Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. 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 (Labour Code), as amended by Federal Law No. 24 of 1981, excludes from its scope of application domestic servants and employees engaged in agriculture or grazing of animals. It had noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pasture have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. It had requested 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 notes the Government’s information that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years. No work permit may be granted to any domestic worker, male or female, who is under the age of 18 years. The Government supplies a copy of the model work permit for domestic workers. This model specifies that domestic workers shall not be allowed to perform types of work hazardous to their health and morals. Moreover, they shall be treated humanely, ensuring dignity and body safety. The Committee requests the Government to provide a copy of Federal Act No. 5 of 1985, or any other relevant legislation establishing the minimum age for domestic work and for work in agriculture or grazing of animals.

Article 2, paragraph 3. Age of completion of compulsory education. In its previous comments, the Committee had requested the Government to indicate clearly what is the age of completion of compulsory schooling under the relevant legislation. It notes the Government’s information that primary education, which lasts until the age of 13, is compulsory for all citizens of the United Arab Emirates. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (15 years for the United Arab Emirates) is not less than the age of completion of compulsory schooling (13 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee requests the Government to indicate whether secondary education, which lasts until the age of 15 years, is compulsory. The Committee also requests the Government to provide updated statistical information on school attendance and on school enrolment and drop-out rates, especially with regard to children aged from 13 to 15 years.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It had further noted that the draft amended text of section 20 of the Labour Code 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. The Committee notes the Government’s information that the draft amended text of section 20 of the Labour Code will replace Ministerial Order No. 5/1 of 1981. It also notes the Government’s information that this amendment is contained in the draft amendments to the Labour Code approved by the Government, and is currently going through the constitutional channels for its adoption. The Committee hopes that the draft amended section 20 of the Labour Code will soon be adopted. It once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously observed that, according to section 42 of the Labour Code, the minimum age to stipulate an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It had further noted the Government’s statement that the draft amended text of section 42 of Labour Code provides that 15 years is the minimum age for being accepted in training or vocational education. The proposed amendment to section 42 of the Labour Code is currently being examined by the constitutional channels in the State. The Committee hopes that the draft amended section 42 of the Labour Code will soon be adopted. It once again requests the Government to keep it informed of any progress in this regard.

Article 9, paragraph 1. Penalties. The Committee had previously noted that section 181 of the Labour Code 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. It had further noted 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 notes the Government’s information that the draft amendment to section 181 of the Labour Code, which contains additional details on penalties, shall be approved within the framework of the amendments to the Labour Code. It requests the Government to provide information on any progress towards the adoption of the draft amended section 181 of the Labour Code. Noting that the Government did not supply a copy of the legislation establishing the criminal liability of employers violating the provisions on child employment under the Labour Code, the Committee once again requests it to provide a copy of this legislation with its next report. It finally once again requests 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 kinds of penalties imposed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 22 of the Labour Code requires the employer to keep a register of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether registers of young persons are kept by employers pursuant to section 22 of the Labour Code and used in practice by employers.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, according to labour inspection reports, no large numbers of young citizens of the UAE are employed in the private sector. With regard to non‑citizens, the existing legislation does not authorize the employment of persons under 18 years of age from abroad. The Committee notes the Government’s information that, in view of the modest number of young persons employed in the private sector, there are no precise statistics thereon. It also notes the Government’s statement that amendments to the Labour Code will soon be adopted, which will help to establish a full system of information on the labour market, including information on young persons.

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