Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 138) sur l'âge minimum, 1973 - Emirats arabes unis (Ratification: 1998)

Article 2, paragraph 1, of the Convention. 1. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee noted that section 3 of Federal Law No. 8 of 1980 (Labour Code), as amended by Federal Law No. 24 of 1981, excludes from its scope of application domestic servants and employees engaged in agriculture or grazing of animals. The Committee also noted the Government’s indication that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years and that work permits may not be granted to domestic workers under the age of 18 years. It further noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pastures have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. The Committee requested the Government to indicate which minimum-age provisions apply to domestic servants and employees engaged in agriculture or grazing of animals under Federal Act No. 5 of 1985 and the relevant legislation. The Committee notes the extracts of Federal Act No. 5 of 1985 on civil relations supplied with the Government’s report. The Committee notes that these provisions pertain to labour contracts, and that section 923 specifies that these sections shall not apply to workers who are regulated by the Labour Code. However, the Committee observes that the sections included in the Government’s report do not contain provisions relating to the minimum age applicable in the sectors excluded by the Labour Code. The Committee therefore requests the Government to indicate the provisions in United Arab Emirates legislation that establish the minimum age for domestic work and for work in agriculture or grazing of animals. It also requests the Government to provide a copy of these provisions.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee previously noted the Government’s indication that primary education, which lasts until the age of 13, is compulsory for all United Arab Emirates citizens, though noted that this was below the minimum age of employment of 15 years of age. The Committee expressed the view that it is desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146, recalling that if compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. It requested the Government to indicate clearly the age of completion of compulsory schooling under the relevant legislation. It also requested the Government to provide updated statistical information on school attendance and on school enrolment and drop-out rates, especially with regard to children between the ages of 13 to 15 years. The Committee notes the information in the Government’s report on the educational system in the United Arab Emirates. The Committee notes that, pursuant to Federal Law No. 11 of 1972 and Ministerial Order No. 963 of 2002, basic education (cycles one and two) lasts nine years (grades 1–9) and is compulsory. The Committee also notes the Government’s indication that children generally start the basic phase of education at the age of 6 and complete it at the age of 15. The Government also indicates that secondary education, which is not compulsory, lasts for three years (from grades 10–12). The Committee further notes the information in the Government’s report that the rate of completion of basic education is 98.6 per cent of those registered (99.5 per cent girls and 97.7 per cent boys).

Article 9, paragraph 1. Penalties. The Committee previously noted the Government’s indication that a draft amendment to section 181 of the Labour Code contained additional details on penalties. It requested the Government to provide information on any progress towards the adoption of the draft amended section 181 of the Labour Code. The Committee notes the information in the Government’s report that Federal Law No. 8/2007 amended several provisions of Federal Law No. 8/1980. The Committee notes that, pursuant to section 181 of the Labour Code, as amended, any person who violates the obligatory provisions of the Code shall be subject to a minimum fine of 10,000 dirhams (approximately US$2,722) and/or sentenced to imprisonment, except in the case of a harsher penalty provided for in another law. Section 182 of the Labour Code, as amended, states that a harsher punishment shall be proportionate to the number of workers against whom the violation is committed, up to a maximum of 5 million dirhams (approximately US$1,361,211). The Committee also notes that section 183 states that where the contravention is committed for a second time within a year, the penalty may be doubled, and that, subject to sections 34, 41 and 126 of the Penal Code, penal proceedings may be filed against the manager or owner of an enterprise.

Article 9, paragraph 3. Registers of employment. The Committee previously noted that section 22 of the Labour Code requires the employer to keep a register of young persons. The Committee requested the Government to indicate whether registers of young persons, are kept and used in practice. The Committee notes the Government’s statement that employers are required to keep a special register on young persons in the workplace, but that in practice, this is not necessary as there are no young persons in the workplace.

Parts III and V of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted the Government’s indication that, according to labour inspection reports, no large numbers of young citizens of the United Arab Emirates are employed in the private sector. With regard to non-citizens, the existing legislation does not authorize the employment of persons under 18 years of age from abroad. The Committee also noted the Government’s statement that amendments to the Labour Code would soon be adopted, which would help to establish a full system of information on the labour market, including information on young persons.

The Committee notes the information in the Government’s report that labour inspection reports of the past three years indicate that there were no reports of young persons employed in the private sector. The Committee also notes the Government’s statement that this is due to the high per capita income of the country (so that families do not push their children into the labour market) and the laws on compulsory education. The Committee further notes that Ministerial Order No. 55 of 1989 prohibits the issuing of work permits or cards to persons under the age of 18, and requires that all requests for a work permit include a copy of a birth certificate and the last school certificate obtained.