emirates7 - -UAE law clearly stipulates the conditions under which minors can work in the country, including minimum age, working hours and nature of work
Questions: I have two sons aged 16 and 14. During the upcoming summer break I want them to take up temporary jobs. What's the legal way to go about this?
Answer: Pursuant to your query, it is assumed that your minor sons intend to take up employment during the summer vacation with a mainland employer based in the UAE. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’), Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022’) and Administrative Resolution NO. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letter and Employment Contract Forms (the ‘Administrative Resolution No. 38 of 2022 on Work Permits’) are applicable.
In the UAE, a minor who is between 15 and 18 years old, with the consent of a parent/guardian, may take up employment once he or she obtains a medical fitness certificate issued by the concerned authority. This is in accordance with Article 5 of the Employment Law, which states,
“1. It shall be prohibited to employ any person who has not attained the age of 15.
2. A Juvenile's employment is conditional upon the following:
a. A written consent from the Juvenile’s parent or guardian.
b. A certificate of medical fitness for the required work issued by the medical institution.
c. The actual hours of work shall not exceed six hours a day and shall be intercepted by one or more breaks, which shall amount in aggregate to one hour. Such break(s) shall be arranged such that no juvenile shall work for more than four consecutive hours.
d. A Juvenile may not be asked to work from 7pm to 7am.
e. A Juvenile shall not be employed on any hazardous or hard work or on any works that are by nature detrimental to health, safety or morals. Such works shall be specified by decision of the Minister after coordination with the concerned entities.
f. A Juvenile shall not be asked to work overtime and shall not be kept at workplace after the working hours or employed on rest days or official holidays.
3. The Executive Regulations of this Decree-Law shall determine the Juvenile employment regulations and procedures to be observed by employer the works prohibited to juveniles and controls for exemption of entities aiming to provide a professional training to juveniles, including charity, education and training institutions, from certain provisions of this article."
However, few of the aforementioned requirements may be exempted if a minor is involved in professional training, volunteer work or educational work by a charitable, educational and training institutions which are recognised by the authorities in the UAE. This is in accordance with Article 4 of the Cabinet Resolution No. 1 of 2022, which states, “Charitable, educational and training institutions and the other entities that have the objective of professionally training and qualifying juveniles shall be exempted from some provisions of Article (5) of the Decree-Law and the provisions of this Article, pursuant to the following rules:
a. The institution shall be registered with the government authorities in charge thereof.
b. Its actual and registered objective shall be professional qualification or training or charity, educational or volunteer work.”
Further, an employer may grant a minor a ‘Juvenile Work Permit’ upon fulfilling the aforementioned requirements as stipulated by law. This is in accordance with Article 6(1) (g) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 6 of the Decree-Law,
Juvenile permit: This type of permit is issued to a person who has reached 15 years of age but is not over 18 years and is employed at an establishment registered with the Ministry."
Based on the aforementioned provisions of law, employment of juveniles in the UAE is legally permissible subject to compliance with the employment law and its implementing regulations. Accordingly, your 16-year-old son may undertake temporary employment during the summer break provided that the prospective employer obtains a Juvenile Work Permit from the Ministry of Human Resources and Emiratisation and all statutory conditions are satisfied, including parental/guardian consent, medical fitness certification, prescribed working hours and restrictions on night work and hazardous duties. However, your 14-year-old son does not meet the minimum legal working age and therefore cannot be employed until he is 15 years old.
Applicable laws
Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations
Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations
Administrative Resolution NO. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letter and Employment Contract Forms
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Questions: I have two sons aged 16 and 14. During the upcoming summer break I want them to take up temporary jobs. What's the legal way to go about this?
Answer: Pursuant to your query, it is assumed that your minor sons intend to take up employment during the summer vacation with a mainland employer based in the UAE. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’), Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022’) and Administrative Resolution NO. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letter and Employment Contract Forms (the ‘Administrative Resolution No. 38 of 2022 on Work Permits’) are applicable.
In the UAE, a minor who is between 15 and 18 years old, with the consent of a parent/guardian, may take up employment once he or she obtains a medical fitness certificate issued by the concerned authority. This is in accordance with Article 5 of the Employment Law, which states,
“1. It shall be prohibited to employ any person who has not attained the age of 15.
2. A Juvenile's employment is conditional upon the following:
a. A written consent from the Juvenile’s parent or guardian.
b. A certificate of medical fitness for the required work issued by the medical institution.
c. The actual hours of work shall not exceed six hours a day and shall be intercepted by one or more breaks, which shall amount in aggregate to one hour. Such break(s) shall be arranged such that no juvenile shall work for more than four consecutive hours.
d. A Juvenile may not be asked to work from 7pm to 7am.
e. A Juvenile shall not be employed on any hazardous or hard work or on any works that are by nature detrimental to health, safety or morals. Such works shall be specified by decision of the Minister after coordination with the concerned entities.
f. A Juvenile shall not be asked to work overtime and shall not be kept at workplace after the working hours or employed on rest days or official holidays.
3. The Executive Regulations of this Decree-Law shall determine the Juvenile employment regulations and procedures to be observed by employer the works prohibited to juveniles and controls for exemption of entities aiming to provide a professional training to juveniles, including charity, education and training institutions, from certain provisions of this article."
However, few of the aforementioned requirements may be exempted if a minor is involved in professional training, volunteer work or educational work by a charitable, educational and training institutions which are recognised by the authorities in the UAE. This is in accordance with Article 4 of the Cabinet Resolution No. 1 of 2022, which states, “Charitable, educational and training institutions and the other entities that have the objective of professionally training and qualifying juveniles shall be exempted from some provisions of Article (5) of the Decree-Law and the provisions of this Article, pursuant to the following rules:
a. The institution shall be registered with the government authorities in charge thereof.
b. Its actual and registered objective shall be professional qualification or training or charity, educational or volunteer work.”
Further, an employer may grant a minor a ‘Juvenile Work Permit’ upon fulfilling the aforementioned requirements as stipulated by law. This is in accordance with Article 6(1) (g) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 6 of the Decree-Law,
Juvenile permit: This type of permit is issued to a person who has reached 15 years of age but is not over 18 years and is employed at an establishment registered with the Ministry."
Based on the aforementioned provisions of law, employment of juveniles in the UAE is legally permissible subject to compliance with the employment law and its implementing regulations. Accordingly, your 16-year-old son may undertake temporary employment during the summer break provided that the prospective employer obtains a Juvenile Work Permit from the Ministry of Human Resources and Emiratisation and all statutory conditions are satisfied, including parental/guardian consent, medical fitness certification, prescribed working hours and restrictions on night work and hazardous duties. However, your 14-year-old son does not meet the minimum legal working age and therefore cannot be employed until he is 15 years old.
Applicable laws
Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations
Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations
Administrative Resolution NO. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letter and Employment Contract Forms
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
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