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Labor Law Application various workers categories Abu Dhabi Dubai UAE Lawyers labor law annual leave labour law end of service notice period labour law overtime and definition Lawyer Abu Dhabi lawyer Dhabi attorney UAE lawyers WhatsApp: +971555570005
Labor Law Application to various workers categories
In accordance with U.A.E Federal Law No. 8 of 1980
Article No. 1 of the U.A.E Labor identified the worker as follows; “Any male or female person who receives remuneration of any kind for work performed thereby in the services of an employer and under his management or control, even if the employee is off employer’s sight. This meaning shall also apply to officials and employees who are in the service of the employer and are subject to the provisions hereof”
The general principle in the regulation of UAE labor law is that its provisions include everyone who hold a worker status, unless there is a specific provision excludes a particular category from applying the said law.
First: Male and Female Workers;
There is no discrimination in terms of the gender with regard to the worker status, and the application of the provisions of the Labor Law to the two genders, and there is no distinction in the rights and obligations only in a special text, and therefore article 32 of the UAE Labor Law states the follows; “A working woman shall be entitled to the same wage as that of a working man, if she does the same work” as women enjoy the same rights as men in the leaves, end of service gratuity. However there is an exception, that women cannot work a certain professions or at night except in special occasions.
Second: The Citizen and The Foreigner Worker:
The UAE Labor Law applies to a worker who is a citizen or a foreigner and they have equal rights and the protection that is provided by the law to the workers, such as wages and leave, compensation for work injuries, etc. This does not prevent the legislator from specializing citizens or foreigners with texts that do not apply to the other, such as the text which determines the priority of the citizen in employment, or which sets conditions for the employment of foreigners or their transfer from one job to another in order to regulate foreign employment., this does not prevent the State from providing greater guarantee to citizen workers by virtue of special laws other than the Labor law, such as the Pensions and the Social Insurance, which applies only to the citizens and provides them with important guarantees against social risks.
Third: The Workers regardless of the type of their work or the duration of work:
Where the first Article of the Labor Law included the definition of the work as follows; “Any human effort, be it intellectual, technical or physical, extended against a remuneration whether the said work is permanent or temporary” . However, this did not prevent the legislator from excluding some work, such as domestic servants or agricultural work. The Labor Law also applies to the worker, whether he performs his work permanently or temporarily, whether it is a fixed-term or indefinite employment contract.
In light of the aforementioned, the labor law shall apply to every person who works for another person in return for a wage and is subject to the performance of his authority, supervision and direction, provided that there may be a category of workers who perform work for others and are not subject to the labor Law. We will discuss these types of works in other Article.