UNITED ARAB EMIRATES

Federal Law No 8
Year 1980
Re

REGULATION OF LABOUR RELATIONS
AND ITS AMENDMENTS
AND

ORDER ISSUED IN

IMPLEMENTATION

THEREOF.

Eighth Edition
August 2000

LIST OF CONTENTS

• PART I : DEFINITIONS AND GENERAL PROVISIONS
• PART II : EMPLOYMENT OF WORKERS, YOUNG PERSONS AND WOMEN
• PART III : CONTRACT OF EMPLOYMENT RECORDS AND REMUNERATIONS
• PART IV : HOURS OF WORK AND LEAVE
• PART V : INDUSTRIAL SAFETY, PREVENTIVE MEASURES, HEALTH AND SOCIAL CARE FOR WORKERS
• PART VI : DISCIPLINARY RULES
• PART VII : TERMINATION OF CONTRACTS OF EMPLOYMENT SEVERANCE PAY
• PART VIII : COMPENSATION IN RESPECT OF EMPLOYMENT ACCIDENTS AND OCCUPATIONAL DISEASES
• PART IX : COLLECTIVE LABOUR DISPUTES
• PART X : LABOUR INSPECTION
• PART XI : PENALTIES
• PART XII : CONCLUDING PROVISIONS
• SCHEDULE-1
• SCHEDULE-2
• SCHEDULE-3

UNITED ARAB EMIRATES

MINISTRY OF LABOUR AND SOCIAL AFFAIRS

FEDERAL LAW NO 8 OF THE YEAR 1980

Law to Regulate Labour Relations

(Al Jarida Al-Rasmiya April 1980. No. 79 Page 26)

WE SAYED BIN SULTAN AL NAHYAN, PRESIDENT OF THE UNITED ARAB EMIRATES IN ACCORDANCE WITH THE PROVISIONS OF THE PROVISIONAL CONSTITUTIONS.

LAW NO. 1 Of The Year 1972 Relating To The Functions of Ministers And the Laws Issued In Amendments Thereof, And After Submission Of The Minister Of Labour and Social Affairs And Approval Of The Council of Ministers. The Federal National Council and the Supreme Council..

BE IT ENACTED THE FOLLOWING LAW :

PART I

DEFINITIONS AND GENERAL PROVISIONS

1. Definitions

Article 1

For the purpose of the provisions of this law the following terms and expressions shall have the meanings hereby assigned to them, unless the context requires otherwise:

"Employer": Any person or body corporate employing one or more workers in return for remuneration of any kind;

"Workers": Any male or female person receiving any kind of remuneration for work he or she performs in the service of an employer and under his management or control, even if he or she is out of the employer's sight. This term also includes officials and employees who are in the employer's service and are governed by the provisions of this Law;

"Establishment": Any economic, technical, industrial or commercial unit in which employees are employed and whose objective is to produce or market commodities or to provide services of any kind;.

"Contract of employment" :

Any agreement, whether for a limited or an unlimited period concluded between an employer and an employee, whereby the latter undertakes to work in the employer's service, and under his management and control, in return for remuneration, the employer undertakes to pay;

"Work":

Any human effort, whether intellectual, technical or physical, exerted in return for remuneration, irrespective of whether such work is permanent or temporary;

"Temporary Work":

The nature of whose execution on completion entails a limited period.

"Agricultural work" :

Work involving the ploughing and cultivation of the soil, the harvesting of crops of any kind and the breeding of cattle, poultry, silkworms, bees and the line ;

"Continuous service" :

An uninterrupted service with the same employer or his legal successor from the date of commencement of the service;.

"Remuneration" :

All payments made to the worker on a yearly, monthly, weekly, daily, hourly, piece work, or production or commission basis, in return for the work he performs under the contract of employment, whether such payments are made in cash or in kind. Remuneration shall include the cost of living allowance. It shall also

include any grant given to the worker as a reward for his honesty or efficiency if such amounts are provided for in the contract of employment or in the internal regulations of the establishment or have been granted by custom or common practice to such an extent that the workers of the establishment regard them as part of their remuneration and not as donations ;

"Basic Wage" :

Is the wage specified in the labour contract during its validity between the two parties. Allowances of whatever kind are not included in this wage.

"Employment injury" :

Any of the occupational diseases listed in the schedule attached to this Law or any other injury arising from the worker's work and sustained by the worker while performing and as a result of such work. Any accident sustained by the worker on his way to or back from his work shall be considered an employment injury, on condition that the going or the returning journey is made without any break, lingering or diversion from the normal route;.

"Labour department" :

The branches of the Ministry of Labour and Social Affairs which are in charge for labour affairs in the member emirates of the Federation.

2. General Provisions

Article 2

Arabic shall be the language to be used in all records, contracts, files,statements etc., provided for in this Law or in any orders or regulations made thereunder. Arabic shall also be used in the instructions and circulars issued to employees by their employer. Where a foreign language is used by the employer in addition to Arabic, the Arabic version shall be regarded as authoritative.

Article 3

The provisions of this Law shall not apply to the following categories :

1. officials, employees and workers of the Federal Government,governmental departments of the Member Emirates of the State,officials, employees and workers of the municipalities and other officials, employees and workers employed by public corporations and Federal and local public institutions, and also the officials, employees and workers who are appointed against Federal and local Governmental Projects.
2. members of the armed forces police and security;
3. domestic servants employed in private residences and the like ;
4. workers employed in agricultural or grazing of animals, other than persons working in agricultural establishments which process their own products and those who are permanently employed to operate or repair mechanical equipment required for agricultural work.

Article 4

Any amounts of money payable to an employee or his beneficiaries under this Law shall constitute a first charge on all the employer's moveable and immovable property and shall be paid immediately after any legal expenses,sums due to the public treasury and Sharia's alimony awarded under Islamic Law to the wife and children.

Article 5

Cases brought by employees or their beneficiaries under this Law shall be exempt from court fees at all stages of litigation and end execution and shall be heard in an expeditious manner. Where the court does not accept the claim or dismisses the case, it may order the claimant to pay all or part of the expenses..

Article 6

Without prejudice to the provisions concerning collective labour disputes stated in this Law, if the employer or the worker or any beneficiary thereof raised a claim concerning.any of the rights accruing to any of them according to the provisions of this Law,he shall submit a request thereof to the concerned Labour Department. This Department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably.If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving the request,fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it.In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to court after the lapse of one year from the date on which such entitlement became due, and no claim shall be admitted if the procedure stated in this Article are not adhered to.

Article 7

Any stipulations contrary to the provision of this Law, even it if was made prior to its commencement, shall be null and void unless they are more advantageous to the worker.

Article 8

The periods and dates prescribed in this Law shall be calculated according to the Gregorian calendar. For the purpose of the provisions of this Law a calendar year shall be deemed to consist 365 days, and a month of 30 days, unless otherwise specified in contract of employment..

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PART II

EMPLOYMENT OF WORKERS, YOUNG PERSONS AND WOMEN

CHAPTER I

Employment of Workers

Article 9

Work shall be an inherent right of nationals of the United Arab Emirates. Non-nationals may not perform work within the State otherwise than subject to the conditions specified in this Law and the orders made thereunder.

Article 10

Where national employees are not available, preference in employment shall be given to :-

1. Arab workers belonging to an Arab country by nationality ;
2. Workers of other nationalities.

Article 11

There shall be established within the labour department a section for the employment of nationals, which shall be competent for.

1. Procuring employment opportunities suitable for nationals;
2. Assisting employers in meeting requirements of national workers when needed;
3. Register unemployed national workers and national workers seeking better jobs in a special register. Such registration shall be made at the worker's own request and every registered worker shall be issued, free of charge, with a certificate of registration on the day application is submitted. A registration certificate shall be given a serial number and shall contain the applicant's name, age, place of residence, occupation, qualification and past experience.

Article 12

Employers may recruit any unemployed nationals and shall be required in this event to notify the labour department in writing within 15 days of their recruitment. Such notification shall include the employee's name and age, the date of his entering employment, the remuneration stipulated, the type of work to which he is assigned and the number of his certificate of registration.

Article 13

No non-national may not be recruited for work in the United Arab Emirates without the prior approval of the labour department and without first obtaining a work permit in accordance with the procedures and regulations laid down by the Ministry of Labour and Social Affairs.

Such permit shall not be granted unless the following conditions are fulfilled ;

1. that the worker possesses the professional competence or educational qualification which the country is in need of;
2. that the worker has lawfully entered the country and satisfies the conditions prescribed in the residence regulations in force in the State.

Article 14

The labour department may not give its approval to the recruitment of non-nationals registered with the employment section, there are no unemployed persons capable of performing the work required..

Article 15

The Ministry of Labour and Social Affairs may cancel a work permit granted to a non-national

in the following cases :

1. if the worker continues to be unemployed for more than three consecutive months;
2. if the employee fails to fulfill one or more of the conditions on the basis of which the permit was granted;
3. if it is satisfied that a particular national is qualified to replace the worker, in which case the worker shall remain in his job until the expiry date of his contract of employment or the expiry of his work permit, whichever is the earlier.

Article 16

There shall be be established within the Ministry of Labour and Social Affairs a special section for the employment of non-nationals; the functions of this section shall be regulated by ministerial order.

Article 17

It shall not be permissible for any person or body corporate to operate as an agent for the recruitment or supply of non-national workers unless he or it is licensed for the purpose; such license may only be issued to nationals and in cases where its issue is considered necessary; it shall then be issued by order of the Minister of Labour and Social Affairs.A license shall be valid for a renewable period of one year, and the licensee shall be subject to the Ministry's supervision and control. No license shall be granted if a placement office attached to the Ministry or to an authority approved by the Ministry is already operating in the area and is able to act as an intermediary in the supply of labour.

Article 18.

No licensed employment agent or supplier of labour shall demand, accept from any person, either before or after his recruitment, any commission or material reward in return for arranging such recruitment or charge him for any expenses thereby incurred, except as may be ordered or approved by the Ministry of Labour and Social affairs. Person supplied by an employment agent or supplier of labour shall, immediately upon entering employment, be regarded as employees of that employer and shall have all the rights of the employees of the establishment in which they are employed ; relations between them and the employer shall be direct and without any intervention on the part of the employment agent, whose function and relationships with them shall cease as soon as they are introduced to and employed by the employer.

Article 19

The Minister of Labour and Social Affairs shall by order prescribe the rules, procedures and forms to be complied with or used by private and public placement offices, the nature of the co-operation and co-ordination between the various offices of such activities and the conditions to be satisfied by licenses for the establishment of private placement offices functioning as employment agents of suppliers of labour. The Minister shall also make orders prescribing lists of occupational classifications, which shall serve as a basis for placement operations..

CHAPTER II

Employment of Young Persons

Article 20

It shall not be lawful to employ a young person of either sex before he or she reaches 15 years of age.

Article 21

An employer shall, before employing a young person, obtain the following documents from him or her and keep them in his or her personal file :

1. a birth certificate, or an official copy of it, or a certificate estimating the young person's age, to be issued by a competent medical officer and endorsed by the competent health authorities;
2. a certificate of medical fitness for the required work to be issued by a competent medical officer and duly endorsed;
3. written consent from the young person's guardian or trustee.

Article 22

The employer shall keep a special register of young persons at the workplace, showing each young person's name and age, the full name of his or her guardian or trustee, the young person's place of residence and date of recruitment, and the job on which he or she is employed..

Article 23

No young person shall be employed at night in an industrial undertaking. The term "night" means a period of not less than 12 consecutive hours, including the period from 8 pm to 6 am .

Article 24

No young person shall be employed on any job that is dangerous, arduous or detrimental to health as defined by order of the Minister of Labour and Social Affairs after consulting the competent authorities.

Article 25

The maximum actual hours of work in the case of a young person shall be six a day, and the hours of work shall include one or more breaks for rest, food or prayer, which shall amount in aggregate to not less than one hour. Such break or breaks shall be so arranged that no young person works for more than four consecutive hours. No young person shall remain at the workplace for more than seven consecutive hours.

Article 26

No young person shall be required to work overtime in any circumstances or to remain at the workplace after the times prescribed for him or her, or be employed on a rest day..

CHAPTER III

EMPLOYMENT OF WOMEN

Article 27

No women shall be employed at night. The term "night" means a period of not less than 11 consecutive hours, including the period from 10 pm to 7 am .

Article 28

The prohibition of the employment of women at night shall not apply in the following cases :

1. cases in which work in the establishment ceases owing to force majeure;
2. work in responsible administrative and technical posts ;
3. work in such health services and other jobs as may be specified by order of the Minister of Labour and Social Affairs, if the woman worker is not normally engaged in manual work.

Article 29

No women shall be employed on any job that is dangerous, arduous or detrimental to health or morals or on any other operations specified by order of the Minister of Labour and Social Affairs after consulting the competent authorities.

Article 30

A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer's service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.On the expiry of her maternity leave a female worker may be absent from her 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 and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women's work or confinement.. The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave.

Article 31

During the 18 months following her confinement, a female worker nursing her child shall, in addition to any rescribed 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 reckoned as part of the hours of work and shall not involve any reduction of remuneration.

Article 32

A woman's remuneration shall be equal to that of a man if she performs the same work.

CHAPTER IV

Common Provisions as to the Employment of Young Persons and Women

Article 33

The minister of Labour and Social Affairs may by order exempt charitable and educational institutions from all or certain of the provisions laid down in the preceding two Chapters of this part if the purpose of such institution is to provide vocational training or instruction for young persons or women and provided that the by-laws of such institutions enact the nature of the operations performed and the hours and conditions of work observed are consistent with the actual capacity of the young persons or women concerned.

Article 34

The following persons shall incur criminal liability in respect of the enforcement of the provisions of Chapters II and III of this part :

1. employers or their representatives ;
2. the guardians or trustees of young persons and the husbands, guardians or trustees of women under age if they consent to the employment of the young persons or women contrary to the provisions of this Law..

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PART III

CONTRACTS OF EMPLOYMENT, RECORDS AND REMUNERATION

CHAPTER I

Individual Contracts of Employment

Article 35

Subject to the provisions of Article 2 a contract of employment shall be written in two copies, one being delivered to the worker and the other to the employer. In the absence of written contract, adequate proof of its terms may be established by any means of evidence.

Article 36

A contract of employment shall more particularly specify the date of its conclusion, the date on which work is to begin, the nature and the place of the work, the duration of the contract (if it is for a limited period) and the amount of the remuneration.

Article 37

A worker may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay. Provided that a worker shall not be engaged on probation more than once in the service of any one employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service.

Article 38

A contract of employment may be for an unlimited or for a limited period. If it is for a limited period, this shall not exceed four years and the contract may be renewed by mutual agreement between the parties for a similar or a shorter period on one or more occasions. Where a contract is renewed, the further period or periods shall be deemed to be an extension of the original period and shall be added there to when calculating the worker's total period of service.

Article 39.

A contract of employment shall be deemed to be a contract for an unlimited period effective from the date of its commencement in any of the following circumstances :

1. if it is not made in writing ;
2. if it is concluded for an unlimited period ;
3. if it is made in writing and concluded for a limited period and both parties continue to perform it after the expiry of the period specified without a written agreement between them ;
4. if it is concluded for the execution of a specific work for which no period is fixed, due to its nature, is likely to be renewed, and the contract continues after completion of the work agreed upon.

Article 40

Where the two parties continue to perform the contract, without an expressed agreement, after the expiry of its initial period or after the completion of the work agreed upon, the original contract shall be deemed to have been tacitly extended on the same conditions as those already contained therein, other than the condition respecting its duration.

Article 41

Where an employer delegates the performance of any of the basic operations or any part thereof to another party, the latter shall be solely liable for any entitlements arising out of such subsidiary work in accordance with the provisions of this Law..

CHAPTER II

Vocational Training Contract

Article 42

A vocational training contract is a contract whereby the owner of an establishment undertakes to provide full vocational training consistent with the principles of the vocation to another person who is at least 12 years of age and who undertakes to work for the employer during the period of, on the terms, and for the period agreed to. The training contract shall be in writing, failing which it shall be null and void. The employer or whoever gives the training shall be suitably qualified and experienced in the vocation or trade in which the training is to be provided. In addition, the technical conditions and facilities necessary for teaching the vocation or trade shall be available in the establishment itself.

Article 43

A trainee who has reached full legal age shall conclude the training contract himself. A person who has not attained the age of 18 years may not conclude a training contract directly with an employer, but shall be represented by his natural guardian or legal trustee or whoever has charge of his affairs.

Article 44

1. A training contract shall be in at least three copies, one of which shall be deposited with the competent labour department for registration and endorsement. Each of the parties shall retain an endorsed copy.
2. If a training contract submitted for registration contains any provision contrary to this Law or the regulations or orders made thereunder, the competent labour department may require the contracting parties to delete such violation.
3. Where the competent labour department does not make any comment or objection within one month, reckoned from the date on which a training contract is deposited with it, the contract shall constructively be deemed to have been endorsed with effect from the date of its deposit.

Article 45

A training contract shall contain particulars of the identities of the contracting parties or their representatives, as the case may be, and particular of the procedures, duration and phases of the training and the vocation forming the subject of the training..

Article 46

An employer shall grant a trainee sufficient time to acquire his theoretical education and shall throughout the period fixed in the contract train him in the principles of the occupation and the skills for which he was recruited. The Employer shall grant the trainee a certificate on completion of each phase of the training in accordance with the provisions laid down in this Chapter and also a final certificate on completion of the training period. Such certificates shall require authentication by the competent labour department in accordance with the rules and procedures laid down by order of the Minister of Labour and Social Affairs.

Article 47

A worker may undertake in the training contract that, on the completion of his training, he will work for the employer, or in the establishment where he has been trained, for a period not exceeding twice the period of training. The employer may undertake in the contract to employ the trainee on the completion of the latter's period of training.

Article 48

A training contract shall specify the remuneration payable during each phase. The remuneration payable in the final phase shall not be less than the minimum prescribed for similar work and shall not in any circumstances whatsoever be fixed on a piece-rate or output basis.

Article 49

A trainee who is under 18 years of age shall, before his training starts, undergo a medical examination to ascertain his state of health and ability to carry out the work involved in the vocation for which he wishes to be trained. If such vocation implies special physical and health requirements, the medical report shall state that the candidate for training meets such requirements, both physical and psychological.

Article 50

The minister of Labour and Social Affairs may by order regulate the training to be given in vocation and trades requiring training to be given in vocation and trades requiring training, prescribed the period of training in such vocation and trades, fix the theoretical and practical programmes and lay down rules for the examinations and certificates to be given on the completion of the training period..

The Minister's orders in this respect shall be made after consulting the public institutions concerned. The Minister may in all cases appoint one or more experts in the vocation or trade in which the training is to be regulated to advise him on this matter.

Article 51

The Minister of Labour and Social Affairs may order the establishment of vocational training centres either independently or in co-operation with national, foreign or international vocational or charitable organizations. The order establishing a centre shall specify the vocation for which training is to be provided, the conditions for admissions to the center, the programmes of theoretical and practical study and the rules governing vocational examinations and certificates, and shall contain any other provisions necessary for the proper operation of the centre.

Article 52

The Minister of Labour and Social Affairs may require such establishments, companies, owners of undertakings, vocations and trades as he may specify to accept for employment a specified number or percentage of trained nationals, subject to such terms and conditions, and for such periods, as he may specify. The Minister may also require such establishments, companies, owners of undertakings, vocations and trades as he may specify to accept for purpose of training and completion of practical experience a specified number or percentage of the students of industrial and vocational institutes and centres, subject to such terms and conditions, and for such periods, as may be agreed with the management of the establishments concerned.

CHAPTER III

Records and Files

Article 53

Every employer employing five or more workers shall –

1. Keep a special file for each worker, showing his name, trade or occupation, age, nationality, place of residence, marital status and date of recruitment, his remuneration and any change therein, any penalties imposed on him, any employment injuries and occupational diseases he. has sustained and the date of and reasons for the termination of his service ;
2. Prepare a leave card for each worker, to be kept in the employee's file and divided into three parts. The first for annual leaves, the second for sick leave and the third for other leaves. The employer or his representative shall record on this card all leaves taken by the worker, for future reference when any leave is requested.

Article 54

An employer employing 15 or more workers shall maintain the following records and documents in each main establishment, or branch or locality in which work is carried out:

1. a remuneration register, showing the worker's names by date of entry into service, together with particulars of the amount of each workers daily or monthly pay, any bonus or piece-work wages or commission paid to him, his days of work and the date of his final departure from work;
2. a register of employment injuries, in which any employment accidents and occupational diseases sustained or contracted by the workers shall be entered as soon as the employer learns the occurrence thereof.
3. The basic work rules, which shall more particularly specify the times of daily work and weekly rest, official holidays and the necessary measures and precautions to be taken to prevent employment injuries and fire hazards. Such rules shall be conspicuously displayed at the workplace, the application of these rules and any amendments there to shall be conditional upon their approval by the Labour department within 30 days of their submission thereto..

CHAPTER IV

Remuneration

Article 55

Remuneration shall be paid on a working day and at the place of work in the national currency circulating in accordance with the Law.

Article 56

Workers engaged on a yearly or monthly remuneration shall be paid remuneration at least once a month ; all other workers shall be paid at least once every two weeks.

Article 57

The daily remuneration of workers engaged on piece rates shall be calculated on the basis of the average of the remuneration he received for actual days of work during the six months preceding the termination of their service.

Article 58

The final settlement of remuneration payable to workers, irrespective of its amount or nature, shall be proved only by a written document, or declaration or oath. Any agreement to the contrary shall be null and void, even if made before the effective date of this Law.

Article 59

No worker shall be obliged to purchase food or other commodities from a particular shop or goods produced by the employer.

Article 60

No amount of money may be deducted from a worker's remuneration in respect of private claims, except in the following cases ;

1. the recovery of advances or amounts of money paid to the worker in excess of his entitlements, on condition that the amount deducted in this case does not exceed 10 per cent of his periodic remuneration.
2. contributions which the worker is required by law to pay from his remuneration, e.g. towards social security and insurance schemes ;
3. The workers contributions to a savings fund or repayment of advances repayable thereto ;.
4. contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department ;l
5. fines imposed upon the worker for any offence he has committed ;
6. any debt payable in execution of the judgement of a court of law ; Provided that the deduction shall not exceed one quarter of the worker's remuneration. Where two or more debts are payable, the maximum shall be half the worker's remuneration and the sums of money attached shall be divided pro rate among the beneficiaries, after payment of any legal alimony at the rte of one-quarter of the workers remuneration.

Article 61

Where a worker, either through his own fault or in violation of the employer's instructions, is guilty of the loss, damage or destruction of tools, machines or products or materials owned by the employer or in the latter's custody, the employer may deduct from the worker's remuneration such amount as may be necessary to repair them or to replace them as fully as possible : provided that the amount so deducted shall not exceed five days' remuneration in each month. The employer may request the competent court through the concerned Labour department for permission to deduct more than this amount if the worker has capital assets or any other source of income.

Article 62

An employer may not transfer a monthly-paid worker, without the worker's written consent, to the daily paid category or to a category whose remuneration is paid weekly, hourly or by the piece.

Article 63

The minimum rate of remuneration and the cost of living allowances payable either generally or in the case of particular area or occupation shall be fixed by federal decree on the basis of a proposal made by the Minister of Labour and Social Affairs and approved by the Council of Ministers. The Minister shall put forward his proposal for the determination or review of the minimum rate of remuneration after consulting the competent authorities and the occupational organizations of employers and workers, if any, and shall have regard to studies and tables of fluctuations in the cost of living drawn up by the competent authorities in the State, in such manner that the said minimum rate is sufficient to meet the workers basic needs and guarantee his livelihood.

Article 64

The minimum rates of remuneration and any amendments thereto shall take effect from the date on which the decrees fixing them are published in the Official Gazette..

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PART IV

 HOURS OF WORK AND LEAVE

CHAPTER I

Hours of Work

Article 65

The maximum normal hours of work of adult workers shall be eight a day, or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes and of guard duties and any other operations where such increase is authorized by order of the Minister of Labour and Social Affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the Minister of Labour and Social Affairs.

The normal hours of work shall be reduced by two during the month of Ramadan.

The periods spent by a worker in traveling between his home and place of work shall not be included in his hours of work.

Article 66

The daily hours of work shall be so arranged that no worker works for more than five consecutive hours without breaks for rest, meals and prayer amounting in aggregate to not less than one hours. Such breaks shall not be reckoned towards the hours of work.

In factories and workshops where work is organized in the form of successive day and night shifts or in operations where continuous working is necessary for technical and economic reasons,the manner in which breaks for rest, meals and prayer are to be granted shall be arranged by order of the Minister.

Article 67

Where the circumstances of the work require a worker to work more than the normal number of hours any period worked in excess shall be treated as overtime, for which the worker shall receive remuneration equal to that corresponding to his normal hours of work, plus a supplement of at least 25 per cent of the remuneration.

Article 68.

Where the circumstances of the work require a worker to work overtime between 9 pm and 4 am he shall be entitled in respect of such overtime to the remuneration stipulated for his normal hours of work, plus a supplement of at least 50 per cent of the remuneration.

Article 69

The number of actual hours of overtime shall not exceed two a day, unless work is necessary to prevent the occurrence of substantial loss or a serious accident or to eliminate or alleviate its consequences.

Article 70

Friday shall be the normal weekly rest day for all workers except daily-paid workers. Where the circumstances require a worker to work on this day, he shall be granted another day or receive his basic remuneration for his normal hours of work ; plus a supplement of at least 50 per cent of the remuneration.

Article 71

No worker other than a daily paid worker shall be employed on more than two successive Fridays.

Article 72

The provisions of this Chapter shall not apply to the following classes of persons :

1. persons holding responsible managerial or supervisory positions, if such positions confer upon the holders the powers of an employer over workers. The categories in question shall be specified by order of the Minister of Labour and Social Affairs.
2. workers constituting the crews of seagoing ships and persons employed at sea and enjoying special conditions of service on account of the nature of their work, except dock workers engaged in loading and unloading and related operations.

Article 73

The employer shall post up at the main entrances used by the workers, and in a conspicuous position a the workplace a notice showing the weekly closing day and the hours of work and rest periods applicable to all classes of workers. A copy of this notice shall be transmitted to the competent labour department.

Where the establishment does not observe a weekly closing system, the employer shall post up at the places referred to in the preceding paragraph a notice showing the weekly rest day for each class of workers..

CHAPTER II

Leave

Article 74

Each worker shall be entitled to official leave with full pay on the following occasions :

1. New Year's Day (Hegira) : one day ;
2. New Year's Day (Christian) : one day ;
3. Feast of Lesser Bairam : two days ;
4. Feast of Greater Bairam and Eve of Greater Bairam : three days ;
5. Birthday of the Prophet : one day ;
6. Noctural Journey and Ascension of the Prophet : one day ;
7. National Day : one day.

Article 75

Every worker shall, within each year of service, be granted a period of annual leave of not less than :

1. two a month, where the worker's period of service is more than six months but less than one year ;
2. 30 days a year, where the worker's period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.

Article 76

The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. Notwithstanding the foregoing, the provision respecting the division of leave shall not apply to leave fixed for young persons.

Article 77

Holidays for which provisions have been made by Law or agreement or any other days of absence from work on account of sickness shall be reckoned as part of the annual leave if such holidays fall within the annual leave..

Article 78

Every worker shall be entitled to his basic wage and the housing allowance if applicable in respect of his days of annual leave where the circumstances of the work make it necessary for a worker to work during all or part of his annual leave and the days of leave on which he works are not carried forward to the following year, the employer shall pay him his remuneration, plus a leave allowance in respect of the days worked at a rate equal to his basic wage.

It shall be unlawful in any circumstances to employ a worker during his annual leave more than once in two successive years.

Article 79

Where a worker is dismissed or leaves his job after the period of notice prescribed by law, he shall be entitled to remuneration in respect of any days of annual leave not taken. Such remuneration shall be calculated on the basis of the remuneration that he earned on the date on which the leave became due.

Article 80

An employer shall pay a worker, before the commencement of the latter's annual leave, the entire remuneration due to him, plus the leave pay prescribed for him in accordance with the provisions of this Law.

Article 81

Where the circumstances of the work make it necessary for a worker to work on public holiday or rest days in respect of which he is entitled to full or partial pay, he shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration. If he is not compensated for such days by leave, his employer shall pay him a bonus equal to 150 per cent of his basic remuneration in respect of the days worked.

Article 82

Where a worker contracts an illness otherwise than as a result of an employment injury, he shall report his illness within a maximum of two days and the employer shall thereupon take the necessary steps to have him medically examined immediately for the purpose of verifying his illness.

Article 83

1. The worker shall not be entitled to any paid sick leave during the probation period..
2. If the worker completed more than three months after the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service. Such leave shall be calculated as follows :
   1. The first 15 days with full pay.
   2. The next 30 days, with half day.
   3. Any subsequent periods, without pay.

Article 84

No remuneration shall be payable during sick leave if the illness is the direct result of the worker's misconduct (e.g. his having consumed alcohol or narcotic drugs).

Article 85

An employer may terminate the services of a worker after the period of sick leave provided for in articles 82, 83 and 84 of this Law if worker is unable to resume his work within that period ; in this case the worker shall be entitled to an indemnity in accordance with the provisions of this Law.

Article 86

Where a worker resigns from work by reason of illness before the first 45 days of his sick leave have elapsed and the government medical officer or the medical practitioner designated by the employer agrees with the cause of his resignation, the employer shall pay him the remuneration due in respect of the remainder of the first 45 days.

Article 87

Every worker shall be granted, once in the course of his period of service,special leave without pay for the purpose of fulfilling the obligation to make the pilgrimage ; such leave shall not be counted towards any other periods of leave and shall not exceed 30 days.

Article 88

No worker shall work for another employer while on annual leave or sick leave within the meaning of this chapter. Where his employer establishes that he has done so, he may terminate the worker's services without notice and deprive him of the remuneration in respect of the period of the leave.

Article 89.

Subject to the provisions of this Law, any worker who fails to resume work immediately after the expiry of his leave shall automatically forfeit his remuneration for the period of his absence, with effect from the day following that on which the leave expires.

Article 90

Without prejudice to cases in which an employer is entitled to dismiss a worker without notice or without the indemnity provided for in this Law, an employer shall not dismiss a worker or serve notice of dismissal on him while the worker is on leave within the meaning of this Chapter.

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