Minor labour in accordance with Law 8 of 1980 and its amendments
Minor labour in accordance with Law 8 of 1980 and its amendments The term juvenile means any person who has attained the age of 15 years and the age of WhatsApp: +971555570005
Minor labour in accordance with Law No. 8 of 1980 and its amendments
The term juvenile means any person who has attained the age of 15 years and the age of majority, whether it’s a male or female, The law allowed juveniles aged between 15 and 18 to work under official work permits.
Taking into account the age of the juvenile and his / her health and physical capacities, the legislator has placed in the labor law legal restrictions that are in place for the benefit of the juvenile. These restrictions are:
I. Age limitation: Article 20 of the Labor Relations Regulation law stipulates that::
“It shall not be allowed to employ children under the age of 15. “
This article prohibits the employment of the juvenile unless he is 15 years of age whether male or female, citizen or expatriate,The Ministry of Human Resources and Emiratisation does not grant work permits to any Emirate juvenile or expatriate resident under the age of 15 years. The goal is to take into account the age of the juvenile and his / her mental and physical development, As well as giving him the opportunity to complete his basic study.
II: Registration of the employer to obtain documents related to the juvenile
That juvenile even though he has the right to conclude the contract, but the law required the employer to verify all the data related to the him before employment. In order to drop responsibility from him, And this requires proving the age of the juvenile with a birth certificate as well as a certificate to prove his fitness for the work in addition to the written consent of the juvenile guardians, Where the statement of the juvenile or even the statement of his guardian that he is 15 years old or is healthy, is not taken unless with official documents certified by the competent health authorities, As stated in Article (21) which said:
“Before employing a child, an employer shall obtain the following documents and keep them in his personal file:
1. A birth certificate, or an official extract thereof, or age estimation certificate, to be issued by a competent medical officer and authenticated by the
competent health authorities.
2. A certificate of medical fitness for the required work issued by a competent
medical officer and duly authenticated.
3. A written consent from the child’s guardian or trustee.
The law further stipulates that the employer shall keep a special register of juveniles containing all the data related to them, and this record shall be kept with the documents of the event in addition to the contract of employment in a file related to the event at the place of work in observance of the inspection,
Article 22 the Labor Relations Regulation Law, states:
“The employer shall keep at the workplace a special register of children, showing each child’s name and age, full name of his guardian or trustee, the child’s place of residence and date of employment, and the job on which he is employed. “
III. Prohibition of the work of juveniles at certain hours of the night:
Article (23) of the Labor Relations Regulation Law stipulates that:
No child shall be made to work at night in an industrial enterprise. The term “at night” refers to a period of not less than twelve consecutive hours, including the period from 8 p.m. to 6 a.m
The clarity of the text of this article gives an idea of the legislator’s observance of the juvenile’s age and the weakness of his physical abilities, and this is reflected in the sense of responsibility enjoyed by the legislator, the work of the night for juveniles has its negative effects on the growth of the juvenile and mental and physical capabilities,
He is forced to miss his home and it separates him from the eyes of his family. On the other hand, the work of the juvenile at night, which lacks sufficient maturity, makes him more vulnerable by going away from work late, as well as the greater possibility of mixing bad companions.
IV. Prohibition of the employment of juveniles in work that is cumbersome, dangerous or harmful to health
Article (24) states that:
” No child shall be employed on any job that is hazardous or detrimental to health, as defined in a resolution by the Minister of Labor and Social Affairs, after consulting the concerned authorities. “
The employment of the worker – in general – in hazardous or burdensome business is one of the first aspects of the legislator, And all his concern was on the health and safety of the worker, the same attention the legislator gave to the health and safety of the juvenile, In addition to another point that did not escape the legislator’s mind, which is the young age of the juvenile and the weakness of his physical potential, the juvenile in any dangerous or arduous work will have a greater negative consequences more than the worker who has reached the age of majority so the law prohibits the employment of juveniles in hazardous, arduous or harmful work.
V. Prohibition of the operation of juveniles more than the working hours approved by law on them:
Article (25) mentioned:
” The maximum working hours for children shall be six a day, intercepted by one or more breaks for rest, food or prayer, which shall amount in aggregate to not less than a full hour. Such break(s) shall be so arranged that no child shall work for more than four successive hours. No child shall remain at the workplace for more than seven successive hours “
The above-mentioned article has set the maximum operating time of the juvenile , six hours a day, and also the maximum limit for running the event continuously for four hours Including the provision of a period or rest periods not less than a total of one hour, in addition to the prohibition of the law on the employer to assign the juvenile to work extra hours or run during rest days, and this is what ruled by Article (26), which said:
” Children shall under no circumstances be required to work overtime, or to remain at the workplace after their prescribed working hours, or be employed on a rest day. “
Thus, we have listed five legal restrictions approved by the law for the benefit of the juvenile, which are mandatory for the employer when operating any juvenile , In addition to other conditions such as that the license of the institution that will employ the juvenile is valid, as well as the payment of the required fees. And in case of violation of any of the restrictions approved by the law, the law has determined who is responsible for the penalty in article 34:
The following persons shall be held punitively responsible for observance of the provisions of Sections II and III of this Chapter:
1. Employers or their representatives.
2. A child’s guardian or trustee, a woman’s husband or guardian, or a minor woman’s trustee – who consents to the employment of children or women contrary to the provisions of this Law.
The second chapter deals with the employment of women, while the second chapter deals with the employment of juveniles. This article shows the criminal responsibility for the implementation of the provisions of the articles relating to the employment of juveniles primarily to the employer as well as to the guardian of the juvenile.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE