Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the Government’s reports and requests it to supply further information on the following points.

Article 1 of the Convention. In its previous comments, the Committee had asked the Government to indicate what policy measures it intended to take to further enhance the effectiveness of the legislation in eliminating child labour. The Committee notes the statement made by the Government representative to the Conference Committee in June 2002, together with the Government’s report of 2003, that it has drafted a project to amend Federal Law No. 8 of 1980 on labour relations. The Government expects to promulgate the amendments in 2003. The Committee notes that the amended law would define a young person as a person who has completed 15 years of age and has not completed 18 years. It also notes that section 20 of Federal Law No. 8 of 1980 on labour relations will be amended so as to prohibit the employment of a young person under 18 years in strenuous jobs or work that is likely, by its nature, to jeopardize the health, safety or morals of young persons. Such a provision does not exist under the present law on labour relations. Furthermore the Committee notes the Government’s statement regarding the extension of social security protection to categories of children who were previously excluded by virtue of Law No. 2 of 2001. The Government also indicates in its report that it intends to focus on vocational training and educational grants during academic studies. The Committee requests the Government to provide information on any progress made in the adoption of these amendments.

Article 2, paragraph 1. Scope of application. 1. Exclusion of certain categories of employment or work. The Committee had noted in its previous comments that Federal Law No. 8 of 1980 on labour relations, under section 3, excludes from its scope of application, domestic servants, employees engaged in agriculture or grazing of animals, employees working in small establishments and employees engaged in temporary jobs of six months or less. It had also noted that there have been no formal exclusions from the application of the Convention under Articles 4 and 5 of the Convention at the time of ratification. The Committee notes the Government’s indication that the exclusion of some activities from Federal Law No. 8 of 1980 on labour relations, by virtue of section 3, does not mean that employees working in these occupations are deprived of the protection laid down in the Convention. The Government also indicates that, to avoid confusion, the State shall include in the draft law amending Federal Law No. 8 of 1980 on labour relations a clear provision on this point. The Committee notes that section 3 of Federal Law No. 8 of 1980 on labour relations was amended by virtue of Federal Law No. 24 of 1981. The amendments decrease the categories of persons who are excluded from the scope of application of Federal Law No. 8 of 1980 on labour relations. The Committee notes with interest that, by virtue of the 1981 amendments, employees working in small establishments normally employing a maximum of five employees and employees engaged in temporary jobs which do not take more than six months to complete, now fall under the scope of application of the federal law on labour relations, as indicated by the Government in its report. Consequently, the Committee notes that the following workers remain excluded from the application of Federal Law No. 8 of 1980 on labour relations: (a) domestic servants employed in private residences and the like; and (b) employees engaged in agriculture or grazing of animals, other than persons working in agricultural establishments which process their own products or are permanently employed to operate or repair mechanical equipment required for agricultural work. The Committee recalls that by virtue of Article 2, paragraph 1, the Convention applies to all sectors of activities as the United Arab Emirates has not availed itself at the time of ratification of any of the flexibility clauses contained in Articles 4 and 5. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that employees working in agriculture or the grazing of animals as well as domestic servants employed in private residences and the like, benefit from the protection laid down in the Convention.

2. Ships registered in the country. The Committee had previously noted that the minimum age specified by the Government in its declaration for admission to employment or work is 15 years. Responding to the Committee’s query, the Government indicates that the minimum age for admission to work of 15 years, set out in section 20 of Federal Law No. 8 of 1980, also applies to workers on board ships and the means of transportation registered in the State.

Article 2, paragraph 3. Age of completion of compulsory education. In its previous comments, the Committee had noted that, under article 17 of the Constitution, education is compulsory at the primary stage. It had also noted from the Government’s report that compulsory schooling ends when the child attains 12 years. However, the Committee had noted from the Government’s report on the realization of the principle of the effective abolition of child labour, submitted as part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory schooling in the United Arab Emirates extends over nine years, and ends when the child attains 15 years. The Committee notes that the Government has provided the text of Federal Law No. 11 (1972) on compulsory education as requested by the Committee. It further notes that the Government’s report indicates that, by virtue of sections 1, 2 and 7 of the law on compulsory education, education is compulsory up to 16 years of age. However, the Committee understands from the available translation that education is compulsory in the first phase and starts when a child reaches 6 years (or exceptionally 5 years and 6 months). The duration of compulsory schooling shall be set down in an administrative regulation. The Committee urges the Government to indicate whether an administrative regulation fixing the duration of compulsory schooling has been adopted pursuant to section 2 of Federal Law No. 11 (1972) on compulsory education, and to provide a copy thereof.

Article 3, paragraphs 1 and 3. Minimum age for admission to hazardous work. The Committee had noted in its previous comments that Ministerial Order No. 5/1 of 1981 lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations. It had observed, however, that, according to section 1, the Order applies to young persons under the age of 17. Responding to the Committee’s comments, the Government indicates that the age of 17 is in conformity with Article 3, paragraph 3, of the Convention which authorizes employment or work as from 16 years of age provided that the health and safety of young persons is safeguarded. The Government also indicates that in practice people are encouraged not to employ children under 18 years of age for the occupations listed in Ministerial Order No. 5/1 of 1981. The Government also states that the occupations listed in Ministerial Order No. 5/1 of 1981 are not considered as exceptions. The Committee notes that Federal Law No. 8 of 1980 on labour relations will be amended in early 2003, so as to prohibit the employment of young persons under 18 years in any employment or work that is likely to jeopardize their health, safety or morals. The Committee recalls that, under Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Moreover, the Committee reminds the Government that Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years. It also reminds the Government that this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years of age), and does not constitute an overall permission to undertake hazardous work as from 16 years of age. The Committee, like the Conference Committee, hopes that section 20 of Federal Law No. 8 of 1980 on labour relations will soon be amended as indicated by the Government to the Conference Committee and in its report, so as to ensure that no young persons under 18 years of age are engaged in employment or work that is likely to jeopardize their health, safety or morals. It requests the Government to keep it informed of any progress made and to provide a copy of the amendments as soon as they are adopted.

Article 6. Minimum age for admission to vocational training. In its previous comments, the Committee had noted that under section 42 of Federal Law No. 8 of 1980 on labour relations, a vocational training contract can be concluded in writing by the owner of an establishment and (through the guardian) for a young person "who is at least 12 years of age who undertakes to work for the employer during the period of training on the terms and for the period agreed to". The Government’s report indicates that under section 42 of the draft law amending Federal Law No. 8 of 1980 on labour relations, the minimum age for admission to vocational training has been raised to 15 years. The Committee notes the Government’s report indicating that the Minister of Labour has not yet issued orders to regulate and to prescribe conditions for training in occupations and trades as provided for under sections 50 and 51 of Federal Law No. 8 of 1980. The Committee recalls that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with the conditions prescribed by the competent authority, after consultation with the employers’ and workers’ organizations concerned where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking which has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee urges the Government to take measures to ensure that no children under 14 years of age undertake vocational training in an undertaking.

Article 9, paragraph 1. Sanctions. The Committee notes that under Part XI of Federal Law No. 8 of 1980, a person violating the provisions of Chapter 2 (on the employment of young persons) is liable to a fine of a maximum of 10,000 dirhams of the United Arab Emirates and a maximum of six months’ imprisonment (section 181). The fine shall be proportional to the number of workers concerned, up to a maximum of 30,000 dirhams of the United Arab Emirates. The Committee also notes that section 34 of Federal Law No. 8 of 1980 establishes: (a) a specific criminal liability of employers or their representatives for the enforcement of Chapter 2 of the present law on the employment of young persons; as well as (b) the liability of guardians of young persons, if they consent to the employment of young persons contrary to the provisions of the law. However, the Committee notes that the Government, in its report on the follow-up to the Declaration, in August 2001, declared that no sanctions apply to users of child labour since "in principle there is no child labour, there is no need for such measures". The Committee requests the Government to provide a copy of the legislation providing for the criminal liability of employers violating the provisions on child employment of Federal Law No. 8 of 1980. Furthermore, it asks the Government to provide some information on the sanctions applied in practice, including the number and kind of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had noted in its previous comments that section 22 of Federal Law No. 8 of 1980 on labour relations requires the employer to keep a register of young persons. The young person’s name and age, the date of recruitment and the job on which he/she is employed shall be mentioned in the register. The Committee notes that the Government declares in its report that it shall look into preparing registers of young persons pursuant to section 22 of Federal Law No. 8 of 1980 and that it will provide the ILO with a copy as soon as they are adopted. The Committee requests the Government to indicate whether registers of employment are used in practice by employers or whether they are waiting for the Government to lay down a model of register.

Part V of the report form. The Committee would be grateful if the Government could provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee hopes that the amendments to its national legislation will be adopted soon and requests the Government to keep it informed of any progress made. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.