Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2, paragraph 1. 1. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee had noted that section 3 of Federal Law No. 8 of 1980 on labour relations excludes from its scope of application: (1) domestic servants; (2) employees engaged in agriculture or grazing of animals; (3) employees working in small establishments and employees engaged in temporary jobs of six months or less. It also noted that section 3 of Federal Law No. 8 of 1980 was amended by virtue of Federal Law No. 24 of 1981. It noted that the amendments thereto decrease the categories of workers excluded from the scope of application of Federal Law No. 8 of 1980, in a way that employees working in small establishments normally employing a maximum of five employees, and employees engaged in temporary jobs of six months and less, are now covered by Federal Law No. 8 of 1980 on labour relations. Noting that neither domestic servants nor employees engaged in agriculture or grazing of animals seem to be covered by Federal Law No. 8 of 1980 as amended, the Committee had asked the Government to provide information on the measures taken or envisaged to ensure that employees working in these categories benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that domestic workers and workers in a similar category, as well as workers employed in agriculture or pasture, who are excluded as specified in section 3 of Federal Law No. 8 of 1980, have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations.

The Committee requests 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 also requests the Government to provide information on children working: (1) as domestic servants; and (2) in agriculture or grazing of animals, in particular with regard to their age, number and the types of work they undertake.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee had previously noted that, under article 17 of the Constitution, education is compulsory at the primary stage. The Committee had also noted from the Government’s report on the realization of the principle of effective abolition of child labour, submitted as a part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory school extends over nine years and ends when the child is 15 years. The Committee also notes the Government’s information that section 2 of Ministerial Decree No. 963 of 2002 determines that education is compulsory until the end of the fundamental phase (class one to the end of class nine). It also notes the Government’s information that Ministerial Decree No. 4680 of 2002 determines the maximum age for acceptance in class nine at 17 years. The Committee requests the Government to indicate clearly what is the age of completion of compulsory schooling under the relevant legislation.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted 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 noted, however, that according to section 1, the Order applies to young persons under the age of 17. It had further noted that Federal Law No. 8 of 1980 on labour relations would 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 notes the Government’s information that section 20 of Federal Act No. 8 of 1980 was amended. The draft amended text of section 20 states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It notes that, according to the Government, these amendments are still undergoing constitutional procedures before their adoption by the competent authorities. The Committee requests the Government to keep it informed of any progress towards the adoption of the abovementioned amendments to Federal Act No. 8 of 1980 and to provide a text of the amended provisions as soon as they have been adopted.

Article 3, paragraph 3. Authorization to undertake hazardous work from the age of 16 years. The Committee requests the Government to specify whether the draft amendment to section 20 of Federal Act No. 8 of 1980 repeals Ministerial Order No. 5/1 of 1981 which fixes the minimum age to perform hazardous work at 17 years. If not, the Committee once again reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee accordingly requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to section 42 of the Federal Law No. 8 of 1980, the minimum age to stipulate an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) is 12 years. The Committee had recalled 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 conditions prescribed by the competent authority, after consultation with the organizations of employers and workers 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 programme 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 notes the Government’s statement that the draft amended text of section 42 of Federal Act No. 8 of 1980 provides that 15 years is the minimum age to being accepted in training or vocational education. The Committee requests the Government to keep it informed on any developments with regard to the adoption of the draft text of section 42 as amended.

Article 9, paragraph 1. Penalties. The Committee had previously noted that section 181 of Federal Law No. 8 of 1980 states that a person violating the provisions 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 of imprisonment. It had noted that section 34 of the Federal Law establishes: (1) a specific criminal liability for the employers or their representatives for the enforcement of the provisions on the employment of young persons; (2) the liability of guardians of young persons if they consent to the employment of those young persons contrary to the provisions of the law. The Committee notes the Government’s information that the application of penalties specified in section 181 of Federal Law No. 8 of 1980 comes in addition to the penalties specified by virtue of other laws, such as sections 347 and 349 of the Penal Code. The Committee once again requests the Government to provide a copy of the legislation providing for the criminal liability of employers violating the provisions on child employment under Federal Law No. 8 of 1980. The Committee also requests the Government to provide a copy of the relevant provisions of the Penal Code. It also asks the Government to provide information on the sanctions applied in practice in cases of violation of the provisions on the employment of young persons, including the number and kind of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 22 of Federal Law No. 8 of 1980 requires the employer to keep a register of young persons. However, it had noted the Government’s indication that it shall look into preparing such registers and send them to the ILO as soon as they have been adopted. Noting the absence of information on this point, the Committee requests the Government to indicate whether registers of young persons to be kept by the employer have been adopted pursuant to section 22 of the Federal Law on labour relations and used in practice by employers.

Part V of the report form. The Committee notes the absence of information in the Government’s report on this point. It once again invites the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children. 

The Committee hopes that the amendments to national legislation referred to by the Government in its report will be adopted soon, in order to bring national legislation in line with the Convention. It requests the Government to keep it informed on any progress made in this regard.