Women Labour Regulation In accordance with Federal Labor Law The recognition of the principle of equality between women and men did not prevent women from WhatsApp: +971555570005
Women Labour Regulation In accordance with Federal Labor Law No. 8 of 1980 and its amendments
The recognition of the principle of equality between women and men did not prevent women from taking into account the conditions of women in terms of femininity and motherhood, considering that femininity must take into account their physical nature, even psychological and social sensitivity of the environment, And as a mother, the issues of pregnancy, childbirth and the rights of the child must be taken into account..
Since the research in this regard is related to the restrictions on contracting, we refer some of the words mentioned to other research citizens in that they interfere In the effects of the contract not in its convening, Such as maternity leave and her right to a period of breastfeed her child. However, she may enter the contracting period from another side until proven in the form of a clause in the contract that deprives the worker of some of the rights granted by law to the worker, As well as in working hours that the law prohibits from operating in it, and its undertaking not to become pregnant during the validity of the employment contract, and to grant them a wage less than men in a similar position then the condition is canceled and the contract is valid.
The limitations of the advanced consideration that the law required to take into account the employment of women in the contracting stage, which are:
Constraints of dangerous, arduous or harmful work, either healthily or morally, and restricted to work during the night,And the risk of unequal pay with men in a similar work and the rejection of every condition that opposes the requirements of femininity and motherhood according to the following statement:
1: Constraints of dangerous, arduous or harmful acts, whether in health or morals:
Article 29 of the Law on the Regulation of Federal Labor Relations states:
” No women shall be employed on any job that is hazardous, arduous or physically or morally detrimental or on any other work as may be specified in a resolution by the Minister of Labor and Social Affairs, after consulting the concerned authorities ”
The Ministerial Decision No. 6/1 of 1981, concerning the identification of hazardous, arduous, or harmful work, whether healthily or morally, in which women may not be employed, in it’s first Article, And the text of the article: “Women may not be employed in the following activities:
1- Working underground in mines, quarries, and all work related to the excavation of metals and
2- Working at furnaces prepared for incinerating, refining, or maturing metalling substances.
3- Industry of explosives and related works.
4- Welding with oxygen, acetylene and electricity.
5- Melting and maturing of glass.
6- Silvering mirrors using mercury.
7- Painting using Duco (auto-paint).
8- Treatment, preparation and reduction of ash containing lead and extracting silver from lead.
9- Tin industry and the mineral compounds containing more than 10% lead.
10- Manufacturing lead monoxide (golden spirit) or yellow lead oxide, lead dioxide
(sulphonamides), lead carbonates, orange lead oxide, and lead sulphates, chromate, and
11- Mixing and making paste in the manufacture or repair electric batteries.
12- Cleaning the workshops where works mentioned in items (8, 10, and 11) take place.
13- Managing or monitoring driving machinery.
14- Repairing or cleaning driving machinery during operation.
15- Manufacturing asphalt.
16- Working at tanneries.
17- Working at fertilizers warehouses that are extracted from animal substances, feces or blood.
18- Skinning, cutting and scalding animals, melting their fats.
19- Manufacturing rubber.
20- Loading and unloading cargo in docks, platforms, ports and warehouses.
21- Manufacturing coal from animal bones, with the exception of sifting bones before burning.
22- Working at bars.
In our view, the actions contained in the ministerial resolution were not answered by way of a ban, and as we are presented with explanations in the prohibited acts of business,
Preventing the employment of women in dangerous, arduous, or harmful work, whether in health or moral matters Will serve as a legal restriction when contracting,
By preventing the conclusion of a contract of employment with women to be replaced by a work described in one of the restrictions mentioned and may constitute a breach in the period of validity of the contract of employment when the contract was concluded for non-hazardous work, for example, and then employer transfers the working woman to a dangerous work.
It must be borne in mind that the risk that occurs during the validity of the contract may be temporary, as in the prohibition of the operation of pregnant women taking radiological images in hospitals and medical clinics in the interest of the fetus.
2: Restricting on working hours at night:
Article 27 of the Federal Labor Relations Act stipulates:
“No women shall be required to work at night. The term “at night” refers to a period of not less than eleven successive hours, including the period from 10 p.m. to 7 a.m.”
The hours of the night shall be determined and returned to the absolute night. In accordance with this observance, the work shall be carried out after the time of the arrival of Magrib until ten o’clock in the evening, even if it is night.
The hours mentioned above were very considered , including that working in the hours mentioned therein is difficult for them, and opposition to the rights of marriage and family And opposition to the social environment in Muslim and Arab countries, as well as the appearance of the prohibition of aggression in those hours.
Women may, however, be employed in such hours, but as an exception to the law, not an agreement, taking into account that the exception is either temporary or based on the height of the prohibition. Article 28:
The prohibition of night work for women shall not apply in the following circumstances:
1. Where work in the firm is disrupted by a force majeure.
2. Executive managerial and technical staff.
3. Work in such health services and other business as may be specified in a resolution by the Minister of Labor and Social Affairs, if the female worker is not normally engaged in manual work.
It is to be implemented that the employer has an obligation to transfer women working in the said hours to take into account the protection that working women deserve.
3: Prohibition of unequal pay:
Article 32 of the Law on the Regulation of Federal Labor Relations mentioned:
“A female wage shall be equal to that of a male if she performs the same work.”
This provision is based on the right of equality between women in men , was awarded less than the salary of men when the work is one or similar violation of this principle, the prevention of observance of the rule of principle,It is a duty of care at the national and international levels.
4: Prohibition of conditions that oppose the feminization and motherhood:
Of the natural rights of women to be a wife and mother, as well as the right to get a job opportunity with pay was the effects of combining the two rights to get a maternity leave, The post-natal period, when required, and two statutory periods devoted to nursing her infant and maternity leave, If the period of breastfeeding is replaced by the rights of the working mother in the effects of the contract,
However, they may constitute a limitation in the contract period when the contract expressly or implicitly stipulates that the worker shall not be pregnant for the duration of the contract or not to enjoy the two lactation periods., Such a requirement is against the law, A legal restriction is prescribed on the employer’s decision to refrain from listing any breach of the law.
With regard to the right of working women maternity leave , article 30 of the law stipulates:
“A female worker shall be entitled to maternity leave with full pay for a period of forty five days, including both pre and post natal periods, provided that she has completed not less than one year of continuous service with her employer. A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay.
A female worker who has exhausted her maternity leave may be absent from work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work. A medical certificate issued by a duly authorized medical institution or authenticated by the competent health authority confirming that the illness is a result of pregnancy or delivery shall document such illness. The leave provided for in the preceding two paragraphs shall not be deducted from other leave periods. ”
With regard to breastfeeding , article 31 of the law states:
” During the 18 months following her delivery, a female worker nursing her child shall, in addition to any prescribed rest period, be entitled to two additional breaks each day for this purpose, neither of which shall exceed half an hour. These two additional breaks shall be considered as part of the working hours and shall not entail any reduction of wage”
The right to breastfeeding as prescribed for the benefit of the worker for the exercise of her motherhood is a prescribed right of the infant child, in order to preserve his / her health, both organic and psychological, Which was decided by the law in the first year of the baby’s age in recognition of the necessary time needed by the baby in the protection of his health and membership of the psychological through direct contact with his mother to breastfeed him.
Based on the above, we note that the UAE Labor Law has elevated the status of women to men and prohibits them from some actions that are not commensurate with their femininity and motherhood while all their rights are preserved in works similar to those of men.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE