Employment of people with special needs In accordance with Federal Labor Law A disabled person is a person who suffers from a deficiency in some of his phy WhatsApp: +971555570005
Employment of people with special needs
In accordance with Federal Labor Law No. 8 of 1980 and its amendments
A disabled person is a person who suffers from a deficiency in some of his physical, sensory or mental abilities as a result of illness, accident, genetic cause, Or hereditary work that led to his inability, from the whole or part of the work, And without continue or progress in it., As well as reducing of his ability to perform one of the other essential functions of life.
And they need care and rehabilitation or re-integration in the community, and people with special needs have the right to obtain a job that suits their mental and physical abilities, In that they form a segment of society and they have the right to participate in developing it, and thus prevent the marginalization of their role, and exclusion from it because of their disabilities,
The law guaranteed them this right, and their access to suitable jobs was reportedly regulated by Ministerial Decision No. 275 of 2006, Article 1 of it restricts the facilities in their operation and the text thereof:
” The institutions must take into account the right of people with special needs from the citizens to obtain work commensurate with their abilities and qualifications “
Taking into account that the word “must ” at the beginning of the text means that its an obligation to the institutions, The meaning of the text was that employers must provide job opportunities for people with special needs, If they are suitable for the job, with their scientific and practical qualifications and physical abilities,
The provision of the obligation to accept the application of the disabled people is confirmed in article 2 of the resolution and its text:
” The application for employment shall not be returned because of disability and if that disability does not prevent him from performing the required work “
In support of the advanced texts, the job should be provided when the following conditions are met:
1. The applicant must be disabled physically, and his disability does not prevent him from performing some work, administrative, technical or physical.
2. To be a citizen, non-citizens are not restricted.
3. To declare his desire to obtain a job opportunity by submitting an application to the institute that he wishes to join for work, and did not require a formal decision in the request..
4. The availability of a job opportunity that suits his qualifications and abilities.
The Labor Relations Regulatory Act and the Ministerial Decision 275, did not mention the number that the employer complies with in providing job opportunities for people with special needs.
Our estimate was to limit it to a number that takes into consideration the interest of people with special needs in providing job opportunities that are easy for them to obtain once the application is submitted. And in the interest of the proper functioning of the institute , the number of employment opportunities for people with special needs shall be restricted to a number that does not affect the performance of the institute and its purpose.
The decision requires employers to comply with the specifications to take into account globally the rights of workers with disabilities, in Article III and its text:
” The institutions must adhere to the international standards that people with disabilities need to reach the workplace and during working hours. “
Thus, the UAE Labor Law took into account the conditions of people with special needs and stipulated in their laws that they should be employed and Employers are required to provide them with the appropriate employment opportunities, in accordance with their abilities and qualifications to assist them in carrying out the required work.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
Employment of people with special needs In accordance with Federal Labor Law A disabled person is a person who suffers from a deficiency in some of his phy WhatsApp: +971555570005
