORKING HOURS AND LEAVES
Article-66
- The periods spent by a worker in traveling between his home and place of work shall not be included in his working hours.
- The maximum normal working hours for adult workers shall be eight hours in the day, 48 hours in the week. They may be increased to nine hours a day in preparatory or supplementary works, commercial establishments, hotels, cafeterias, security services and such other businesses that require continuous and successive shifts to perform as may be added by resolution of the Minister. In any case, the average normal and additional working hours per week shall not exceed 56 hours, without prejudice to worker’s weekly rest days.
- Where working hours as specified in the employment contract, the firm’s regulations or otherwise, are less than eight hours for one day or more in the week, the maximum daily working time may amount to nine hours for the remaining days of the week, provided that the weekly working period shall not exceed 48 hours on average.
- Where work is organized in the form of shifts, working time may exceed eight hours a day, or 48 hours a week, provided that the average working time for three weeks or less shall not exceed eight hours a day, or 48 hours a week.
- The normal working time shall be reduced by two hours during the month of Ramadan.
- The daily working hours may be reduced in the case of arduous or health-hazardous work. The Minister shall issue a resolution specifying the types of work cited in items 2 and 6 of this Article.
Article-67
The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks - for rest, meals and prayer- amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours.
However, in factories and workshops where work is organized in the form of successive day and night shifts, and in processes where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the Minister.
Article-68
Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage.
Article-69
Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he shall be entitled in respect of such overtime to the wage stipulated for his normal working hours, plus a supplement of at least 50 per cent of that wage.
Article-70
The number of hours of actual overtime shall not exceed two a day, unless such work is essential for preventing a substantial loss or a serious accident, or eliminating or alleviating the impact of the latter.
Article-71
Any worker shall be entitled to at least one day rest a week. The weekly rest days shall be regulated by a Cabinet resolution on the recommendation of the Minister.
Article-72
Where a worker has to be put on duty on his weekly rest day, he shall be paid his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage.
Article-73
No worker shall be required to work more than two successive weekly rest days.
Article-74
The provisions of this Section shall not apply to the following categories:
1- Persons holding senior executive managerial or supervisory positions, if such positions confer upon the incumbents the powers of an employer over workers. The categories in question shall be specified by resolution of the Minister.
2- Crew of marine vessels and seamen who serve under special conditions of service on account of the nature of their work, with the exception of port workers engaged in stevedoring and related operations.
Article-75
- Work may be performed on part-time basis.
- A part-time worker refers to any worker whose normal working hours are less than the daily hours done by full-time workers of the same or similar occupational category and working for the same firm.
- The Ministry may issue part-time employment permits for non-National workers who enter the country on legal resident visa.
- The conditions, procedures and rules governing part-time work shall be specified in a resolution by the Minister.
Article-76
The employer shall post up at the main entrances used by the workers, and in a conspicuous position at the workplace, a timetable showing the weekly day off, hours of work and rest periods applicable to all classes of workers. A copy of this timetable shall be filed with the competent labour department.
Where the work place is not observing the statutory weekly day off, the employer shall post up at the places referred to in the preceding paragraph a timetable showing the weekly rest day for each class of workers.
Article-77
- Each worker shall be entitled to leave with full pay on the following occasions:
(a) New Year’s Day (Hijra): one day.
(b) New Year’s Day (Gregorian): one day.
(c) Lesser Bairam: two days.
(d) Greater Bairam and Eve: three days.
(e) Birthday of Prophet Mohammed: one day.
(f) Al Isra and Al Mi’raj: one day;
(g) National Day: one day.
2. The Minister shall announce in a resolution, the commencement and end for each of the above leaves.
Article78
1. A worker shall, for each year of service, be entitled to an annual leave of not less than 21 days. This leave shall not be granted during the first year of employment unless the worker completes more than six years in service.
2. Where a worker’s service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
3. The provisions of paragraph (1) of this Article shall not prejudice the worker’s rights acquired during his service preceding the date this Law came into effect.
Article-79
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article-80
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
Article-81
- Each worker shall be entitled to his basic wage and the housing allowance, if applicable, in respect of his days of annual leave. Where it was imperative for the work interest to put a worker on duty during all or part of his annual leave, and if the leave days on which he worked were not carried forward to the following year, the employer shall pay him his normal wage plus an allowance in lieu of leave, for the actually worked days, calculated on the basis of his basic wage. The wage and allowance shall be paid to the worker within a maximum period of one month from the date he starts work.
- In no case shall a worker be made to work during his annual leave more than once in two successive years.
Article-82
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law, in addition to any allowance entitled in respect of the leave.
Article-83
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law, in addition to any allowance entitled in respect of the leave.
Article-84
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be paid 50 per cent of his wage for hours worked plus a substitute leave in respect of such days. If he is not granted substitute leave, his employer shall pay him 100 per cent of his basic wage in respect of the days worked.
Article-85
- The employer shall be responsible for covering the cost of his workers’ health care. In the case of a non-National worker, such responsibility shall commence from the date he enters the country.
- A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of three days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Article-86
<!--[if !supportLists]-->1- <!--[endif]-->Without prejudice to the provisions of this Law governing occupational diseases or injuries, a worker shall not be entitled to any paid sick leave
during the probationary period.
<!--[if !supportLists]-->2- <!--[endif]--> A worker who remains in continuous service of an employer after the probationary period, shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.
a) The first 15 days: with full pay.
b) The next 30 days: with half pay.
c) Any subsequent periods: without pay.
Article-87
No wage shall be payable for sick leave if the illness is the direct result of the worker’s misconduct such as consumption of alcohol or narcotic drugs.
Article-88
Subject to the provisions of Article 31 and Article 142 of this Law, an employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves. In this case the worker shall be entitled to severance pay as stipulated in this Law.
Article-89
Where a worker resigns his job, by reason of illness, before the lapse of the first 45 days of his sick leave and the government medical officer or the medical practitioner designated by the employer accepts the cause of resignation, the employer shall pay the worker the wage due in respect of the remainder of the first 45 days referred to.
Article-90
Each worker shall be entitled, once in the course of his entire service, to special leave without pay for at least 20 days to perform pilgrimage. Such leave shall not be deducted from other periods of leave due to the worker and shall not be granted before he completes one year of service.
Article-91
No worker shall work for another employer while on annual or sick leave provided for in this Section. Where his employer establishes that he has done so, he may terminate the worker’s services without notice and deny him the pay in respect of the leave period.
Article-92
Subject to the provisions of this Law, any worker who fails to resume work immediately after the expiry of his leave shall automatically forfeit his wage for the period of his absence, with effect from the day immediately following that on which the leave expires.
Article-93
Without prejudice to the instances in which an employer is entitled to dismiss a worker without notice or without the gratuity provided for in this Law, an employer shall not dismiss a worker or serve a notice of dismissal on him while the worker is on a leave provided for under this Section.
Article-102
It shall be unlawful for an employer, his representative or any person having authority over workers to bring or allow any one else to bring any kind of alcoholic beverages into a workplace for consumption therein or to allow any person in a state of drunkenness to enter or remain on the premises.
Workers Safety, protection, Health And social care
Article-94
Each employer shall provide appropriate safety measures to protect workers against the hazards of occupational injuries and diseases that may occur during the work and also against fire and other hazards that may result from the use of machines and other work tools. He shall also adopt all other safety measures prescribed by the Ministry. Every worker shall use the protective gear and the clothing supplied to him for this purpose, shall comply with all instructions given by the employer to protect him against hazards, and shall refrain from taking any action that might obstruct the enforcement of such instructions.
Article-95
Each employer shall display in a conspicuous position at the workplace detailed instructions indicating the measures to be taken to prevent fire and protect the workers against hazards to which they may be exposed while performing their work. Such instructions shall be in Arabic and, where necessary, in another language understood by the worker.
Article-96
Every employer shall provide one or more first-aid boxes containing medicines, bandages, antiseptics and such other first-aid material as may be prescribed by the Ministry. There shall be one first-aid box for every 100 workers; the box shall be located in a conspicuous place, within easy reach of the workers, and shall be controlled by a person specialized in administering first aid.
Article-97
Without prejudice to the regulations and orders issued by the competent government authorities, an employer shall ensure that each workplace is adequately clean, ventilated and provided with adequate lighting, drinking water and toilets.
Article-98
- Every employer shall provide his workers with medical care facilities up to the standards prescribed by the Minister in conjunction with the Minister of Health.
2. An employer shall arrange for one or more medical practitioners to carry out general medical examination, at regular intervals of not more than six months, on those of his workers who are exposed to any of the occupational diseases specified in the Schedule attached hereto, and shall record the findings of such examinations in his records as well as in the workers’ personal files.
3. The medical practitioners shall immediately inform the employer and the labour department of cases of occupational disease occurring among the workers, and of resulting deaths, after the facts have been confirmed through appropriate medical and laboratory tests. The employer shall in turn report these findings to the labour department.
4. The medical practitioner carrying out the periodic examination may order that any worker who has been exposed to an occupational disease be re-examined after a period shorter than the interval prescribed in the first paragraph of this article, if he believes that the worker’s condition so warrants.
Article-99
- The Minister may, after consulting the Ministry of Health, issue resolutions prescribing the general precautions and health-related safety measures applicable to all firms employing workers, particularly measures relating to safety, lighting, ventilation, dining rooms, supply of water for drinking and washing purposes, elimination of dust and smoke pollutants, and the precautions to be taken against fire and electricity hazards.
2. The Ministry may withhold the approval of an employment permit unless the employer or labour contractor provides the workers he is licensed to employ or intends to supply with suitable living accommodation. The conditions and specifications of such accommodation shall be defined in a resolution by the Minister, after consulting the concerned authorities.
Article-100
Every employer, whose workers are exposed to occupational injuries and diseases, shall appoint one or more health officers. The requirements regulating this provision shall be specified in a resolution by the Minister
Article-101
The employer or his representative shall inform each worker, upon recruitment, of the occupational hazards involved and the protective measures he must take, and shall post detailed written instructions in this respect at the workplaces.
Article-103
Each worker shall comply with the orders and instructions related to industrial security and safety precautions, shall use the appropriate protective devices and treat any such devices in his possession with due care. No worker shall commit any act leading to non-compliance with such instructions, or to the misuse, damage or destruction of the equipment provided for protecting the health and safety of the workers.
An employer may prescribe in the disciplinary regulation penalties to be imposed on workers violating the provisions of the preceding paragraph
Article-104
Each employer employing workers in sites lacking suitable accommodation for workers or in projects or areas remote from towns and not covered by regular means of transport, shall provide his workers with the following services:
1- Suitable means of transport.
2- Suitable living accommodation.
3- Drinking water.
4- Adequate food supplies.
5- First-aid facilities that may be specified in a resolution by the Minister in coordination with the Ministry of Health.
6- Recreation and sports facilities.
The projects, areas and categories of workers to which the provisions of this Article wholly or partially apply shall be specified in a resolution by the Minister. Save for food supplies, the cost of the services referred to in this Article shall be borne by the employer and none of it may be charged to the workers.
Disciplinary rules
Article-105
The disciplinary measures that an employer or his representative may impose on the workers shall be as follows:
1 – Warning.
2- Fine.
3- Suspension from work with reduced pay for a period not to exceed 7days in a single instance and 30 days during the year.
4- Denial or deferment of periodical allowance, in firms applying such a scheme.
5- Denial of promotion, in establishments applying a
promotion scheme.
6- Dismissal without prejudice to severance pay.
7- Dismissal with denial of all or part of the severance pay. This penalty may not be imposed for reasons other than those exclusively specified in Article 121 hereof.
Article-106
The disciplinary regulation issued by the employer shall specify the circumstances in which each of the disciplinary penalties referred to in the preceding Article may be imposed. The regulation shall only come into effect subject to the approval of the concerned labour department.
The Minister may issue a resolution prescribing guidelines for disciplinary measures.
Article-107
The fine prescribed in respect of any single offence shall not exceed five days’ wage, and it shall not be lawful to deduct more than ten days’ wage in any one month in payment of fines imposed on a worker.
Article-108
Periodical allowance may not be denied more than once in any year, nor may it be deferred for more than six months.
Article-109
Denial of promotion may not be imposed for more than one promotional cycle. The worker penalised shall then be promoted at the immediately following promotion cycle if he is found to meet the pertinent requirements.
Article-110
The financial benefit accruing to an employer from deductions, the denial or deferment of promotion or periodic allowance shall be entered in a special register, which shall show also why and under what circumstances they were imposed, the worker’s name and the amount of his wage. Such amounts shall be placed in a special account whose monthly proceeds shall be used to meet the cost of social welfare of the workers, in accordance with a resolution to be made by the Minister in this respect.
Article-111
No disciplinary measure may be taken against a worker for any act committed outside the workplace, unless such an act is related to the work, the employer or the responsible manager. It shall also be unlawful to impose more than one penalty or to combine a disciplinary penalty with a deduction, under Article 61 hereof, of part of the worker’s wage.
Article-112
None of the penalties stipulated in Article 105 may be imposed on a worker until he has been notified in writing of the charges against him, heard and allowed to have his defence investigated, and until all this has been entered in a special minutes to be placed in his personal file, with the penalty mentioned at the end of such minutes.
A worker shall be notified in writing of any penalties imposed on him, and of the nature and amount thereof, the reasons for their imposition, and the penalty to which he will be liable if he is to repeat the offence.
Article-113
No worker may be charged with a disciplinary offence after the lapse of more than 60 days from the date it was detected, nor may a disciplinary penalty be imposed after the date on which the inquiry into the offence ended and the worker was found guilty.
Article-114
A worker may be temporarily suspended from work if he is accused of committing a deliberate offence against life or property, or involving breach of honour or trust or an offence associated with strike.
The period of suspension shall run from the date the incident is reported to the competent authorities until the latter renders a decision on the matter.
The worker shall not be entitled to wage in respect of the period of suspension, unless it is decided that he is not to be prosecuted or is acquitted if charge has been initiated by the employer. In this case, the worker shall be reinstated.
TERMINATION AND SEVERANCE PAY
Article-115
a) An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker’s consent is given in writing.
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law.
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to
4. Where the worker attains the age of sixty. The Minister may issue a resolution determining the professions and cases where permits can be granted and renewed for this category of workers.
5. If the termination is requested by the employer on economic, technical or structural grounds, or in compliance with the requirements of Emiratization, and the Ministry approves such termination without prejudice to the worker’s right in respect of compensation in lieu of notice.
b) If the contract expires or is terminated for any reason. In this case the employer shall be required to pay the worker’s wage and all his other entitlements before the end of the working day that follows the date on which the contract terminates. However, in the case the worker leaves his job without giving notice or, before the end of his definite-term contract, the worker shall receive his wage in addition to all other entitlements within a period not exceeding seven days from the date he leaves job.
Article-116
An employment contract shall not terminate by reason of the employer’s death unless the subject of the contract is connected with his person. A contract shall, however, be terminated by reason of the worker’s death or total disability to work, as established by a medical certificate approved by the competent health authority in the State.
If a worker is capable, notwithstanding partial disability, of performing other work consistent with his state of health, the employer shall assign him, at his request, to that other work, if available, and pay him the wage normally paid to holders of such jobs, without prejudice to any entitlements and compensation due to the worker under this Law.
Article-117
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article 122, he shall be required to pay the worker an amount of compensation equivalent to the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article-118
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article 122, he shall be required to pay the worker an amount of compensation equivalent to the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article-119
Where a contract is revoked by the worker for reasons other than those specified in Article 123, he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed one and half month’s wage or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article-120
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests.
The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article-121
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other”compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker’s wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piece-work.
Article-122
An employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker:
1. assumes a false identity or nationality or submits forged certificates or documents;
2. is engaged on probation and is dismissed during or at the end of the probationary period;
3. commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within one week of his becoming aware of its occurrence;
4. disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place.
- defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. reveals any confidential information of his employer;
7. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
8. assaults the employer, the manager in charge or any of his workmates during working hours;
9. absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days; or
10. starts a work stoppage, or instigates or participates in such acts.
Save for in the case cited in item (2) of this Law, the worker’s employment permit shall be cancelled and he shall be banned from working within the State for at least one year in implementation of Article 16 of this Law.
Article-123
A worker may abandon his work without notice in either of the following cases:
A- If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this Law. The worker shall notify the concerned labour department within one month from the occurrence of such incident, without prejudice to the worker’s entitlements spelt out in the contract or provided for by Law.
B- If he is assaulted by the employer or the employer’s legal representative. The worker shall notify the labour department or concerned parties within three days from the occurrence of such incident, without prejudice to the worker’s entitlements according to the contract or Law.
Article-124
A worker’s service shall be deemed to be arbitrarily terminated by his employer if the reason for termination is irrelevant to the work. More particularly, a termination shall be regarded as arbitrary if it is prompted by a formal complaint filed by the worker with the competent authorities or a legal action instituted against the employer that proved to be valid. In such cases, the labour department may reinstate the worker.
An employer may not terminate the service of a worker for lack of medical fitness before the worker exhausts all the periods of leave legally due to him. Any agreement to the contrary shall be null and void, even if concluded before this Law comes into effect.
Article-125
<!--[if !supportLists]-->1- <!--[endif]-->Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker’s wage for three months, calculated on the basis of his last wage. If it is established that the employer failed to reinstate the worker as per the instructions of the labour department, the court may waive the requirement of maximum limit of compensation, provided that such compensation shall not exceed the worker’s wage for six months, calculated on the basis of his last wage
<!--[if !supportLists]-->2- <!--[endif]--> The provisions of the preceding paragraph shall not prejudice the worker’s right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article-126
An employer may not terminate the service of a worker for lack of medical fitness before the worker exhausts all the periods of leave legally due to him. Any agreement to the contrary shall be null and void.
Article-127
The Employer shall provide the worker, at the latter’s request upon expiry of his contract, with an end of service certificate, which shall be free of charge and shall specify the service commencement and end dates, total period of service, the nature of the work he was performing, and his last wage and supplements, if any.
The Employer shall return any certificates, documents, and tools belonging to the worker.
Article-128
Where a change occurs in the form or ownership of the firm, employment contracts that are valid at the time of such change shall remain in force between the new employer and the firm workers, and their service shall be deemed to be continuous. The original and the new employers shall remain solely or jointly liable for the discharge of any obligations resulting from employment contracts before and during the commencement of change, up to the date the firm card data are finalized in the Ministry’s register.
Article-129
Where the work assigned to a worker allows him to become acquainted with the employer’s clients or to have access to his business secrets, the employer may require him to undertake not to compete with him or participate in any enterprise competing with his own, after the termination of his contract. For such an undertaking to be valid, the worker must be at least 21 Gregorian years of age at the time the agreement is concluded, and the agreement must be confined, in terms of time, place and the nature of the business, to the extent necessary to safeguard the employer’s legitimate interests, as may be defined in a resolution issued by the Minister.
Article-130
A non-National worker who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer’s consent, take up other employment until the lapse of one year from the date on which he abandons his work or his employment permit is cancelled. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period. The provision of this Article shall not apply to resignation if accepted by the employer prior to expiry date of a definite term contract. In all cases, the competent authority shall be notified for necessary action in accordance with the provisions of Article 16 thereof.
Article-131
A non-National who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer’s consent, take up other employment until the lapse of one year from the date of abandonment or cancellation of employment permit work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period. The competent authority shall be notified to take necessary action in accordance with the provisions of Article 16 thereof.
Article-132
A worker shall be recommended for immediate repatriation to his point of hire and banned from working in the country for at least one year from the date on which he abandons his job or his employment permit is cancelled in the following cases:
1. if he is in breach of the provisions of Articles 122, 130 or 131 of this Law;
2. if he is finally convicted by a competent court of a crime involving breach of honour, honesty or public morals;
3. for the violation provided for in Article 91 of this Law;
4. if he is convicted of any of the crimes provided for in Article 114 of this Law;
5. if he remains unemployed;
or
6. if he commits any of the violations provided for in Article 177 of this Law.
Article-133
The provisions of this Law imposing ban on violating workers shall not apply to a non-National worker who, before taking up other employment, obtains the approval of the Minister based on the consent of the original employer or without referring to him for considerations deemed reasonable to the Minister.
Article-134
Upon the termination of employment contract concluded with a worker, the employer shall:
1. take necessary action to cancel the worker’s labour card, and pay the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon, or otherwise recommended by the Ministry, without prejudice to the provisions of Article 135 in this respect.
2. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker’s repatriation at the end of his service according to the provisions of item (1) above, even if his latter employment procedures were based on a valid employment permit inside the country.
3. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
4. In the case of the worker’s death, the employer shall bear the cost involved in the transit of his body to the country of origin.
Where the employer fails to fulfill the obligations provided for in this Article, the concerned authority shall do so at the employer’s expense. The Ministry may deduct the transit costs from the bank guarantee money or collect the same by way of a court ruling. The defaulting employer may forfeit his right to importing new labour.
Article-135
<!--[if !supportLists]-->1- <!--[endif]-->For the purpose of the preceding Article, the worker’s “repatriation expenses” refers to:
a- the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm’s policies.
b- severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the Law.
c- the expenses specified in Article 134 of this Law and item (1) of this Article.
2- A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
The worker shall not overstay in the accommodation beyond the specified period for any reason, provided that the employer pays the worker the above repatriation expenses.
3- If the worker contests the amount of the expenses
and entitlements referred to above, the labour department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
4- In this case, the thirty-day grace period referred to shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the labour departments concerned, with the Ministry’s treasury. If the worker does not vacate the accommodation within the said thirty-day period, the labour department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.5- The provisions of this Article shall not prejudice the worker’s right to contest its application before the competent court.
Article-136
- An employer shall submit to the competent labour department a bank guarantee whose type, value, submission procedures, firms and companies to whom it is applicable, and other relevant terms shall be specified in a Council of Ministers’ resolution. This guarantee shall be used to ensure optimum fulfillment of employer’s obligations provided for under this Law.
2. Deduction of any amount from the bank guarantee referred to in item (1) Hereof shall be based on a written order by the Minister or an authorized representative, directed to the authority issuing the guarantee document.
Article-137
Without prejudice to the provisions of the Federal Law No. 7, for 1999:
1. A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
a) 15 days’ wage for each of the first five years of service.
b) 30 days’ wage for each additional year of service, provided always that the aggregate amount of severance pay shall not exceed two year’s wage.
2. A worker’s severance pay shall be calculated on the basis of the last basic wage, in addition to any fraction of a year he actually served, provided that he has completed one year of continuous service.
3. The provisions of item (1) of this Article shall not apply to persons engaged in partnerships or self- employment.
4. The provisions of item (1-a) of this Article shall in no way prejudice a worker’s right to his severance pay for the period preceding the application of this Law.
Article-138
1. A worker under a definite term contract, who abandons his work at his own initiative before the expiry of the contract, shall not be entitled to the severance pay, unless he has completed more than five years of continuous service.
2. A worker under an indefinite term contract who abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, shall be entitled to one-third of the severance pay. If such worker’s continuous service exceeds three years but not more than five years, he shall be entitled to two thirds of the said severance pay. However, if his continuous service exceeds five years, the worker shall be entitled to full severance pay.
3. A severance pay shall not be subject to any deduction or attachment except in execution to a court ruling. Such deduction or attachment shall not exceed half the worker’s total severance pay, and in the event of pro rata payments, priority shall be given to any legal alimony.
Article-139
A worker under a definite term contract, who abandons his work at his own initiative before the expiry of the contract, shall not be entitled to the severance pay, unless he has completed more than five years of continuous service.
Article-140
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
(a) If he is dismissed from service for any of the reasons
specified in Article 122 hereof or if he abandons his
employment in order to avoid being dismissed in accordance with that Article.
(b) If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 123 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
Article-141
Where a firm has a provident fund for the workers and the rules of the fund stipulate that whatever the employer pays into the fund for the worker’s account is in discharge of his legal obligation in respect of gratuity or severance pay, the worker shall be paid the savings balance in his account or the severance pay due under the Law, whichever is the greater.
Article-142
A worker in a firm adopting a pension, provident or any other scheme may either opt for the pension or provident pay he is entitled to, whichever is the greater.
Compensation for occupational injuries
Article-143
Where a worker sustains any of the work-related injuries and occupational diseases listed in Schedules 1 and 2 attached to this Law, the employer or his representative shall report the matter immediately to the police and to the labour department or its local office within whose jurisdiction the place of business is located.
The report shall include the worker’s name, age, occupation, address, and nationality, and a brief account of the accident, its circumstances and the medical aid or treatment provided.
On receipt of the report, the police shall carry out the necessary investigation and compile a report containing statements of the witnesses, of the employer or his representative, and of the injured (if his condition so permits), and shall particularly indicate whether the accident was work-related, deliberate, or the result of gross misconduct of the worker.
The report shall include the worker’s name, age, occupation, address, and nationality, and a brief account of the accident, its circumstances and the medical aid or treatment provided.
On receipt of the report, the police shall carry out the necessary investigation and compile a report containing statements of the witnesses, of the employer or his representative, and of the injured (if his condition so permits), and shall particularly indicate whether the accident was work-related, deliberate, or the result of gross misconduct of the worker.
Article-144
On completion of the investigation, the police shall send one copy of the report to the labour department and one to the employer. The labour department may request a supplementary inquiry or may itself conduct one, if it finds it necessary to do so
Article-145
Where a worker sustains a work-related injury or contracts an occupational disease, the employer shall pay for the cost of his treatment in a government or private local medical center until he recovers or is proven disabled. Treatment shall include costs of residence in a hospital or sanatorium, surgical operations, x-ray and medical diagnosis, the purchase of medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition to the foregoing, the employer shall pay the cost of any transport required in connection with the worker’s treatment.
Article-146
Where an injury prevents a worker from carrying out his work, the employer shall pay him a cash allowance equal to his full pay throughout the period of treatment or for a period of six months, whichever is shorter. Where the treatment lasts for more than six months, the allowance shall be reduced by one-half for a further period of six months or until the worker fully recovers, is declared disabled, or dies, whichever occurs first.
Article-147
The cash allowance referred to in the preceding Article shall be calculated on the basis of the last wage received the housing allowance (for monthly, weekly, daily or hourly paid workers), and on the basis of the average daily wage referred to in Article 57(for those paid on piece-work basis).
Article-148
Where a dispute arises as to the extent of a worker’s physical fitness for work, degree of disability or any other matter related to his injury or treatment, the matter shall be referred to the concerned medical authority through the competent labour department. The medical authority shall, whenever such a dispute is referred to it, set up a medical board consisting of three government medical officers to determine the extent of the worker’s medical fitness for employment, the degree of his disability or any other matter related to the injury or treatment.
Article-149
Having due regard to the Federal Law No. 7of 1999, where a worker dies as a result of a work-related injury or an occupational disease, the members of his family shall be entitled to compensation equal to his basic wage for twenty four month, provided that the amount of compensation shall not be less than twenty five thousand Dirhams. The amount of compensation shall be calculated on the basis of the last wage received by the worker before his death. The compensation shall be distributed among the deceased worker’s dependents in accordance with the provisions of Schedule 3 attached to this Law.
For the purposes of this Article the expression “deceased worker’s family” refers to the following persons who were wholly or substantially dependent for their subsistence on the deceased worker’s income at the time of his death:
1. Widow(s);
2. Children, namely-
b - Sons who are under the age of 18 years, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or who are unable to earn their own living. The term “sons” includes the sons in law of the husband and of the wife who were dependent on the deceased worker at the time of his death;
b- Unmarried daughters, which term includes also unmarried daughters in law of the husband and of the wife who were dependent on the deceased worker at the time of his death;
3. Parents;
4. Brothers and sisters subject to the conditions prescribed for sons and daughters.
Article-150
Where a work-related injury or an occupational disease permanently renders a worker partially disabled, he shall be entitled to compensation at the applicable rate specified in the two schedules attached to this Law, multiplied by the applicable death compensation amount provided for in the first paragraph of the preceding Article.
Article-151
The amount of compensation payable to a worker in the event of his permanent total disability shall be the same amount as that payable in the event of his death.
Article-152
The Minister, when necessary, and with the consent of the Minister of Health, may issue an explanatory annex schedule for occupational diseases, amend schedules I and 2 attached hereto, concerning occupational diseases, and disability compensation assessment.
Article-153
Where a worker who is entitled to compensation for death or permanent partial disability according to the Provisions of Articles 145 and 146 Chapter is subject to Federal Law No.7of 1999, the contribution paid by the employer on his behalf in compliance with Pensions and Social Security Law shall represent a substitute to the employer’s contribution in connection with the provisions of the afore-mentioned two Articles. Accordingly, the General Authority for Pensions and Social Security shall pay compensations in respect of death or permanent disability pursuant to Federal Law No. 7of 1999, without prejudice to the worker’s right to claim the employer to pay him either the amount provided for in the Pensions and Social Security Law, or the provisions of this Chapter, whichever is the greater.
Article-154
An injured worker shall not be entitled to any compensation for an injury or disability that did not result in his death if the inquiries carried out by the competent authorities established that he willfully brought about his own injury with the intention of committing suicide or of obtaining compensation or sick leave, or for any other reason; or if, at the time of the occurrence, he was under the influence of a narcotic drug or alcohol; or if he intentionally violated the safety instructions posted at prominent positions in the work place; or if his injury or disability was the result of gross and deliberate misconduct on his part; or if he refused for no good reason to submit to medical examination or to undergo the treatment ordered by a medical board set up pursuant to Article 143.
COLLECTIVE LABOUR DISPUTS
Article 155
A “collective labour dispute” refers to any dispute between an employer and his workers, which is connected in issue with the common interest of all or a group of the workers in a certain firm, occupation, trade or professional sector.
Article 156
- The employer shall be required to support the labour relations stability, refrain from any act that may cause labour disputes and encourage direct communication and consultation between the management and workers. Both employers and workers shall also be required to initiate friendly negotiations to settle differences or to prevent the development of such differences into serious labour disputes.
2. Where a dispute occurs between one or more employers and all or a certain group of their workers, the following procedures shall be adhered to:
a- The workers shall submit their complaint or claim in writing to the employer, with a copy thereof to the labour department;
b- The employer shall reply in writing to the workers’ complaint or claim within three working days from the date of it is received. He shall at the same time send a copy of his reply to the labour department.
c- If the employer fails to reply within the prescribed time limit, or if reply does not lead to a settlement of the dispute referred to in item (b) above, the competent labour department shall, either at its own initiative or at the request of one of the parties to the dispute, mediate an amicable settlement.
Article 157
If the mediation of the competent labour department does not lead to a settlement of the dispute within seven days from the date of its taking cognizance of the issue in dispute, it shall refer the dispute to the competent group labour disputes committee for determination and shall accordingly inform both parties in writing
Article 158
A board, to be called the Group Labour Disputes Conciliation Committee, shall be formed within each labour department by an order made by the Minister. The committee shall be composed as follows:
1. A judge of the court within whose jurisdiction the concerned department lies, to be appointed by order of the Minister of Justice on the nomination of the plenum of the court - as chairman;
2. Two members of high expertise in the field of labour, to be selected as representatives of employers and workers and appointed by an order made by the Minister.
3. A representative of the Ministry, to be nominated by the Minister – as member.
4. A person who has a high degree of experience in the field of labour, knowledge and impartiality, to be appointed by an order made by the Minister – as member
Article 159
Each party to a dispute shall pursue the dispute before the committee until a settlement is reached; the committee shall issue its decision within two weeks from the date the dispute was referred to it.
Either party may challenge the decision of the committee before the competent
Appeal Courtwithin 30 days of the date on which the decision was given; otherwise, the decision shall become final and enforceable
Article 160
Neither the repudiation of employment contracts nor the dismissal of workers’ representatives to the committee shall preclude such representatives from continuing to discharge their functions on the committee, unless the workers elect other representatives in their place
Article 161
The Group Labour Disputes Conciliation Committee shall be competent to finally and conclusively settle all collective labour disputes referred to it by the parties concerned. Its decisions shall be taken by majority vote and the grounds on which such decisions are based shall be stated
Article 162
It shall be strictly prohibited to engage in a work stoppage, whether wholly or partially, or firm shutdown by reason of or during group labour disputes, particularly in the following instances:
1. Before or during the process of the amicable settlement.
2. Before or during the mediation.
3. Before or during the case is referred to the Group Labour Disputes Board.
4. Before the exhaustion of all means to restore rights according to the laws in force
Article 163
- The Council of Ministers shall, based on a proposal by the Minister after consultation with the Minister of Justice, issue order regulating litigation proceedings, remunerations of the chairman and members of group labour disputes committees and any other rules necessary for ensuring efficient progress of work within such committees.
- For the purposes of carrying out their functions, these committees shall have the right to summon any person to give his testimony or evidence, or examine papers, documents, records and other evidence and to order the custodians thereof to submit the same to them, to enter premises for conducting the necessary investigation, and to take any measures they deem appropriate for the settlement of the dispute
Article 164
None of the parties to a dispute on which a final decision has been rendered by any of the committees provided for in this Section shall raise it again
Article 165
The committees provided for in this Chapter shall apply the provisions of this Law, the laws currently in force, the provisions of Islamic Sharia law, and any rules of customary law and principles of equity, natural law and comparative law consistent therewith
Article 166
The decisions of the Group Labour Disputes Conciliation Committees shall be issued for implementation in accordance with the formula provided for in the Federal Law No. 11, for 1992, and shall become final and enforceable forthwith
LABOUR INSPECTION
Article 167
Labour inspection shall be conducted by professional inspectors carrying special identity cards to be issued to them by the Ministry
Article 168
Each labour inspector shall:
1. ensure proper compliance with the provisions of this Law, particularly those related to employment terms, wage, protection of workers during the performance of their work, and matters related to the health and safety of workers and the employment of children and women
2. monitor the implementation of this Law and its executive decisions, particularly those pertinent to private sector Emiratization.
3. extend to employers and workers such technical information and advice that would enable them to apply the provisions of the law in the best possible manner;
4. Alert the competent authorities to any shortcomings not adequately addressed by the existing provisions and make appropriate recommendations in this respect;
and
5. Record violations of this Law or its executive regulations and orders.
Article 169
Before assuming their duties, labour inspectors shall take oath before the Minister that they will respect the law, perform their duties honestly and faithfully and, even after leaving the service, not disclose any industrial secret, patent right or other secrets that come to their knowledge in the course of their duties.
They shall treat any complaints that they receive as absolutely confidential and shall give no intimation to the employer or his representatives of the source of such complaints
Article 170
Employers and their representatives shall provide inspectors authorized to carry out labour inspection with the facilities and information necessary for the performance of their duties and shall respond to any summons by appearing personally or sending representatives, if requested to do so
Article 171
A labour inspector shall have the following powers:
1. to enter any firm subject to the provisions of this Law without previous notice at any hour of the day or night, but within the working hours;
2. to carry out any examination or inquiry necessary to verify due compliance with the Law. Particularly, he may:
(a) interrogate the employer or the workers, either privately or in the presence of witnesses, about any matters related to compliance with the provisions of the law;
(b) examine, and obtain copies and extracts of all documents required to be kept in accordance with this Law and its executive orders;
(c) take sample(s) of materials used in connection with industrial or other operations that are subject to inspection, where such materials are suspected to have a harmful effect on the health or safety of the workers, for the purpose of having them analyzed in authorized laboratories and ascertaining the degree of danger. He shall then notify the employer or his representatives of the result, and take appropriate measures in this connection;
(d) ensure that notices and announcements are posted at the workplace as required by this Law
Article 172
The Minister shall make such executive orders necessary for regulating inspection services provided for in the preceding Article
Article 173
Without prejudice to the provisions of article 171, any person carrying out an inspection shall notify the employer or the employer’s representative of his arrival, unless he considers that the inspection mission requires otherwise
Article 174
- To ensure compliance with the provisions regarding health and safety of workers, a labour inspector may require employers or their representatives to make alterations to the installations or plant used in their facilities, within such time limits as he may define. In addition, he may, in the event of an imminent threat to the health or safety of the workers, require the adoption of such measures as he deems necessary to avert such threat forthwith¸ including closing the firm.
- The Minister may decide to suspend the operation of any firm, sector or industry for a period he deems fit to prevent a potential threat to worker’s health or safety
Article 175
- Where, in the course of inspection, an inspector discovers any violation of this Law or its executive regulations or orders, he shall draw up a report documenting the violation and submit it to the competent labour department to enable it to take the necessary action against the offender.
- The Minister shall prescribe special forms to be used for reporting violations to this Law, specifying those violations that are subject to conciliation or settlement against the payment of compensation, along with the conditions of settlement or conciliation in each case
Article 176
A labour inspector may, when necessary, request the competent administrative authorities and the police to provide any necessary assistance.
Where an inspection is made in connection with health aspects of work, the inspector shall, subject to the consent of the head of the competent labour department, be accompanied by a specialised medical practitioner from the Ministry of Health or a medical practitioner appointed for the purpose
Article 177
The chief labour inspector in the area shall prepare a monthly report on labour inspection activities, inspection aspects, facilities inspected, and number and types of violations committed. He shall also prepare an annual report on inspection in the locality, containing the results and effects of inspection and his comments and proposals. Copies of the monthly and annual reports shall be sent to the concerned labour inspection department
Article 178
The Ministry shall draw up an annual report on inspection activities in the State, containing all matters related to the Ministry’s supervision of the implementation of the labour law and, in particular, the following matters:
1- the provisions governing inspection;
2- the officials in charge of inspection;
3- statistics of the firms that were subject to inspection, the number of workers employed therein, the number of inspection visits and tours made by the inspectors, the violations committed and penalties imposed, and the work-related injuries and occupational diseases
Article 179
The Ministry shall design special forms for violation reports, inspection records, reminders and warnings. It shall define the necessary rules for the maintenance and use of such forms, and shall circulate them to the labour departments in various localities
Article 180
Subject to Nationals’ priority right to employment and in addition to the general requirements in connection with the appointment of employees, labour inspectors shall:
1- be fairly impartial;
2- have no direct interest in the firms they inspect;
3- pass a special test of professional ethics after completing a period of training of at least three months
Article 181
The Ministry shall organize special courses for training labour inspectors particularly in the following basics and principles:
1- organizing inspection visits and making contacts with employers and workers;
2- auditing of records and books;
3- showing employers how to interpret legal texts and the advantages of applying such texts and assisting them in doing so ;
4- industrial technology and means of protection against work-related injuries and occupational diseases;
5- production efficiency and its connection with the provision of favorable conditions for performance of work;
6- attending training courses on occupational health in coordination with competent medical authority
PENALTIES
Article 182
Without prejudice to any severer penalty provided for in any other law, a penalty of imprisonment for a period not exceeding six months and/or a fine not less than twenty five thousand Dirhams shall be imposed on:
1. anyone who employs a non-National without obtaining an employment permit;
2. anyone who knowingly provides false information or documents for the purpose of bringing a non-National from to the State for work;
3. anyone who works with an employer other than the one that has been licensed to employ him, or who employs a non-National permitted to work with another employer, in violation to this Law and its executive regulations;
4. anyone who shuts down or suspends the operation of a firm, or alters its licence, form or ownership without the settlement of sponsored workers’ situations;
5. any employer who fails to employ a worker whom he is licensed to employ, or allows him to work for a third party;
6. any employer who fails to take necessary measures provided in this Law and its executive regulations in respect of notifying the competent labour department of any worker who leaves his service without notice or refuses to work
Article 183
Without prejudice to the provisions of Article 177 of this Law and any severer penalty provided for in any other law, a penalty of imprisonment for a period not exceeding six months and/or a fine not less than six thousand Dirhams but not exceeding twelve thousand Dirhams shall be imposed on:
1. anyone who violates any of the provisions of this Law or of its executive regulations or orders;
2. anyone who obstructs, prevents or attempts to prevent, any official entrusted with the implementation of the provisions of this Law or its executive regulations or orders, from performing his duties, whether through actual or threatened use of force or violence;
3. any official entrusted with implementation of the provisions of this Law, who divulges, even after termination of his services, any work secret, patent right, or other work method that came to his knowledge in his capacity as an official;
4. anyone who disobeys the written instructions issued by the competent labour department in implementation of the provisions stipulated in Chapters V and X of this Law and executive regulations and decisions thereof
Article 184
Where a non-National commits one of the offences provided for in Articles 177 and 178 of this Law, the court may order his repatriation instead of imposing an imprisonment sentence or fine
Article 185
A fine applicable to an employer for an offence shall be multiplied by the number of workers against whom the offence was committed
Article 186
Where an offence is committed before the lapse of one year from the date on which judgment of the Court was pronounced in respect of a similar offence committed by the same offender, the penalty may be doubled
Article 187
Without prejudice to Articles 34, 41 and 126, penal proceedings shall be initiated against the manager in charge of the firm; it may also be initiated against the firm owner if there is reason to believe that he was aware of the facts constituting the offence
Article 188
If the employer fails to fulfill his obligations under this Law, the labour department concerned may issue an order specifying the violation committed and instructing the employer to remedy it within a specific period starting from the date of employer’s notification. If the violation is not remedied within the specified period, the said department shall carry out the required remedial work at the employer’s expense and recover such expenses by way of attachment
Article 189
Without prejudice to Articles 177 and 178, the Council of Ministers may issue a resolution prescribing administrative fines in respect of failure to abide by any of the provisions of this Law and its executive regulations and decisions
Article 190
The Minister may make an order requiring any party subject to this Law to ensure its liability in respect of employees’ wages, severance pay, compensation for occupational injuries, health care or any other obligations under this Law and as may be specified by the said order
CONCLUDING POVISIONS
Article 191
The Minister shall issue resolutions naming labour departments and offices entrusted with the application of this Law and specifying their local jurisdiction
Article 192
The heads of labour departments and inspectors of the Ministry shall have the status of judicial officers for the purposes of the application of this Law and its executive regulations and orders
Article 193
Any provision inconsistent with the provisions of this Law is hereby repealed
Article 194
The Council of Ministers may, on recommendation of the Minister, specify rates for fees and fines imposed by the Ministry, as well as exemptions thereof
Article 195
The Council of Ministers may, on recommendation of the Minister, enact rules that are more favorable to National workers
