Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Emirats arabes unis (Ratification: 1998)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) of the Convention. Scope of application. Exclusion of certain categories of employment or work. In its previous comments, the Committee 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. The Committee also noted the Government’s indication that the minimum age for domestic work and for work in agriculture or grazing of animals is 18 years and that work permits may not be granted to domestic workers under the age of 18 years. It further noted the Government’s statement that domestic workers, as well as workers employed in agriculture or pastures have their conditions of service subject to public law, namely Federal Act No. 5 of 1985 on civil relations. The Committee 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. However, the Committee observed that the sections included in the Government’s report did not contain provisions relating to the minimum age applicable in the sectors excluded by the Labour Code. It therefore requested the Government to indicate the provisions in United Arab Emirates (UAE) legislation that establish the minimum age for domestic work and for work in agriculture or grazing of animals.

The Committee notes the Government’s information that there are no written provisions which determine the minimum age of admission to work in domestic work or work in agriculture or grazing of animals. However, the Government indicates that it has been the practice of the State to not grant work permits to persons under the age of 18 in these categories of work, based on the authorized age in granting work permits to workers who are covered by the Labour Code. Moreover, the Government indicates that the provisions of the Convention are considered to be national law whose application is mandatory in the UAE and, therefore, applicable to the categories of work excluded from the Labour Code.