Youth employment regulation
The youth of a nation is seen as the future of the nation and therefore it is essential to point them in the right directions and protect them from exploitation during work. Work according to the law1 is defined as human effort, whether intellectual, technical or physical, carried out in exchange for a salary that can be permanent or temporary. Federal law does not. 8 of 1980 on the regulation of labor relations (hereinafter “the law”) establishes special provisions for the nation’s youth. Article 20 to Article 26 of the law refers to the regulation of the working conditions of a young person and this article evaluates and discusses them.
First, it is important to understand who falls into the definition of the term “youth.” The term is not defined in this law and therefore the general meaning of the term should be examined. In general terms, the term “youth” means the phase of life between childhood and adulthood. The age up to which a person is said to be in childhood is not mentioned, but article 86 of Federal Law no. 5 of 1985 relating to the United Arab Emirates State Civil Transactions Law, a person enters the age of discretion at the age of 7 and furthermore Article 85 of the same law establishes that a person in the United Arab Emirates he comes of age at 21 years of age. old. Therefore, considering that the age under 7 is childhood and the age of 21 and over as adulthood, the age of a young person should be between 7 and 21 years.
This article deals with the regulations for the employment of young people. Article 20 of the law establishes a minimum age for a young person to be employed, and establishes that a young person of either sex must have completed a minimum of 15 years of age to be employed. Therefore, the youth employment regulations are applicable to young people between 15 and 21 years of age. Employing a young person under the age of 15 in the state of the United Arab Emirates would be illegal. Therefore, article 21 of the law establishes that the employer must take measures to confirm the age of the young person before hiring him. The employer is supposed to keep a personal file for the young person and has an obligation to keep the documents proving the age of the young person in the file. The following documents should be kept in the youth’s personal file:
1. A birth certificate or an official extract thereof, or an age estimate certificate issued by a competent doctor and authenticated by the competent health authorities. (for proof and verification of the fact that the young person is of working age)
2. A certificate of physical fitness for the required job issued by a competent and authenticated physician.
3. A written consent of the youth’s guardian or trustee.
In addition, the law provides for the maintenance of a special register that includes essential information about young people in the workplace by the Employer. Said record must contain information on the name and age of the young person, the full name of the guardian or trustee of the same, the place of residence, the date of employment and the job for which the young person works. The date of employment is to confirm that the youth when employed was of working age. The job role of young people should be specified, as young people are only allowed to do jobs that are considered safe for them. Article 24 of the law establishes that the employment of young people in dangerous, strenuous conditions or those that are detrimental to the health conditions of young people is prohibited. The circumstances and the environment that are considered dangerous and harmful to the health of young people are determined by virtue of a decision issued by the Minister of Labor and Social Affairs after consulting the competent authorities in this regard. Only the physical health of the young is taken into consideration here, but with an amendment, the provision to safeguard the mind and mental health should also be added in the current law, as youth is an age when the mind prints very quickly and easily and therefore it is essential to keep you away from unethical, immoral and illegal activities.
In addition, the law establishes the duration during which a young person can work in terms of hours and number of hours. Article 23 establishes that a young person can only be employed during the day, but this provision is limited to employment in industrial companies. Therefore, there is no restriction on the employment of youth overnight in non-industrial workplaces. It also establishes the meaning of the word “night” as a period of at least twelve consecutive hours including the period from 8 pm to 6 am Article 25 of the law limits the maximum working day to 6 hours a day for young people . These work hours would also include rest intervals, meals, or prayers. The intervals together should be a minimum of one hour and can be more than that but never less than that. In addition, the interval (s) must be set in such a way that the youth works no more than four consecutive hours and the youth must not remain in the workplace for more than seven consecutive hours. In addition, the law has also listed provisions in itself against charging youth overtime or retaining youth in the workplace after working hours or making youth work rest days, which include Fridays and days off. holidays.
Sometimes it is necessary for development and rehabilitation purposes that young people be made to work longer hours or that they attend work on days off. For such cases, the law establishes a special provision for philanthropic and educational institutions, which may be exempt from the provisions mentioned above if the Ministry of Labor and Social Affairs deems it appropriate. This is not a rule, but only a discretionary power of the Ministry of Labor and Social Affairs, which will take into consideration all the necessary facts and circumstances before granting any exemption.
These provisions must be taken into account by the employers, their representatives, guardians and trustees of the youth. As article 34 of the law provides that they are and will be partially responsible for following up on the foregoing, the provisions of the law are discussed.
1 Federal Law No. 8 of 1980 on the regulation of labor relations