UAE LABOUR LAW FEDERAL LAW NO. 8
Issued on 20/4/1980
Corresponding to 6 Jumâdâ al – Akhir 1400 H .
CONCERNING THE REGULATION OF LABOUR RELATIONS
Federal Law no. 24/1981 dated 07/11/1981, and
Federal Law no. 15/1985 dated 15/12/1985, and
Federal Law no. 12/1986 dated 29/10/1986, and
Federal Law no. 14/1999 dated 17/10/1999, and
Federal Decree – Law no. 08/2007 dated 13/11/2007.
We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates State,
Pursuant to the perusal of the provisional Constitution; and
Federal Law no . 1 of 1972 concerning the Jurisdiction of Ministries and the Powers of Ministers and the amending laws thereof; and
Acting upon the proposal of the Minister of Labour and Social Affairs, the approval of the Council of Ministers, and the Federal National Council and the ratification of the Federal Supreme Council,
Have promulgated the following Law :
DEFINITIONS AND GENERAL PROVISIONS
SECTION ONE – DEFINITIONS
ARTICLE 1 –
In the implementation of the provisions hereof , the following terms and phrases shall have the meanings assigned for each of them unless the context requires otherwise:
Employer: Every natural or juridical person employing one or more workers in return for a wage of any kind whatsoever.
Worker : Every male or female working in return for a wage of any kind whatsoever for the employer and under the management and supervision thereof, even if out of sight. The term shall also include the employees working for the employer and subject to the provisions thereof.
Establishment: Every economic, technical, industrial or commercial unit where workers are employed, aiming at producing or marketing goods or providing services of any kind.
Employment Contract: Every agreement with determined or undetermined term concluded between the employer and the worker, whereby the latter commits to working for the employer and under the management and supervision thereof in return for a wage whose payment is committed by the employer.
Work: Any exerted human effort – whether intellectual, technical or physical – in return for a wage, whether it is permanent or temporary.
Temporary Work: Work whose nature of execution or completion requires a determined term.
Agricultural Work: Work in the plowing and cultivation of the land, the harvest of the crops thereof of any kind whatsoever, the breeding of cattle, livestock, silkworms, bees and otherwise.
Continuous Service: Uninterrupted service for the same employer or the legal successor thereof as of the date of the commencement of the service.
Wage: As amended by Federal Law No. (12) of 1986: Whatever is given to the worker in return for his service by virtue of an employment contract, whether in cash or in rem, on a yearly, monthly, weekly, daily, hourly, piece basis or in accordance with the production or on a commission basis.
The wage shall include the cost – of – living allowance and every grant conferred upon the worker in recognition of his honesty or efficiency should such sums be set in the employment contracts or the by – laws of the establishment or be customarily granted so as the workers deem such grants as part of the wage and not a donation.
Basic Salary: As amended by Federal Law No. (12) of 1986: The wage stipulated in the employment contract during the term thereof between the parties, exclusive of any allowances whatsoever.
Occupational Injury: The sustainment by the worker of an occupational disease set forth in the schedule enclosed herewith , or any other injury arising from the work thereof and occurring thereto during and by reason of his practice of his job. Shall be deemed an occupational injury every accident occurring to the worker on his way from or to his work, provided that such trajectory is made without any stopping, lingering or diversion from the ordinary route.
Department of Labour: Branches in the Ministry of Labour in charge with the Labour Affairs in the Emirates, members of the Federation.
SECTION TWO – GENERAL PROVISIONS
Article 2 –
Arabic shall be the language used with regards to all records, contracts, files, data and others provided for herein or in any decision of regulation issued in implementation of the provisions thereof. Furthermore, Arabic shall be the language used in the instructions and circulars issued by the employer to his employees. Should the employer use a foreign language in addition to the Arabic language, the Arabic text shall prevail .
Article 3 – As amended by Federal Law No. (24) of 1981, and Federal Law No. (12) of 1986
The provisions hereof shall not apply to the following categories:
a – Employees and workers of the Federal Government and the governmental departments in the Emirates, members of the State, the employees and workers in public entities and institutions, whether Federal or local, and employees and workers appointed for governmental, Federal and local projects.
b – Members of armed forces, police and security .
c – Domestic servants in private households and similar occupations .
d – Workers in farms or pastures with the exception of persons working in agricultural institutions processing the products thereof or the persons permanently operating or repairing mechanical machines required for agriculture.
Article 4 –
All sums due by virtue of the provisions hereof to the worker or the beneficiaries thereof have a priority over all the moveable and immoveable property of the employer, and shall be paid directly after the judicial expenditures, sums due to the public treasury and legal alimony awarded to the wife and children.
Article 5 –
Lawsuits filed by workers or the beneficiaries thereof shall be exempt from all the judicial fees in all the phases of litigation and execution as per the provisions hereof. Such lawsuits shall be heard in an expedite manner.
Article 6 – As amended by Federal Law No. (12) of 1986
Without prejudice to the provisions related to the collective labour disputes provided for herein, should the employer, the worker or any beneficiary thereof litigates in any rights due to any thereof in pursuance of the provisions hereof, he shall submit an application therefore to the competent Department of Labour. Such Department shall summon both parties of the dispute and take the necessary measures for the amiable settlement of the dispute. Should the amiable settlement of the dispute not take place, the said Department shall, within two weeks from the submission of the application thereto, refer the dispute to the competent court. Such reference shall be accompanied by a memorandum comprising a summary of the dispute, the allegations of the parties and the department’s observations. The court must, during three days as from the date it receives the demand, fix a meeting to hear the suit where the two parties to the dispute are declared. The court may request the presence of a representative for the Department of Labour to ask him for explanations with regards to the content of the memorandum submitted thereby.
In all cases , the claim for any right due in pursuance of the provisions hereof shall not be heard after the lapse of one year from the due date thereof. Furthermore, no claim shall be accepted unless it follows the procedures set forth in the present Article.
Article 7 –
Every provision contradicting the provisions hereof, even if precedent to the effective date thereof shall be deemed void, unless it is more advantageous to the worker.
Article 8 –
The calculation of the periods and dates referred to herein shall be made according to the Gregorian calendar. In the implementation hereof, a calendar year shall be deemed as 365 days, and the month as 30 days, unless the employment contract stipulates otherwise .
EMPLOYMENT OF WORKERS AND YOUTH AND WOMEN LABOUR
SECTION ONE – EMPLOYMENT OF WORKERS
Article 9 –
Work is deemed a right of the United Arab Emirates Nationals. Others may only work in the State in accordance with the conditions set forth herein and the decisions issued in application thereof.
Article 10 –
Should national workers not be available, the priority of employment shall be given to:
1 – Arab workers holding the nationality of an Arab State.
2 – Workers holding other nationalities.
Article 11 –
A National Employment Section shall be established in the Department of Labour and shall have jurisdiction to:
a – Find adequate job opportunities for nationals.
b – Assist employers in fulfilling their need of national workers whenever needed.
c – Register unemployed nationals or those searching for better job in a special register. Such registry shall be made upon their request, and the applicant shall receive gratis a certificate of such registration on the date of the submission of the application.
The registration certificate shall have a serial number and shall contain the name, age, place of residence, profession, qualifications and past experiences of the applicant.
Article 12 –
Employers may employ any unemployed national, and must in such event notify the Department of Labour thereof in writing, and such within fifteen days from the date of employment thereof. Such notification shall comprise the name and age of the worker, the date of employment thereof, the wage and type of work assigned thereto and the number of the registration certificate.
Article 13 –
It shall not be permissible to employ non – nationals in the United Arab Emirates without the prior consent of the Department of Labour and the obtainment of a work permit in pursuance of the procedures and rules stipulated by the Ministry of Labour and Social Affairs.
Such permit shall not be granted unless the following conditions are met:
a – The worker must possess professional competence or academic qualifications needed in the country.
b – That the worker has lawfully entered the country and that he satisfied the conditions prescribed in the residence regulations in force in the state.
Article 14 –
The Department of Labour may not consent to the employment of non – nationals unless it examines the records thereof and ensures that there are no unemployed nationals registered in the employment section, capable of performing the required job.
Article 15 –
The Ministry of Labour and Social Affairs may cancel the work card issued to non – nationals in the following cases:
a – Should the worker remain unemployed for a period exceeding three consecutive months.
b – Should the worker no longer fulfill one or more conditions on whose basis the card is granted.
c – Should it show that a national worker is qualified to replace such worker. In such event, the worker shall remain in his position until the end of the contract term or the work card granted thereto, whichever is earlier.
Article 16 –
A special section for the employment of non – nationals shall be established in the Ministry of Labour and Social Affairs for the regulation of the work therein by a ministerial decision.
Article 17 –
No natural or juridical person may work as a medium for the recruitment or supply of non – national workers without a license therefore. Such license may only be issued for nationals and in cases where the issuance thereof is deemed necessary. It shall be issued by a decision from the Minister of Labour. Such license shall be for a period of one renewable year. The licensee shall be subject to the supervision and control of the Ministry. Said licenses may not be granted should there be an employment office affiliated to the Ministry or to the entity approved thereby operating in the region and capable of acting as a mediator in the supply of labour.
Article 18 –
Licensed labour mediator or supplier may not request or accept from any worker, whether prior or subsequent to his admission to employment, any commission or material reward in return for the acquisition of the work by the worker, or to charge the worker for any expenses unless as it is provided for or approved by the Ministry of Labour and Social Affairs.
Workers supplied by the employment mediator or supplier shall be deemed, upon their admission to work, workers for the employer. They shall be entitled to all the rights granted to the workers of the establishment where they work, and shall relate directly to their employer without any interference from the employment mediator whose task and relation with such workers shall end upon their supply to the employer and employment thereby.
Article 19 –
Rules, procedures and forms adopted by the public and private employment offices, the manner of coordination among the activities of such offices and the condition by virtue thereof the license for the establishment of employment offices or for the work as employment mediator or supply is granted, as well as the professional classification schedules adopted as basis of employment operations shall be determined by the decisions of the Minister of Labour and Social Affairs.
SECTION TWO – YOUTH LABOUR
Article 20 –
Youth of both genders under the age of fifteen may not be employed.
Article 21 –
Prior to the employment of any youth, the employer must obtain therefrom the following documents which he keeps in the youth’s personal file:
1 – A birth certificate or an official extract thereof, or an age estimation certificate issued by a pertinent doctor and authenticated by the competent health authorities.
2 – A certificate of health fitness for the required job issued by a competent doctor and authenticated.
3 – A written consent of the guardian or trustee of the youth.
Article 22 –
The employer must keep in the work location a special register for the youth comprising the name and age of the youth, the full name of the guardian or trustee thereof, the place of residence, date of employment and the work for which the youth is employed.
Article 23 –
Youth may not be engaged at night in industrial enterprises. The word “night” shall mean a period of twelve consecutive hours at least including the period from 8 p.m. until 6 a.m.
Article 24 –
The employment of youth in hazardous, strenuous or harmful to the health conditions shall be prohibited. Such conditions are determined by virtue of a decision issued by the Minister of Labour and Social Affairs upon the consultation of the competent authorities.
Article 25 –
The maximum effective working hours for the youth shall be six hours per day, with one or more intervals for rest, meals or prayer whose total is one hour at least . Such interval(s) shall be set in such a manner that the youth does not work more than four consecutive hours. The youth may not be kept in the work location for more than seven consecutive hours.
Article 26 –
Youths may not be charged with overtime, regardless of the circumstances, be kept in the work location after their set working hours, or be made to work on rest days.
SECTION THREE – WOMEN LABOUR
Article 27 –
Women may not be employed at night. The word “night” shall mean a period of eleven consecutive hours at least including the period from 10 p.m. until 7 a.m.
Article 28 –
The following cases shall be exempt from the prohibition of women labour at night:
a – When work in the firm ceases by a force majeure.
b – Work in administrative and technical position.
c – Work in health services and other jobs determined by virtue of a decision issued by the Minister of Labour and Social Affairs should the working woman not normally practice a manual work.
Article 29 –
The women labour in hazardous, strenuous or physically or morally harmful jobs, as well as other jobs determined by virtue of a decision issued by the Minister of Labour and Social Affairs upon the consultation of the competent authorities shall be prohibited.
Article 30 –
The female worker shall be entitled to a maternity leave with full payment of the wage thereof, and such for a period of forty five days that include the pre-and postnatal periods, provided that the continuous service period for the employer is of one year at least. The maternity leave shall be granted with half a wage should the worker not have completed the aforementioned period.
Upon the end of the maternity leave , the worker may remain absent from work without pay for a period of one hundred consecutive or non-consecutive days at most should such absence be caused by an illness hindering her from returning to work. Such illness shall be established by means of a medical certificate issued by the medical entity appointed by the competent health authority or ratified by such authority stating that such illness arises from the pregnancy or the delivery.
The leave referred to in the preceding paragraphs shall not be deducted from other leaves.
Article 31 –
During the period of eighteen months subsequent to the date of delivery, the nursing worker shall be entitled, in addition to the determined rest period, to a two additional periods per day for such purpose, the duration of each thereof not exceeding half an hour. Such additional periods shall be deemed as part of the working hours and do not entail any deduction of the wage.
Article 32 –
The female worker shall be granted a wage equal to that of the man should she be performing the same work.
SECTION FOUR – COMMON PROVISIONS FOR YOUTH AND WOMEN LABOUR
Article 33 –
The Minister of Labour and Social Affairs, by a decision thereof, may exempt the philanthropic and educational institutions of all or some of the provisions set forth in the preceding two Chapters of the present Title, should such institutions aim at the rehabilitation or professional training of youth or women, provided that the by-laws of such institutions stipulate the nature of the works carried out by youths and women, the working hours, the conditions of work therein in a manner not contradicting with the actual capacity of youths and women.
Article 34 –
The following shall be partially responsible for the execution of the provision of the preceding second and third Chapters of the present Title:
a – Employers or representatives thereof.
b – Guardians or trustees of the youth, spouse or guardian of the woman should she be minor, and such should they agree on the employment of the youth or woman contradictory to the provisions hereof.
EMPLOYMENT CONTRACTS, RECORDS, AND WAGES
SECTION ONE – INDIVIDUAL EMPLOYMENT CONTRACTS
Article 35 –
Subject to the provisions of Article 2, the employment contract shall be made in duplicate, on copy to be given to the employee and the other to the employer. In absence of a written contract all of its conditions may be proved by all legal means of evidence.
Article 36 –
The employment contract shall in particular specify the date of its conclusion, the date on which work begins, nature and place of work, duration of the contract in the case of contract with limited period and the amount of the remuneration.
Article 37 – As amended by Federal Law No. (12) of 1986
The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
Article 38 –
An employment contract may either be for a limited or an unlimited period. If it is for a limited period, such period shall not exceed four years and the contract may with mutual agreement be renewed one or more times for similar or shorter period/periods. In the event of renewal of the contract the new period/periods are deemed to be an extension of the original period and shall be added thereto in calculation of the employee’s total period of service.
Article 39 –
An employment contract is considered a contract for an unlimited period effective from the day of its commencement in any of the following cases:
1.If it is not concluded in writing.
2. If it is made for an unlimited period.
3. If it is made in writing for a limited period and continues to be applied by both parties after lapse of its period without a written agreement between them.
4. If it is concluded for the performance of a specific job for which no period is fixed, or if the job by its nature calls for renewal, and has remained in force despite the completion of work agreed to.
Article 40 –
If both parties have continued to apply the contract after the lapse of its original term or completion of work agreed to, without an express agreement, it should be understood that the original contract has been extended under the same conditions except for condition regrading its duration.
Article 41 –
If an employer entrusts another party with the performance of any of his basic works or any part thereof, this latter becomes solely responsible for any entitlement due to the workers executing the subsidiary work under the provisions of this Law.
SECTION TWO – VOCATIONAL TRAINING CONTRACT
Article 42 –
A vocational training contract is a contract under which the proprietor of an establishment undertakes to equip an individual who attained at least twelve years of age with full vocational training in compliance with the vocation principles. The apprentice shall undertake to serve the employer during the training period under such terms and for such period as may be agreed. The training contract shall be made in writing, otherwise it shall be null and void. Also the employer or any person giving the training must be adequately qualified and experienced in the vocation or trade in which the employee is to be trained. Furthermore, technical facilities and conditions required for teaching the vocation or trade must be made available at the establishment itself.
Article 43 –
A trainee who attains legal age shall sign the contract himself. It is not permissible for any one who did not attain 18 years of age to enter into training contract directly by himself, but shall be represented by his natural or legal guardian or trustee.
Article 44 –
1. A training contract shall be made in at least three copies, one of which shall be deposited with the competent labour department for registration and authentication purposes. Each of the two parties shall retain one authenticated company.
2. If the training contract which must be registered contains any provisions contrary to the Law or the regulation and orders issued in implementation thereof, the competent labour department may require the parties thereof to remedy thereto.
3. If the competent labour department does not make any comment or objection within a period of one month from the date on which the training contract is deposited therewith, the contract shall be deemed de facto endorsed from date of its deposit.
Article 45 – The training contract shall contain details on the identity of parties thereto and/or their representatives as the case may be together with the procedures, period, phases and the vocation subject of the training.
Article 46 – The employer shall give the trainee sufficient time for theoretical education and shall throughout the period fixed in the contract train him on the proper methods and skills of the vocation for which he is employed; the employer shall also grant the trainee a certificate on completion of each phase of training in accordance with the provisions contained in this Section and a final certificate on completion of the training period. The final certificate shall be endorsable by the competent Labour Department in accordance with such rules and procedures as may be determined by the Minister of Labour and Social Affairs.
Article 47 –
The training contract may contain an undertaking by the employer to the effect that on completion of his training he shall work for the employer or at the establishment where he has been trained for a period not exceeding twice the training period. The employer may undertake in the training contract to employ the employee on completion of the latter’s period of training.
Article 48 –
The Contract shall determine remuneration to be paid for each phase of training, and the remuneration for the final phase shall not be less than the minimum salary prescribed for a similar work and shall not in any case whatsoever be fixed on piecemeal basis or on production basis.
Article 49 –
A trainee who is under 18 years of age shall before commencement of training undergo medical examination to ascertain his health condition and ability to carry out the duties of the vocation for which he wishes to be trained, should particular physical and health conditions be required. The medical report should certify that the trainee candidate satisfies the physical and health conditions required.
Article 50 –
The Minister of Labour & Social Affairs can decide to regulate training for vocations and trades which require apprenticeship and fix the period of training of such vocations and trades, theoretical and practical training programs, the conditions of examination and the certificate given on completion of the training period. The Minister shall give his decision in this respect after taking the opinion of the public establishments concerned. In all cases the Minister may consult one or more experts in the profession or vacation where apprenticeship is required to be regulated.
Article 51 –
The Minister of Labour and Social Affairs may decide to establish vocational training centers independently or in co-operation with national, foreign or international vocational or charitable bodies. The decision to establish a center shall determine the vocation for which training is to be provided, condition for admission to the center, the theoretical and practical curricula, the rules of vocational examinations and certificates and any other matters necessary for better performance of the center.
Article 52 –
The Minister of Labour and Social Affairs may impose upon such establishments, companies and proprietors of industries, vocations and trades as may be determined by him to accept a certain number or a certain percentage of national trainees for work under such terms and conditions and for such periods as may be decided by the Minister of Labour. Moreover, the Minister of Labour may require said establishments, companies, and proprietors of industries, vocations and trades as may be determined by him to accept for training purposes and additional practical experience a certain number of a certain percentage of students of industrial and vocational institutes and centers students under such terms and conditions and for such periods as may be agreed with the management of the establishment concerned.
SECTION THREE – RECORDS AND FILES
Article 53 – As amended by Federal Law No. (12) of 1986
Each employer employing five or more employees shall abide by the following:
1. He shall keep a special file for each employee, showing his name, profession, age, nationality, place of residence, marital status, effective date of service, pay and whatever changes effected on the pay, penalties invoked against him, injuries and vocational diseases sustained by him, date of service termination and causes of that.
2. He shall prepare a card for each employee and keep it in his personal file. The card is to be divided into three parts, one for annual leaves, the second for sick leaves and the third for other leaves. The employer or whoever acts for him shall record in this card any leaves obtained by the employee, and it shall be referred to this card whenever the employee applies for leave.
Article 54 – As amended by Federal Law No. (12) of 1986
Each employer employing fifteen or more employees shall keep in each place of business or branch where he practices business, the following records and documents:
1. Register of wages: In this register names of employees are to be listed showing the dates for joining of service, and fixing the amount of daily, weekly or monthly pay, along with its benefits, or piece-meal pay, or the commission to each one of them, his working days, and the date for his final departure from work.
2. Register of work injuries: All work injuries accidents and vocational diseases sustained by the employees shall be recorded in this register as soon as they are brought to the knowledge of employer.
3. The Regulations of the Work: These regulations shall particularly define the daily working hours, weekly holiday, other holidays, necessary measures and precautions to be taken for avoiding work injuries, and fire hazards. They shall be displayed at visible place in the premises of business. Such regulations and any amendments thereof, will not take effect, unless they have been approved by the Labour Department within thirty days from the date they are submitted thereto.
4. Penalties Sheet: It has to be displayed at a visible place in the premises of business, listing the penalties that may be invoked on the defaulting employees, and citing the conditions and cases for putting them into operation. Enforcement of penalties and any amendments thereof, should be subject to approval by the Ministry of Labour within thirty day from the date of submitting the same thereto.
SECTION FOUR – REMUNERATION
Article 55 –
Remuneration shall be paid on a working day and at the place of work in the lawfully circulating national currency.
Article 56 –
Employees engaged on yearly or monthly remuneration shall be paid at least once a month. All other employees shall receive their remuneration at least once every two weeks.
Article 57 – The daily remuneration of an employee on piece pay shall be computed on the basis of the average pay received for actual days of work during the period of six months prior to the termination of service.
Article 58 –
Settlement of the remuneration payable to employees irrespective of its amount or nature shall be evidenced only in writing, by declaration or oath. Any agreement to the contrary shall be null and void even if made before the effective date of this Law.
Article 59 –
No worker shall be obliged to buy food or other commodities from specific shops or products manufactured by the employer.
Article 60 – Any amounts of money may not be deducted from the employee’s remuneration to recover particular rights, except in the following cases:
a. Repayment of advances or amounts of money paid to the employee in excess of his entitlement, provided that deduction in this case may not exceed 10% of the employee’s periodic pay.
b. Installments which are payable by law by the employees from their remuneration, such as social security and insurance schemes.
c. Subscriptions of the employees in the saving fund or advances due for payment to the fund.
d. Installments in respect of any social scheme or other privileges or services provided by the employer and approved by the Labour Department.
e. Fines imposed upon the employee due to offenses committed by him.
f. Any debts payable in execution of court judgment provided that not more than a quarter of the employee’s pay shall be deducted. In the event of numerous debts or creditors, half of the remuneration at the most may be deducted and the sums of money attached shall be divided pro rata among beneficiaries after payment of any legal alimony amounting to one quarter of the remuneration.
Article 61 – As amended by Federal Law No. (12) of 1986
If the employee has caused the loss, damage or destruction to any tools, machines, equipment or products owned by or kept in custody of the employer, to the extent that involvement of the employee was due to his fault or violation of the employer’s instructions, then the employer has the option to cut from the employee’s pay the amount required for rectifying error or restoring the item to its original condition, provided that the amount to be deducted shall not exceed five day pay each month. The employer can apply to the competent court through the concerned Labour Department for authorizing him to deduct more than this amount if the employee is financially sound or has another source of money.
Article 62 –
The employer may not transfer an employee from the monthly pay to the daily, weekly, hourly or piece work pay except with the latter’s written consent.
Article 63 –
The minimum salary and the cost of living allowances payable generally or with respect to a certain area or a particular profession, shall be fixed by a Federal Decree issued pursuant to proposal made by the Minister of Labour and Social Affairs and approved by the Council of Ministers. The Minister’s proposal shall be made either for description or reconsideration of the minimum pay after consulting with the competent authorities and trade agencies if any for both employers and employees based on studies and schedules of the cost of living price fluctuations prepared by concerned authorities in the State. Such minimum pay shall in all cases be enough for the employee’s basic needs and to secure means of living.
Article 64 –
Minimum salary and its amendments shall come into operation from date of publication of the specific decree in the Official Gazette.
WORKING HOURS AND LEAVES SECTION
SECTION ONE – WORKING HOURS
Article 65 –
The maximum number of ordinary working hours for adult workers shall be eight hours per day, or forty eight hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labour. Furthermore, the daily number of working hours may be reduced for strenuous or harmful works and such by virtue of a decision from the Minister of Labour and Social Affairs.
The ordinary working hours shall be reduced by two hours during Ramadan.
The commutation periods spent by the worker from the place of residence to the work site thereof shall not be calculated within the working hours.
Article 66 –
The daily working hours shall be regulated so that the worker does not work more than five consecutive hours without intervals for rest, meals and prayer, whose total period shall not be less than one hour. Such intervals shall not be included in the working hours.
As for the factories and workshops where work is carried out in successive shifts around the clock, or for works that require uninterrupted work for technical and economic reasons, the Minister shall regulate the method whereby workers are granted the periods of rest , meals and prayer and such by virtue of a decision issued thereby.
Article 67 –
Should the work circumstances require the carrying out by the worker of a work for more than the ordinary working hours, the additional period shall be deemed an overtime, for which the worker shall be paid a wage equivalent to the ordinary hourly wage with an addition of at least 25% of the said wage.
Article 68 –
Should the work circumstances require the carrying out by the worker of an overtime work between 9 pm and 4 am, the worker shall be entitled, in counterpart for the overtime, to a wage equivalent to the ordinary hourly wage with an addition of at least 50% of the said wage.
Article 69 –
Effective overtime working hours may not exceed two hours per day, unless such work is necessary for the prevention of the occurrence of a colossal loss, a serious accident or the removal or mitigation of the consequences thereof.
Article 70 –
Friday shall be the ordinary weekly rest for all workers with the exception of the daily worker. Should the circumstances require that the worker work on this day, the worker shall be entitled to a substitute rest day, or to the basic wage for the ordinary working hours in addition to 50% at least of the said wage.
Article 71 – The worker may not be requested to work for more than two consecutive Fridays with the exception of the day workers.
Article 72 –
The provisions of the present Chapter shall not apply to the following categories :
1 – Persons occupying high – ranked managerial or supervisory positions, should such positions confer upon the occupants thereof powers of the employer over the workers. A decision of the Minister of Labour and Social Affairs specifying such category shall be issued.
2 – Workers constituting the crew of naval vessels, and sea workers who shall enjoy special service conditions due to the nature of their work, with the exception of the port workers engaged in the loading and unloading and related operations.
Article 73 –
The employer shall place on the main entrances used by the workers and in prominent locations in the working site a schedule of the weekly day off, working hours and rest periods for all workers categories, and shall dispatch a copy thereof to the competent Labour Department.
Should the work site not abide by the weekly day off, the employer must mention in the locations referred to in the previous paragraph a timetable showing the weekly rest day for each category of the workers.
SECTION TWO – LEAVES
Article 74 –
The worker shall be entitled to an official leave with full payment in the following occasions:
a – New Year’s Day (Hejir) – One day
b – New Year’s Day (Gregorian) – One day
c – Eid al Fitr – Two days
d – Eid al Adha and Arafat Day – Three days
e – Prophet Mohammed Birthday Anniversary – One day
f – Isra and Mi’raj – One day
g – National Day – One day
Article 75 –
The worker shall be entitled during every year of service an annual leave of no less than the following periods:
a – Two days for each month should the period of service of the worker be of six months at least and a year at most.
b – Thirty days for each year should the period of service of the worker exceed one year.
Should the service of the worker be terminated, the worker shall be entitled to an annual leave for the fractions of the last year.
Article 76 –
The employer may determine the date of the commencement of the annual leave, and may divide it if necessary to two or more periods. The division provision shall not apply to the leave of youths.
Article 77 – As amended by Federal Law No. (12) of 1986
The holidays set by law or by agreement, or any other leaves caused by illness should it occur during such holiday shall be included in the annual leave and deemed a part thereof.
Article 78 – As amended by Federal Law No. (12) of 1986
The worker shall receive a basic wage and a housing allowance, if any, for the days of the annual leave. Should the work circumstances require that the worker work during his total annual leave or a part thereof, and should the leave during which the worker worked is not carried forward to the next year, the employer must pay the worker the wage thereof , in addition to a leave allowance for the days of work, equal to his basic wage.
In all cases, the worker may not be required to work during the annual leave for more than once within two consecutive years.
Article 79 –
The worker shall be entitled to receive the any sums for accrued annual leave days should he be dismissed or should he leave work after the duly determined notice period. Such payment shall be calculated on the basis of the wages paid to the worker at the time of such leave.
Article 80 –
The employer shall pay to the employee, prior to the annual leave thereof, the entire wage due thereto in addition to the leave pay determined by virtue of the provisions hereof.
Article 81 –
Should the work circumstances require that the worker work during holidays or leaves for which a complete or partial payment is paid thereto, the worker shall be granted a substitute leave as well as an increase in the wage amounting to 50% thereof. Should he not be granted a substitute leave, the employer shall pay to the worker an additional sum to the basic salary thereof amounting to 150% with regards to the days of work.
Article 82 –
Should the worker sustain an illness not caused by an occupational injury, he must notify the employer thereof within two days at most. The employer shall take the necessary procedures to expose the worker to a medical examination immediately in order to verify the illness thereof.
Article 83 – As amended by Federal Law No. (12) of 1986
1 – The worker shall not be entitled to any paid sick leave during the probation period.
2 – Should the worker spend more than three month after the end of the probation period in the continuous service of the employer and contracted an illness, he shall be entitled to a sick leave not exceeding 90 consecutive or non consecutive days for every year of service, calculated as follows:
a – The first fifteen days with full pay.
b – The following thirty days with half pay.
c – The following periods without pay.
Article 84 –
The worker shall not be entitled to the wage during the sick leave should the illness directly arise from the ill behavior of the worker such as the consumption of alcohols or narcotics.
Article 85 –
The employer may terminate the service of the worker subsequent to the exhaustion thereby of the sick leaves set forth in Articles 82,83 and 84 hereof, should he not be able to report back to his work. In such case, the worker shall be entitled to the end of service gratuity in accordance with the provisions hereof.
Article 86 –
Should the worker resign from service by reason of illness before the expiry of the first forty five days of the sick leaves, and the governmental physician or the physician appointed by the employer consents to the cause of resignation, the employer must pay to the resigning worker the wage due to him with regards to the remainder of the first forty five days referred to hereinabove.
Article 87 –
The worker shall be granted for the entire duration of his employment and for one time a special leave without pay for the pilgrimage. Such leave shall not be included in the other leaves and may not exceed thirty days.
Article 88 – As amended by Federal Law No. (12) of 1986
During the annual or sick leave set forth in the present Section, the worker may not work for another employer. Should the employer establishes such action, he shall be entitled to terminate the employment of the worker without notice and to deprive him of his wage for the duration of the leave.
Article 89 –
Subject to the provisions set forth herein, every worker who does not report back directly to his job upon the end of his leave shall be deprived of the wage thereof for the period of his absence as of the day that follows the end of the leave.
Article 90 –
Without prejudice to the cases in which the employer is entitled to dismiss the worker without notice or gratuity set forth herein, the employer may not dismiss the worker or give him a notice thereof while the worker is on a leave set forth in the present Section.
SAFETY, PROTECTION HEALTH, AND SOCIAL CARE OF WORKERS
Article 91 –
Every employer must provide adequate means of protection for the employee from the hazards of injuries and vocational diseases that may occur during work as well as the hazards of fire and other hazards arising from use of machines and other tools, and he must apply all other means of protection as approved by the Ministry of Labour & Social Affairs, and the employee must use protective equipment and clothing provided to him for such purpose and he must abide by all instructions of the employer aiming at his protection from dangers and must not act in a way that may obstruct the application of said instruction.
Article 92 –
Every employer must display at a conspicuous point in the place of business detailed instructions concerning methods to prevent fire and protect employees from dangers while they perform their duties. Said instructions shall read in Arabic and, if necessary, in another language understood by the employees.
Article 93 –
Each employee has to arrange for one medical aid box(s), supplied with medicines, bandages disinfectants and other relief aids, to be fixed in a conspicuous place within the reach of employees and to be used by a specialist in handling first aids, and every one hundred employees should be provided with an aid box. Each first- aid box shall be sufficient for every 100 employees.
Article 94 –
Without prejudice to the provisions of by-laws and regulations issued by concerned government authorities the employer must provide proper cleanliness and ventilation in each place of business and must provide such places with adequate illumination, potable water and toilets.
Article 95 –
The employer must appoint one physicians(s) to do full medical checkup at least once each 6 months regularly for his employees who are exposed to the danger of infection with any of the occupational diseases reserved in the schedule attached hereto, and to record the results in his registers and in the personal files of such employees and the cases of occupational diseases must be reported instantly by the doctors to the employers and the Labour Department after these become certain through medical and laboratory analysis. The physician in charge of regular medical check up may ask for a second medical checkup for any employee who is exposed to occupational diseases before the lapse of the time limit stated in the para. under this article if the case of the employee so requires.
Article 96 – The employer must provide employees with means of medical care according to the standards decided by the Minister of Labour and Social Affairs in collaboration with the Minister of Health.
The Minister of Labour and Social Affairs has the capacity in consultation with the Ministry of Health, to determine the general Measures for health prevention applicable to all establishments having staff and in particular such measures relating to safety, illumination, ventilation and dining rooms, as well as supply of potable and cleaning water and measures relating to purification of atmosphere form dust and smoke and to stipulate precautionary measures against fire and electric current.
Article 97 –
The employer or his representative at the time of appointment must keep employees informed of the dangers related to their profession and preventive measures they have to take. Moreover, the employer must display detailed written instructions in this respect at places of business.
Article 98 –
The employer or his representative at the time of appointment must keep employees informed of the dangers related to their profession and preventive measures they have to take. Moreover, the employer must display detailed written instructions in this respect at places of business.
Article 99 –
Employers, agents of the employers or any other persons having authority on employees may not permit entry of any kind of alcoholic drinks into the places of business for consumption threat, and they may not permit entrance into or stay at the establishment or any intoxicated person.
Article 100 –
The employee shall abide by instructions and orders related to business safety and precautions, and adopt precautionary methods and pledge to care for items thereof in his possession. It is prohibited for an employee to act in any way that may contravene enforcement of said instructions or misuse methods placed for health and safety protection of employees or which may cause loss or damage to the same.
Article 101 –
Each employer who employs employees in areas that are remote from cities where there is no access to normal means of transportation shall provide employees with the following facilities:
1. Adequate means of transport
2. Adequate accommodation
3. Drinking water
4. Proper foodstuff
5. Medical aid equipment
6. Entertainment and sports amenities.
Areas to which all or part of the provisions of this Article apply shall be stated by decision of the Minister of Labour & Social Affairs.
With exception of foodstuff, all services referred to in this Article shall be at the expense of the employer and nothing hereof is to be borne by the employee.
Article 102 –
Disciplinary penalties which may be imposed by the employer or its agent upon its employees are as follows:
3. Suspension from work with reduced pay for a period not exceeding ten days.
4. Forfeiture of deferment of periodic increment in establishments where such increments system is applied.
5. Forfeiture or deferment of promotion in establishments where promotion system is applied.
6. Dismissal from service but reserving right to end of service benefits.
7. Dismissal from service together with forfeiture of all or part of the benefits, provided that penalties shall not be imposed for reasons other than those specifically prescribed in Article 120 of this Law.
Article 103 –
The disciplinary code determines the cases where each of the disciplinary penalties prescribed in the preceding Article may be imposed. The Mister of Labour and Social Affairs may issue by decision, a model penalty and benefits schedule to guide employers in setting up their respective regulations in this regard.
Article 104 –
A fine may be a certain amount of money or an amount equal to the remuneration of the employee for a certain period of time. A fine in respect of a single offence may not exceed remuneration payable for five days. It is not permissible to deduct within one month an amount equal to more than five days pay from the employee’s remuneration in settlement of fines imposed upon him.
Article 105 –
A special register shall be kept where shall be entered all penalties imposed upon employees showing reason and occasion of penalty, employee’s name and his pay.
A special account shall be made for this purpose and monthly total thereof shall be allocated for employees’ social welfare in accordance with a decision to be taken by the Minister of Labour and Social Affairs in this respect.
Article 106 –
Periodical increment may not be forfeited more than once in a year nor may the said increment be deferred for more than six months.
Article 107 –
No forfeiture of promotion may be made for more than one promotion step. The punished employee shall be promoted on the next immediate step when such employee becomes qualified for promotion.
Article 108 –
Financial proceeds collected by the employer as a result of the differences arising from forfeiture of increment or allowance or delay of the same shall be recorded in a special register with reasons thereof, name of the employee and amount of his remuneration. Monthly proceeds of such differences shall be allocated for spending on employees social welfare as may be decided by the Minister of Labour and Social Affairs in this regard.
Article 109 –
Disciplinary penalties may not be imposed on an employee who has committed an offence outside the place of business unless the said act is relevant to the business, the employer or its manager. Nor is it permitted to apply more than one penalty in respect of one offence or to combine between disciplinary penalty and deducting part of the employee’s pay in accordance with the provisions of Article 61 of this Law.
Article 110 –
Any of the penalties prescribed in Article 102 may not be applied on the employee unless he is notified in writing of the charge taken against him and unless his statement is heard and his defence is investigated and unless all that is recorded in a report kept in his personal file.
Penalty shall be noted at the bottom of the said report. The employee shall be notified in writing of the kind, amount and reasons of penalties and the action taken against him in case of repetition of the offence.
Article 111 –
An employee may not be charged with a disciplinary offence after lapse of thirty days from disclosure of the same, nor may a disciplinary penalty be imposed after the lapse of sixty days from closing of investigation on the offence and finding an evidence against the employee.
Article 112 – As amended by Federal Law No. 12 of 1986
If the employee has been charged with premeditated crime, such as his involvement in a physical assault or robbery of property or other offenses such as the abuse of honesty, breach of trust or strikes, the said employee may be temporarily suspended from work.
If a judgement releases the employee from standing a trial or acquits him he shall be reinstated to his work and his remuneration for the suspension period be paid to him in full in cases where his suspension was maliciously contrived by the employer.
TERMINATION OF EMPLOYMENT CONTRACT AND END OF SERVICE REMUNERATION
SECTION ONE – TERMINATION OF EMPLOYMENT CONTRACT
Article 113 –
The employment contract is deemed to be terminated in any of the following cases:
– In the event of mutual consent by both parties to terminate the contract provided that the employee’s consent is made in writing.
– On expiry of the period specified in the contract unless the contract is expressly or implicitly extended in accordance with the provisions of this Law.
– At the option of either party in unlimited contracts provided that the provisions of this Law regarding warnings and acceptable causes for termination of the contract without abuse are fully complied with.
Article 114 –
A contract of employment shall not expire by reason of death of the employer unless the subject matter of the contract is related to him in person. However, the contract shall terminate by reason of death of the employee or in case of his total disability to perform duties established by a medical report approved by the competent State Medical Authority.
If partial disability of an employee permits him to perform different duties which conform with his health state, the employer shall transfer the employee, at the latter’s request, to another job of such other duties and shall pay him the remuneration normally paid by the employer in similar cases without prejudice to entitlement and indemnity accrued to the employee in accordance with this Law.
Article 115 – As amended by Federal Law No. 12 of 1986
If the employer has terminated an employment contract with a limited period, for reasons other than those provided for under Article 120 hereof, he becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation in all events, may not exceed the total pay due to him for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.
Article 116 – As amended by Federal Law No. 12 of 1986
If the contract has been terminated on part of the employee, for reasons other that those provided for under Article 121 hereof, the employee becomes liable for compensating the employer against losses incurred by him in consequence of contract termination, provided that the amount of compensation, may not exceed half a month’s pay for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.
Article 117 –
1. The employer and employee may terminate the employment contract with unlimited period, for a valid reason at any time after conclusion of the contract by written notice duly given to other party, thirty days at least prior to termination.
2. In respect of daily pay employees period of notice shall be as follows:
- a. On week in the employee has worked for more than six months but less than one year.
- b. Two weeks if the employee has worked for at least one year.
- c. One month if the employee has worked for at least five years.
Article 118 –
The contract shall continue to be valid throughout the period of warning referred to in the preceding Article and shall expire with the expiry date of the warning. The employee shall be entitled to full pay during the notice period on the basis of last pay he earned, and he shall have to perform his duties during such period if so instructed by the employer.
It may not be agreed to waive or reduce period of warning but it may be agreed to increase such period.
Article 119 –
If the employer or the employee has failed to serve notice to the other party for termination of the contract or has reduced the notice period, the party obliged to serve the notice shall pay to the other party an indemnity called “Compensation in lieu of notice”, and it is incurred by the other party as a result of failure to give notice or for reduction of said period, and the indemnity shall be equal to the employee’s pay for the notice period in full or in proportion to the diminished part. In regard to employees on monthly, weekly, daily or per hour work pay the notice allowance shall be computed on the basis of last pay earned by them. With regard to employees paid on piece work basis, allowance shall be calculated on the basis of the average daily pay provided for in Article 57 hereof.
Article 120 –
The employer may dismiss the employee without notice in the following cases:
1. If the employee adopts a false identity or nationality or if he submits forged documents or certificates.
2. If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period.
3. If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.
4. If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.
5. If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.
6. If he divulges any secrets of the establishment where he is employed.
7. If he is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals.
8. If during working hours he is found drunk or under the influence of drug.
9. If in the course of his work he commits an assault on the employer, the manager or any of his colleagues.
10. If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.
Article 121 –
The employee may leave the service without notice in the following cases:
a. If the employer does not fulfil his obligations towards the employee as provided for in the contract or in this Law.
b. If the employer of his legal regal representative has committed an act of assault against the employee.
Article 122 –
Termination by the employer of an employee’s service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee’s service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer.
Article 123 – As amended by Federal Law No. 12 of 1986
a. If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee.
The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases the amount of compensation should not exceed the employee’s pay for a period of three months, to be worked out on the basis of last pay due to him.
b. The provisions of the preceding clause shall not prejudice to the employee’s entitlement to the gratuity due to him and notice period provided for in this Law.
Article 124 –
The employer may not terminate the service of an employee for his health deficiency before he avails himself of the leaves lawfully due to him. Any agreement to the contrary is deemed null and void even if it is made before this Law comes into operation.
Article 125 –
The employer shall provide the employee at the end of his service and at the latter’s request with an end of service certificate free of charge. Said Certificate shall include date of appointment and date of termination, total period of service, nature of work performed by him and his last pay plus allowances, if any. Certificates or diplomas, papers and tools belonging to the employee shall be returned to him.
Article 126 –
If any change takes place in the form of the establishment or in its legal status, valid contracts at the time of change shall continue to exist so between the new employer and the employees of the establishment, and service shall be deemed to be continuous. Both the former and the new employers shall jointly be liable for a period of six months for the fulfillment of obligations arising from contracts of employment in the period prior to such change and after the lapse of the said period the new employer shall be solely responsible.
Article 127 –
If work assigned to the employee allows to acquaint with the employer’s clients or have access to the secrets of his work, the employer may oblige the employee that after termination of the contract he may not compete with him or take part in any business interest competitive to the employer’s. Such agreement shall be valid only if the employee has reached the age of 21 years at the time of its being executed and if the agreement is limited with respect to the place, time and nature of work to the extent as is necessary to safeguard the lawful interest of business.
Article 128 –
Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year after the date on which he absented himself from duties. And no other employer who is aware of that may employ or keep such employee in his service during such period.
Article 129 –
If the non-national employee has notified the employer of his desire to terminate the contract with unlimited period and has absented himself from work before the end of the legal notice period, he may not take up employment elsewhere before the lapse of one year from date of absence from work, even with consent of employer, and no other employer, who is aware of the case may recruit him or keep him in service before the end of such period.
Article 130 –
The provisions of Article 128 and 129 exempt non-national employee who obtains prior approval of the Minister of Labour and Social Affairs before taking up another employment with the approval of the original employer.
Article 131 –
Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer subject to the provisions in the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent authorities shall do this at the employer’s expense by way of attachment.
If the cause for termination of contract is attributed to the employee, his repatriation will be arranged at his own expense if he has the mean to pay.
Article 131 – bis – As amended by Federal Law No. 12 of 1986
1 – In the implementation of the provisions of the preceding Article, repatriation expenses shall mean the price of the travel ticket as well as the rights of the worker stipulated in the employment contract or the regulations of the establishment with regards to the travel expenses of his family and the cost of shipping of his personal effects.
2 – In the event where the employer provides the worker with accommodation, the worker shall vacate the accommodation within thirty days from the date of termination of the employment thereof.
3 – The worker shall not delay the vacation of the accommodation beyond said period for any reason whatsoever , provided that the employer pays the worker the following:
- a – Expenses provided for in clause 1 of the present Article.
- b – End of service gratuities and any other entitlements undertaken by the employer in accordance with the employment contract, establishment policies or the law.
4 – Should the worker contest the amount of the said expenses and entitlements, the competent labor department shall specify such expenses and entitlement in an expedite manner within a week from the date of notification thereto, provided that it notifies the worker thereof upon their specification.
5 – In such case, the thirty-day period referred to in clause 2 of the present Article shall run as of the date of the deposit by the employer of the specified expenses and entitlements into the treasury of the Ministry of Labour with the knowledge of the Labour Department. Should the worker not vacate the accommodation after the elapse of the said thirty-day period, the Labour Department shall cooperate with the pertinent authorities in the emirate to take the necessary administrative measures for the vacation.
6 – The provisions of the present Article shall not prejudice the right of the worker of contestation thereof before the competent court.
Article 131 – bis 1 – As Added by Federal Law No. 14 of 1999
1 – The employer shall submit to the competent labor department a banking guarantee whose type, value, procedures of submission, companies and institutions to whom it applies and other provisions related thereto shall be determined by virtue of a cabinet decision. Such guarantee shall be allocated to the good execution of the obligations of the employer provided for in Article 131 and 131 (bis) hereof.
2 – The deduction of any sums from the banking guarantee referred to in paragraph 1 of the present Article shall be carried out in pursuance of a judicial ruling, and such with the exception of the following:
- a – The expenses of repatriation of the worker to his country or to the location agreed upon with the employer.
- b – Sums acknowledged by the employer before the competent Labour department as due to the worker. In such cases, the Ministry may deduct such entitlements from the guarantee referred to in clause 1 of the present Article, and pay same to the worker in view of settling the prescribed rights.
SECTION TWO – END OF SERVICE REMUNERATION
Article 132 – As Amended by Federal Law No. 12 of 1986
The employee who has completed one year or more in the continuous service, is entitled to the end of service remuneration at the end of his service. Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows:
1. Twenty one day’s pay for each year of the first five years of service.
2. Thirty days pay for each additional year. Provided that the entire total remuneration shall not exceed two year’s pay.
Article 133 –
The employee shall be entitled to end of service remuneration in respect of fractions of the year payable pro rata to the time actually worked provided that he has completed one year of continuous service.
Article 134 – As Amended by Federal Law No. 15 of 1985
Without prejudice to the provisions of some laws regarding the granting of pensions and gratuities to employees of some establishments, the end of service gratuity shall be computed on the basis of last wage which the employee was entitled to, in respect of those drawing their salary per month, week or day, and on the basis of average daily wage stipulated in Article 57 in respect of those drawing their wages on piece work basis. The wage which is considered as basis for computation of the end of service gratuity shall not include anything given to the labourer in kind, housing allowance, transport allowance, travel allowance, overtime allowance, representation allowance, cashier’s allowance, children education allowance, recreation and social services allowance or any other allowances.
Article 135 –
The employer may deduct any amounts due to him from the employee’s end of service remuneration.
Article 136 –
In fulfillment of the provisions of Article 132, cases of employment preceding the effective date of this Law shall not be considered as cases entitling the employee to end of service gratuity. Without prejudice to rights acquired by the employee under any repealed labour law or contracts of employment, agreements, by-laws or regulations of the establishment. In the event of his death, the employee’s gratuity shall be paid to his legal heirs.
Article 137 –
If an employee under a contract with unlimited period has left his work at his own option after a continuous service of not less than one year and not more than three years, he shall be entitled to one third of the end of service gratuity provided for in the previous Article. If the period of his continued service is more than 3 years and less than 5 years he becomes entitled to 2/3 of the said gratuity, but if his continued service exceeds 5 years, he becomes entitled to the entire gratuity.
Article 138 –
If an employee under a contract with limited period leaves his work at his own option before the end of the contract period he shall not be entitled to end of service gratuity unless the period of his continuous service exceeds five years.
Article 139 –
The employee shall be fully deprived of the end of service gratuity in any of the following cases:
a. if he is dismissed from service for any reason in accordance with Article 120 of this Law or if he leaves his work to avoid dismissal in accordance with the provisions of this Article.
b. If he leaves his work willingly and without notice in cases other than those enumerated in Article 121 under this law with respect to unlimited period contracts or before he completes five years of continuous service with respect to limited period contracts.
Article 140 –
In any establishment where a saving fund is raised for employees and if the regulations of such fund provide that payments made by the employer to the fund for the account of employee is a legal commitment against the end of service gratuity, the amount of savings or benefits due hereunder shall be paid whichever is greater. If the fund regulations have no provisions that amounts paid by employers is a legal commitment for the end of service gratuity, the employee shall collect amount due to him from the saving fund in addition to the legal gratuity.
Article 141 –
In any establishment where a pension or security schemes or similar schemes are maintained, the employee who is entitled to retirement pension may select either this latter or the prescribed gratuity or whichever from both thus is more favourable to him.
COMPENSATIONS FOR OCCUPATIONAL INJURIES AND DISEASES
Article 142 –
If the employee sustains a labour injury or occupational disease as enumerated in Schedule (1) and (2) attached to this Law, the employer or its representative must report the accident instantly to the Police and Labour Department or any of its branches having jurisdiction over the place of business.
The report must include employee’s name, age, vocation, address, and nationality in addition to a brief description of the accident, its circumstances and the arrangements made for the employee’s medical aid or treatment.
The police shall carry out necessary investigation, upon receipt of the report which contains statements of witnesses and employer or his representative and statement of injured if his condition so allows, and the report must indicate in particular if the accident is related to work, and whether it was deliberate or a result of gross misconduct on the part of the employee.
Article 143 –
Following the investigation, the police must send a copy of the report to the Labour Department and another to the employer. The Labour Department may request that the investigation be completed or otherwise it shall have the investigation directly completed if it is deemed necessary.
Article 144 –
In cases of Labour accidents and occupational diseases the employer shall pay the employee’s treatment expenses at government or private hospitals until he recovers or his disability is proven. Treatment includes admission in hospitals or sanitorium, and surgical operation, X-ray and laboratory fees in addition to medicines and rehabilitation equipment purchased, artificial limbs and apparatus provided to the disabled persons. Moreover, the employer must pay the transport expenses arising from the treatment of employee.
Article 145 –
If the injury prevents the employee from carrying out his duties, the employer must pay him a financial subsidy equal to full pay throughout the period of treatment or for a period of six months, whichever is shorter. If treatment lasts from more than six months, said subsidy shall be reduced to the half for another period of six months or until the employee recovers from illness or his disability becomes certain or he dies whichever occurs first.
Article 146 –
Financial subsidy referred to in the preceding Article is calculated on the basis of last pay received by the employee in respect of employees who receive monthly, weekly, daily, hourly wages and on the basis of the daily average pay provided in Article 57 with respect to employees on piece work pay.
Article 147 –
The medical practitioner in charge shall at the end of treatment make a duplicate report, a copy of which shall be handed to the employee and the other to the employer, and shall defined in the report kind and cause of injury, date of accident, its relation to work and period of treatment and whether the employee has sustained permanent infirmity, or otherwise and degree of disability, if any, and whether such disability is total or partial as well as his ability to carry on duties with the existing disability.
Article 148 –
If a dispute arises in connection with the extent of employee’s physical fitness for work or grade of disability or other matters related to injury or treatment, the question must be referred to the Minister of Health through the competent Labour Department. A medical board comprising three government physicians shall be formed by the Ministry of Health each time such dispute is referred to it to decide the extent of the employee’s physical fitness for service or grade of his disability or any matter related to the injury and treatment. The board may consult with specialized experts and the decision of the board shall be final and forwarded to the Labour Department to take necessary steps for its execution.
Article 149 –
If the employee dies as a result of a labour accident or occupational disease, the employee’s family members shall be entitled to an indemnity equal to the basic pay of the employee for a period of 24 months, provided that the amount of indemnity shall not be less than eighteen thousand Dirhams and not more than thirty five thousand Dirhams. The amount of indemnity shall be calculated on the basis of the last pay earned by the employee prior to his death. Such indemnity shall be distributed among the beneficiaries of the deceased employee in accordance with the provisions of the schedule attached hereto.
In application of the provisions of this Article, the term “members of the deceased family” shall mean such persons who at the time of death of the employee used to be entirely or mainly supported by the income of deceased, that is:
a. Widow or widower
b. Children, namely:
- 1. Sons who have reached the age of 17 years and those who regularly attend schools and have not completed 24 years of age, or those who mentally or physically are incapable to earn living. The term sons includes sons of the husband or of the wife who were under the guardianship of the deceased at time of his death;
- 2. Unmarried daughters, including the daughters of the husband or wife who are not married and at the time of death were under the guardianship of the deceased.
- 3. Parents;
- 4. Brothers and sisters according to terms provided for sons and daughters.
Article 150 –
If labour accident or occupational disease results in a permanent partial disability of the employee, he shall be entitled to indemnity in accordance with rates enumerated in the two schedules attached to this Law multiplied by the amount of death indemnity prescribed in the first paragraph of the preceding Article, as the case may be.
Article 151 –
The amount of indemnity due to the employee in the event of a permanent total disability shall be equal to that due in the event of death.
Article 152 –
The Minister of Labour and Social Affairs may if necessary and in agreement with the Minister of Health, amend the occupational diseases in Schedule (1) and indemnity of disability in Schedule (2) attached to this Law.
Article 153 –
Neither the injured employee nor the members of his family shall be entitled to indemnity in respect of injury or disability if it has not caused death and if the investigations by the competent authorities have established that the employee has deliberately caused injury to himself with intention of committing suicide or to obtain indemnity or sick leave or otherwise, or if the employee was at the time of the incident under the influence of drug or alcoholic drinks, or if he has wilfully violated safety instructions displayed conspicuously at the place of business or if his injury or disability resulted from serious premeditated misdemeanor on his part or if he has refused unreasonably the medical checkup or treatment as prescribed by the medical board formed in accordance with the provisions of Article 148.
In any of the cases hereinabove, the employer shall not be under obligation to provide treatment or any financial subsidy to the employee.
COLLECTIVE LABOUR DISPUTES
Article 154 –
Collective labour disputes means any dispute between the employer and his employees, concerning common interests for all or part of the employees in an establishment or vocation or a certain profession or in any specific vocational sector.
Article 155 –
If a dispute arises between an employer(s) and all or part of his/their employees and both parties fail to reach an amicable settlement, the following steps shall be taken:
1. The employees shall submit their complaint in writing to the employer and simultaneously dispatch a copy thereof to the Labour Department.
2. The employer shall reply in writing to the complaint or claims of the employees within seven working days from date of receipt of the complaint. A simultaneous copy thereof shall be submitted to the Labour Department at the same time.
3. If the employer fails to submit his reply to the complaint within the fixed period or if his reply does not result in settlement of the dispute, the competent Labour Department of its own motion or at request of either party shall mediate to settle the dispute amicably.
4. If the complaint is made by the employer, he must submit the complaint directly to the Labour Department to mediate for an amicable settlement of the dispute.
Article 156 –
If mediation efforts by the competent Labour Department have failed to reach a settlement on the dispute within 10 days from date of the Department’s knowledge thereof the Department must refer the dispute to the competent conciliation board for settlement and notify both parties of its decision in writing.
Article 157 –
In each Labour Department, a board is to be set up and called the Conciliation Board, and for this purpose a decision shall be taken by the Minister of Labour and Social Affair.
Article 158 –
Each party to the dispute shall follow-up the matter before the Conciliation Board until a decision is awarded and the Board shall issue its decision by majority within two weeks from date on which the dispute was referred to it. The decision shall be binding on both parties only if they have agreed in writing before the Board to accept it decision. If such agreement is not made, either party or both parties may challenge the Board’s decision before the Supreme Arbitration Committee within thirty days from date on which decision was made, otherwise, the decision shall be deemed to be final and enforceable.
Article 159 –
Rescission of employment contract or dismissal of the employees’ representatives who are members of the Conciliation Board shall not prevent performance of their duties on the Board unless the employees elect other representatives.
Article 160 –
A Committee called the Supreme Arbitration Committee is to be formed for Settlement of collective Labour Dispute, at the Ministry of Labour and Social Affairs, composed as follows:
1. The Minister of Labour as Chairman, and in his absence the Under Secretary or the Director – General of the Ministry of Labour and Social Affairs shall replace him.
2. A judge of the Supreme Federal Court is nominated by the General Assembly of this Court as a member and appointed by order of the Minister of Justice.
3. A person with experience and knowledge in labour matters and known for his impartiality is appointed as member by order of the Minister of Labour and Social Affairs. Two alternate members may be selected from the two categories of the two regular members to act for them in their absence. Appointment of regular and alternate members shall be valid for three renewable years, and renewal shall take place in the same manner as the appointment.
Article 161 –
The Supreme Arbitration Committee for settlement of collective labour disputes shall have the powers to issue final and conclusive judgements on all disputes referred to it by the concerned parties. Decisions of said Committee shall be taken by majority the grounds shall be stated.
Article 162 –
In accordance with a proposal from the Minister of Labour and Social Affairs, and in consultation with the Minister of Justice, a decision shall be taken by the Council of Ministers regulating litigation proceedings and other rules necessary for the good progress of the work before the Conciliation Boards and the Supreme Arbitration Committee for solving Collective Labour disputes. For the purpose of performing their functions these Boards and Committees may inspect papers and documents, records and other evidences and compel persons in possession of the same to submit these materials. They may also enter the establishment to conduct necessary investigation and to take whatever measures that are deemed to be necessary for settlement of the dispute.
Article 163 – As Amended by Federal Law No. 12 of 1986
Neither party to the dispute my again raise the conflict regarding which a final judgement has been given by any of the Boards referred to herein, unless with the mutual agreement of both parties to the dispute.
Article 164 –
The Boards referred to herein, shall apply the provisions of this Law, the laws in force and the rules of Islamic Sharia as well as any other customary rules, principles of justice, natural and comparative laws which are consistent therewith.
Article 165 –
The decisions rendered by the Supreme Committee of Arbitration in settlement of collective labour disputes shall be enforced with the cooperation of the competent authorities in each Emirate.
Article 166 – Labour inspection shall be undertaken by specialized inspectors attached to the Ministry of Labour and Social Affairs, and having the prerogatives and powers provided for in this law. Labour inspectors shall carry cards issued by the Ministry of labour and Social Affairs certifying their capacity.
Article 167 –
Labour inspectors shall have the following powers:
a. Control the proper implementation of the provisions of the Labour Law particularly in respect of the conditions of work, remuneration and protection and safety of employees during the performance of their duties and such other matters related to the health and safety of employees and the employment of juveniles and women.
b. Supply employers and employees with information and technical guidance to enable them adopt the best methods for the implementation of the provisions of this law.
c. Report to competent authorities, any problems which the existing rules cannot remedy and to propose whatever is necessary to this.
d. Make report of cases found in violation of the provisions of the Labour Law, regulations and decisions issued for their implementation.
Article 168 –
Before assuming their functions, labour inspectors shall take an oath before the Minister of Labour and Social Affairs that they will honour law, perform their duties sincerely and honestly and that even after cessation from their present posts they shall not divulge any secret or industrial trade mark or other secrets which may come to their knowledge ex officio, and to treat the complaints received by them in full secrecy and shall not disclose to employer or to his agents the contents of such complaints.
Article 169 –
The employers and their agents must provide the inspectors designated to perform labour inspection, with, all such necessary facilities and information for the performance of their functions and to comply with the summons to appear before them and to send their representatives when they are requested to do so.
Article 170 –
The labour inspector shall have the following powers:
1. Enter any establishment governed by the provisions of this Law at any time of the day or night without prior notice provided he performs that during working hours.
2. Carry out any inspection or investigation as may be necessary to ensure the proper implementation of the Law, and in particular he shall:
- a. Interrogate the employer or employees either alone or in presence of witnesses in respect of any matter related to implementation of the provisions of the Law.
- b. Inspect all documents required to be kept in accordance with the provisions of the Labour Law and decisions made in execution thereof and to obtain photocopies and extracts therefrom.
- c. Take one or more samples of materials used or related to the industrial operations or in other operations subject to inspection if such materials are believed to be harmful to the health or safety of employees, in order to have them analyzed in government laboratories to determine the extent of harm and inform the employer or his representative of the results and to take appropriate measures in this regard.
- d. Ensure that notices and publications are displayed conspicuously at the place of business in accordance with the provisions of the Law.
Article 171 –
The Minister of Labour and Social Affairs shall issue the necessary regulations for organizing inspection measures stipulated in the preceding Article.
Article 172 –
Without prejudice to the provisions of Article 169 hereinabove, any person carrying out inspection must notify the employer or its representative of his presence unless he believes that the purpose of inspection requires otherwise.
Article 173 –
A labour inspector may, in order to secure the compliance with the provisions concerning the health and safety of the employees, instruct the employers or their representatives to alter the machines and equipment used by them and to perform this within the time-limits prescribed by him. And in the event where an imminent danger threatens the health and safety of the employees, he may impose any necessary measures aiming at averting such danger immediately.
Article 174 –
If during an inspection visit, the inspector finds any violation of this Law, regulations or executive decisions, he shall report the violation in writing and refer the same to the competent Labour Department for necessary action against the offender.
Article 175 –
The labour inspector may, if necessary, request the competent administrative authorities and policemen to provide necessary help. In cases where inspection relates to health aspects of the business the inspector must, with the consent of the director of the concerned Labour Department be accompanied by a specialized physician from the Ministry of Health or the physician appointed for this purpose.
Article 176 –
The Chief Labour Inspector shall make a monthly report on the activities of labour inspection, areas of inspection, and organizations inspected, number and nature of contraventions made and to make an annual report on inspection in the area showing results and effects of inspection and whatever remarks and proposals he may have with a copy of the monthly and annual reports to be sent to the Labour Department.
Article 177 –
The Ministry of Labour shall prepare an annual report on inspection in the State, containing the role played by the Ministry in supervising the application of the Labour Law, and in particular, the following matters:
1. A statement on the provisions regulating inspection.
2. A statement on officials having the authority to inspect.
3. Statistic in respect of inspected establishments, number of employees, number of visits and inspection visits made by the inspectors, as well as violations committed and penalties imposed labour accidents and cases of occupational diseases.
Article 178 –
Forms for violation reports, inspection registers, notices and warnings, as well as appropriate regulations to maintain and use them, are to be made and circulated by the Ministry of Labour to labour Departments in different areas.
Article 179 –
Subject to the priority given to nationals and to the general pre-requisite conditions for appointment of employees, the labour inspectors are required to:
1. Have the character of complete impartiality.
2. Have no direct interest in the establishments they inspect.
3. Pass a special test in behaviour, following a training course of at least three months.
Article 180 –
Special training courses for labour inspectors shall be organized by the Ministry of Labour, during which the inspectors shall in particular receive training on the following:
1. Principles of organization of inspection visits and contact with the employers and employees.
2. Methods of checking registers and books.
3. Principles of guidance of the employers on the interpretation of and the results obtained from the application of the Law provisions, and assisting them in the implementation of such provisions.
4. Basic principles of industrial technology and safety methods against labour accidents and occupational diseases.
5. Basic principles of self-sufficient production and its effect on maintaining favourable conditions for the performance of the work.
Article 181 – As Amended by Federal Law No. 12 of 1986
Without prejudice to any severe penalty provided for in another law of imprisonment for a period not to exceed six months, and a fine not less than Dhs three thousand and not more than Dhs. ten thousand or either of the two penalties shall be inflicted to:
1. Any person who violates any of the obligatory provisions of this Law or any of the executive regulations or orders issued thereunder.
2. Any person who hinders or prevents any of the official assigned to enforce the provisions of this Law or any of is executive regulations or resolutions, or whoever attempts or starts to prevent him form performing his job either by force or violence or by threatening to use force or violence.
3. An official entrusted with the implementations of the provisions hereof and who disclose any confidential matter in respect of work, or any industrial patent or any other activities of work which may have come to his knowledge, in the course of his assignment, even though he has left the work.
Article 182 –
Execution of judgements to pay fines may not be stayed. Fines imposed on the employer shall vary in accordance with the number of employees regarding whom the violation was committed, provided that the total amount of the penalty imposed shall not exceed three times the maximum limit of the fine fixed . The provisions of this Article shall apply on the cases where a violation is committed against the following rules and any regulations and orders issued in implementation thereto:
1. Violation of the provisions of Article 13.
2. Violation of the provisions of Section Two and Three of Title Two.
3. Violation of the provisions of Title Three.
4. Violation of the provisions of Articles 114, 124, 125, 128 129, 142 and 144.
Article 183 –
In the event where an offence is committed again before the lapse of one year form the act of a judgement being rendered against the perpetrator in respect of a similar offence, the Court may inflict the double of the penalty.
Article 184 –
Subject to the provisions stipulated in Articles 34, 41 and 126 criminal proceedings may be filed against the General Manager who is responsible for the management of the establishment and against the employer if circumstances give the belief that he was not unaware of the facts constituting the violation.
Article 185 –
If the employer has not fulfilled his obligations hereunder the competent Labour Department may issue a decision showing the subject of violation, and instructing the employer to complete the work within a period to be fixed from date on which he has been notified, otherwise the Department shall carry out such work at the expense of the employer and collect costs by way of sequestration.
Article 186 –
In application of the provisions of this Law, the regulations and decisions in execution thereof, the Labour Department shall not in as far as possible, resort to criminal proceedings except after advise and guidance as given to the employers and employees involved in the violation and when necessary warning is given to them in writing to rectify their situation in accordance with the Law, before initiating any procedure.
Article 187 –
The Minister of Labour shall take a decision establishing Labour Departments and offices vested with powers to implement this law and determine their areas of jurisdiction.
Article 188 –
The Directors of Labour Departments and Officials of the Inspection Section at the Ministry of Labour shall be vested with Judiciary capacity for the implementation of this Law, regulations, decisions and orders issued in execution thereof.
Article 189 –
Any provision inconsistent with the provisions of this Law is hereby repealed.
Article 190 –
Without prejudice to the cases under this Law regarding the exemption from fees, the Minister of Labour shall determine in a decision given by him the fees due for the issue of Labour recruitment offices licenses, employment visas, work permits, renewal and issue of copies thereof provided that such fee shall not exceed Dh. 500 (five hundred only).
Article 191 –
According to a proposal by the Minister of Labour and Social Affairs the Council of Ministry may issue rules which are more beneficial to national employees.
Article 192 –
The Ministry of Labour shall take the necessary decisions for the enforcement of the provisions of this law, and Ministers according to their areas of jurisdiction shall put such rules into effect.
Article 193 –
This Law shall be published in the Official Gazette and shall take effect sixty days after the date of its publication.
Zayed Bin Sultan Al- Nahyan, President of The United Arab Emirates
Presidential Court – Abu Dhabi
6 Jumadi Ul Thani 1400 Ah
Corresponding to 20 April, 1980 AD.
This Federal Law has been published in the Official Gazette , issue no. 79 , p . 26
SCHEDULE NO. 1
Number of Disease:Disease:Occupation causing the disease
1: Poisoning by lead and its compounds : Any work involving the use or handling of lead or compounds containing lead.
2:Poisoning by mercury and its compounds: Any work involving the use or handling of mercury or its compounds or materials containing mercury, and any work involving exposure to the dust or gases of mercury or of its compounds or materials containing mercury.
3: Poisoning by arsenic and its compounds: Any work involving the use or handling of arsenic or its compounds or materials containing arsenic, and any work involving exposure to the dust and gases of arsenic or of its compounds or materials containing arsenic.
4: Poisoning by antimony and its compounds: Any work involving the use or handling of compounds antimony, its compounds or materials containing antimony and any work involving exposure to the dust and gases of antimony or of its compounds.
5: Poisoning by phosphorous and its compounds:Any work involving the use or handling of compounds phosphorus, its compounds or materials containing phosphorous and any work involving exposure to the dust or gases of phosphorus or of its compounds or materials containing phosphorus.
6: Poisoning by petroleum, its derivatives and compounds: Any work involving the handling or use of compounds and byproducts petroleum, its derivatives and compounds and any work involving exposure to their dust or gases.
7: Poisoning by manganese and its compounds: Any work involving the use or handling of compounds manganese, its compounds or materials containing manganese, and any work involving exposure to the gases or dust of manganese or of its compounds and any products containing manganese.
8: Poisoning by sulphur and its compounds: Any work involving the use or handling of sulphur, its compounds or materials containing sulphur, and any work involving exposure to gases or dust of sulphur or its compound alloys.
9: Poisoning by petroleum, its compounds: Any work involving the handling or use of by-products and compounds. petroleum, its gases or by-products and any work involving exposure to such substances, whether in solid, liquid or gas state.
10:Poisoning by chloroform or carbon tetrachloride: Any work involving the use or handling of carbon tetrachloride chloroform or carbon tetrachloride and any work involving exposure to their gases, or to any gases containing such substance.
11: Diseases resulting from radium or other radio-active substances (X-ray): Any work involving exposure to radium or to radio-active substances (X-ray) any radio-active materials or X-ray.
12: Chronic diseases of the skin and burns: Any work involving the use or handling of or of the skin and the eyes. Transfer of tar carbon, tar machines, mineral oil, kerosene orcement flour and similar materials such as dust and the components and by-products or deposits of such items.
13: Injuries of the eyes by heat and light: Any work involving frequent or continued and their complications. Exposure to light, heat or rays from molten glass or from heated or melted metals, or exposure to strong light and intense heat as would result in damage to the eye or impairment of sight.
14: Lung diseases resulting from 1.Silicosis (Silicon dust), 2.Asbestosis (Asbestos dust), 3.Byssinosis (cotton dust): Any work involving exposure to newly-asbestos and cotton dust. generated dust of silica or substances containing more than 5% of silica such as work in mining, quarrying, stone cutting or grinding, working in a stone cement factory, glassing metals with sand or any other activity involving such exposure to asbestos or cotton dust to an extent that such diseases are caused.
15: Anthrax: Any work involving contact with animals infected with this disease, or with their skins, horns and hair.
16: Glanders: All works involving contacts with animals infected with this disease.
17: Tuberculosis: Work at hospitals for the treatment of this disease.
18: Enteric fever Work at hospitals specialised in the treatment of this fever.
SCHEDULE NO. 2
PERMANENT DISABILITY COMPENSATIONASSESSMENT
DISABILITY DEGREE – TOTAL
NATURE OF PERMANENT DISABILITY: CALCULATION PERCENTAGE
1. Loss of both arms from the shoulder or loss of any two or more limbs – 100 per cent
2. Total loss of sight or loss of both eyes – 100 per cent
3. Total paralysis – 100 per cent
4. Imbecility or total mental deficiency – 100 per cent
5. Injuries or accidents to the head or skull causing continuous headache – 100 per cent
6. Total disfigurement of face – 100 per cent
7. Injuries and accidents to the chest and internal organs causing permanent and total inability to function normally – 100 per cent
DISABILITY DEGREE – PARTIAL
NATURE OF PERMANENT DISABILITY – CALCULATION PERCENTAGE
8. Loss of both legs from the thigh – 90 per cent
9. Loss of both arms from elbow or above – 85 per cent
10. Excessive disfigurement of the face – 80 per cent
11. Total loss of both hands from the elbow – 70 per cent
12. Total loss of right arm from shoulder joint or from the elbow – 70 per cent
13. Loss of both legs from the knee or above – 70 per cent
14. Total loss of left arm from the shoulder joint or from the elbow – 60 per cent
15. Loss of one leg from the knee or above – 60 per cent
16. Loss of right arm from the elbow or below – 60 per cent
17. Loss of one leg from the thigh – 60 per cent
18. Loss of both legs from below the knee – 60 per cent
19. Total loss of tight hand including thumb – 60 per cent
20. Loss of left arm from above or below the elbow – 50 per cent
21. Loss of the left hand fingers including thumb – 50 per cent
22. Loss of one leg below the knee – 50 per cent
23. Total and permanent loss of hearing – 50 per cent
24. Loss of tongue or permanent dumbness – 45 per cent
25. Loss of both feet from the ankle or below – 45 per cent
26. Loss of genital organ – 45 per cent
27. Loss of sight of one eye 45
28. Loss of right hand from the wrist – 38 per cent
29. Loss of thumb or four fingers of the right hand – 35 per cent
30. Loss of left hand from the wrist – 34 per cent
31. Loss of thumb or four of the left hand fingers – 25 per cent
32. Loss of one foot from the ankle or below – 20 per cent
33. Loss of all toes of one foot including the big toe – 20 per cent
34. Loss of three of the right hand fingers excluding the thumb – 15 per cent
35. Loss of the index finger of the right hand – 15 per cent
36. Loss of the phalanges joint of the right hand thumb – 10 per cent
37. Loss of the index finger of the left hand – 10 per cent
38. Loss of three of the left hand fingers excluding the thumb – 10 per cent
39. Loss of all toes foot of one excluding the big toe – 10 per cent
40. Loss of big toe of one foot – 10 per cent
41. Loss of the last phalanges joint of the left foot great toe – 6 per cent
42. Loss of the right hand middle finger – 6 per cent
43. Loss of the left hand middle finger – 6 per cent
44. Loss of the right hand annular finger – 6 per cent
45. Loss of the left hand annular finger – 6 per cent
46. Loss of the right hand auricular finger – 6 per cent
47. Loss of one finger of the left hand – 6 per cent
48. Loss of the phalanges joint of any finger excluding the thumb – 5 per cent
49. Loss of the right hand index finger second joint – 5 per cent
50. Loss of the foot toes excluding the great toe – 5 per cent
51. Loss of one molar tooth – 3 per cent
52. Loss of one canine tooth – 2 per cent
1. Total incapacity to use any organ of the body or part thereof is considered equal to total loss of such organ or part of the body.
2. If the person injured is a left – handed the compensation hereinabove provided for the left hand shall be the same as for the right hand.
3. In the case of marring, disfigurement or unnatural alternation of any organ or part of the body or any sense not covered by the above schedule, the rate of disability shall be estimated, in case of dispute, by the medical board referred to in Article 148 hereof which shall take into consideration nearest similar case in the above schedule.
SCHEDULE NO. 3
TERMS AND PROVISIONS GOVERNING THE DISTRIBUTION OF THE DEATH COMPENSATION AMONG THE FAMILY MEMBERS OF THE DECEASED EMPLOYEE
1. In the presence of the widow/widower with parents and the child who were in the care of deceased, the compensation shall be distributed in such a way that the widower shall get one eighth and the widows, if more than one, shall have one eighth divided equally among them, the father shall have on third, and both parents shall have one third equally between them, and the rest to the child. Should there be no child, the widower or widows, if more than one, shall get two thirds of compensation, the father shall have the rest, and if both parents are alive, they shall have the rest to be divided equally between them. In the absence of the parents the widow/widower shall have one eighth provided it is divided equally among widows if more than one, and the child shall have the rest . In the absence of either a child or a father with the widower/widow, the latter, shall have the full compensation provided it is divided equally between widows if more than one.
2. In the presence of a father and a child who were under the care of the deceased but in absence of a widow, the child shall have two thirds and the rest to the father or equally to both parents if they are still in existence.
3. In the presence of children used to be supported by the deceased employee, and in absence of the widower, widow, parent, or parents, or brothers or sisters who were supported by him, the compensation shall be distributed among the children equally, and if there is only one child he shall have the full amount of the compensation.
4. In the presence of parents who were supported by the deceased employee without children, widow or widower, the compensation shall be distributed between the parents equally. Unless only one parent exists he/she shall have the full compensation. Brothers and sisters supported by the employee prior to his death shall have the same share as parents in the absence of the latters.