INSITE - UAE - 04 Dec 2023

NEW DECISION NO. 19 OF 2023 OF THE MINISTRY OF HUMAN RESOURCES AND EMIRATISATION

Summary: The Ministry of Human Resources and Emiratisation (MOHRE) recently issued Administrative Decision No. 19 of 2023 concerning Occupational Safety and Health as well as Labour Accommodations.

In Detail: The Decision outlines the legal framework and obligations about occupational safety and health (OSH) and employee accommodations for both employers and workers. It encompasses various facets of OSH and labor housing, such as:

• Employers must establish and uphold an OSH program and record-keeping system.

• Indoor and outdoor workplaces must adhere to specified working conditions and employer obligations, covering aspects like lighting, ventilation, noise, heat, stairs, ladders, fires, equipment, hazardous substances, cranes, hoists, excavation, demolition, construction, and workplace facilities.

• Employers are obligated to provide personal protective equipment, healthcare, medical examinations, first aid, and secure transportation for their workers.

• Workers must follow OSH rules, report and avoid risks, use and maintain protective equipment, attend training, and safeguard the establishment’s assets.

• The appointment and duties of an OSH officer in the industrial and construction sectors involve planning, implementing, supervising, documenting, and enhancing OSH activities and policies.

• During summer midday, work is generally prohibited, with exemptions for certain technically necessary tasks accompanied by additional precautions.

• Labor housing must be registered and managed using MOHRE-approved systems, and compliance with MOHRE and relevant authorities' requirements and controls for labor housing is mandatory.

The Decision seeks to safeguard workers from risks and occupational diseases, preserve establishment properties, and uphold public interest. It replaces the earlier Administrative Decision No. 28 of 2022 and becomes effective upon publication in the Official Gazette. All official bodies and authorities must adhere to its provisions within their respective areas of authority.

Key Links: Administrative Decision No 19 of 2023 Relating to Occupational Safety and Health Labour Accomedatio (2).pdf

AMENDMENT OF REGULATIONS RELATED TO LABOUR DISPUTES

Summary: The UAE government recently amended the Labor Relations Regulation Law No. 33 of 2021 through Federal Decree No. 20 of 2023. This amendment, focusing on Article 54, aims to expedite the resolution of labor disputes and bring stability to the labor industry by adjusting procedural rules.

In Detail: Major alterations to the UAE's labor dispute resolution process have been implemented through Federal Decree Law No. 20 of 2023 (the "Decree"). This Decree modifies certain provisions of Federal Decree Law No. 33 of 2021 (the "Labour Law").

The key changes focus on enhancing the role of the Ministry of Human Resources and Emiratization (MOHRE) in labor dispute resolution. This article will delve into the extent of these amendments, their effects, and the practical aspects that employers and employees should consider.

Scope of the Decree

• The key change in the Decree is about Article 54 of the Labour Law, which now empowers MOHRE to be the ultimate judge for employment disputes valued under AED 50,000. The Decree also allows MOHRE to issue final executable judgments in cases of non-compliance with the terms of an amicable settlement approved by MOHRE at the mediation stage.

• MOHRE's decisions in these cases will now carry the same legal weight as final judgments from local courts, making them enforceable. This marks a notable shift in MOHRE's role from being a mediator that referred disputes to the court, it now has the authority to act as a court and issue enforceable judgments.

• The Decree permits parties to appeal MOHRE's decisions directly to the Court of Appeal within 15 days of the decision and notification. The Court of Appeal must then make a final decision within 15 days from the registration of the appeal. During the appeal process, execution is put on hold, and the decision is not enforceable until the Court of Appeal issues its judgment.

• If parties can't settle a dispute not covered by specific conditions, the Ministry refers it to court with a summary of the issue. If the dispute leads to the worker's wage suspension, the government lets the Ministry instruct the employer to pay the worker's wage for up to two months during the dispute. The court schedules an urgent hearing within three working days, but only if the proper procedures are followed. The court won't consider cases where the procedures aren't followed, and it won't address rights with a limitation period exceeding one year.

The Decree will be effective from January 1, 2024. Currently, there's no clear information on the procedures and administrative tools that MOHRE will use to implement its new powers.

Key Links: Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021 Regarding the Regulation of Employment Relationships.pdf