The Womens Rights under the UAE Labor Law

The Womens Rights under the UAE Labor Law

The Women’s Rights under the UAE Labor Law

Womens Rights UAE Labor Law

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The UAE Labor Law No. 8 of 1980, of which certain articles were amended by the Federal Law No. 12 of 1986, was supporting the ambitions of the society and the requirements of the labor market in a country that is witnessing a great economic and developmental prosperity such as the UAE, where the law adhered to determine the rights and the obligations of the employee as well as the employer.  That enables the ideal investment of the employee `s energy and the capital of the employer. This law guaranteed privacy to women because of their structural and social differences from men, that`s why the third section of the said law was devoted under the address ” women`s employment”

The Article No. 27 of the above-mentioned law states that “The women shall not operate at night, the word night means duration not less than eleven constant hours including the duration between 10 P.M. and 7 A.M“.

The explicitly of the aforementioned Article in not allowing the women`s work at night is giving us the idea of how much the law respects woman and her rights to be with her family, caring and fulfilling their obligations. Also it gives us the idea of how much the law is compatible with the nature of the society and its customs.

However the Article No. 27 has its exceptions, so that the legislator has enacted Article No. 28 that excluded certain cases from preventing the women`s work at night which stated the following cases;

1. Cases in which the work in the establishment ceases to be a force majeure.

1. Working in administrative and technical centers with responsibility.

.

1. Working in health services and other business, which shall be determined by a resolution of the Minister of Labor and Social Affairs, if the working woman does not normally perform work. .

The content of Article 28 is considered logical and necessary for the proper functioning of certain fields. For example, women working in the diplomatic field do not have the right to determine the time of work, as well as working in the health sector in hospitals.

In addition, the law prohibits the employment of women in dangerous and arduous occupations such as working in heavy industries or harmful work such as work in the chemicals or mines sector. Article No. 29 states that :” Prohibition of the employment of women in dangerous, arduous or harmful work, either morally or morally, as well as in other business, which shall be determined by a decision of the Minister of Labor and Social Affairs after consultation with the competent authorities“

With regard to pregnancy, childbirth and health consequences, the law did not ignore this and devoted Article 30 for it, which considered the the privacy of working women, stated that:”

The worker shall be entitled to has a leave for a full remuneration of 45 days, including the period preceding giving birth and thereafter, provided that the period of her continuous service for the employer is not less than one year, and the maternity leave shall be half  if the worker did not spent the said period. The worker shall not return to work without getting paid for a maximum of 100 continuous or intermittent days if the downtime is due to a disease that does not allow her to return to her work. The illness shall be confirmed by a medical certificate issued by the medical authority appointed by the competent health authority  The leave provided for in the preceding two paragraphs shall not be counted as other leaves.

It is clear that the explicitly of this article how the law awarded  the utmost care to women and respect for their motherhood, and even nobility, women do not lose their work when giving birth.  However they are entitled to maternity leave for forty-five days, and have the right break from work thereafter for a period of 100 days if the women got one of the diseases that prevent them from Returning back to work.

In the same manner, Article 31 states that the mother worker as well as the rest period two additional periods to breastfeed her child and shall be calculated from working hours without reduction in remuneration: ” During the 12 months following the date of birth, the worker who breastfeeds her child, as well as the prescribed rest period, shall have the right to two more daily periods for this purpose, each of which shall not exceed half an hour. These two additional periods of work are calculated and do not result in any reduction of her remuneration”.

One of the most important points emphasized by the law is the equality of women and men when they do the same work. Article 32 states the following:” Women shall be awarded the same remuneration as men if they do the same work“

This indicates the extent of the civilizational development achieved by the law, which results in motivating women to take their place in their work and occupy positions they deserve. It also results in the labor market being augmented by more young female energies.

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“The Womens Rights under the UAE Labor Law”