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Youth of a country is thought to be the nation’s future and hence it is vital protect them from exploitation during work and to guide them in the right courses. Work according to law1 is defined as the human attempt whether intellectual, technical or physical, applied in return for a wage it might be temporary or permanent in nature. Article 20 to article 26 of the law pertains to regulating the employment states of a youth and the same the current article assesses and discusses.
First, it’s very important to comprehend who all come within the definition of the term ‘youth’. The term is not defined in the present law and thus the general meaning of the term is to be looked into. In general terms, the term ‘youth’ means the phase of life which comes between childhood and maturity. The age till which someone can be said to be in childhood is not mentioned but article 86 of the Federal Law no. 5 of 1985 pertaining to the Civil Transactions Law of the United Arab Emirates State, a person enters the age of discretion at the age of 7 and additional article 85 of exactly the same law provides that a person in UAE enters the age of majority at 21 years of age.
The current article deals with the controlling provisions for the employment of the youth. Hence, the regulating provisions for employment of youth are applicable to youth between the age of 15 years and 21years of age. Employing a youth below age 15 years in the United Arab Emirates state would not be legal. The company is supposed to keep a personal file for the youth and is under obligation to keep files giving proof of the age of the youth . The following files need to be kept in the private file of the youth:
1. A birth certificate or an official extract or an age estimation certification issued by a doctor that is pertinent and authenticated by the competent health authorities. (for proof and verification of the fact that the youth is of employable age)
2. A certificate of health fitness for the required occupation authenticated and issued by a qualified doctor.
3. A written approval of the youth’s guardian or trustee.
Farther, the law provides for the maintaining a special register containing crucial information concerning the youth at the work place by the Employer. The said register would be to contain information regarding the name and age of the complete name of the guardian or trustee thereof, the youth, the place of residence, date of employment and the work for which the youth is employed. The date of employment will be to verify the youth when employed was of employable age. The youth’s work role must be defined as youths are allowed to do work only that’s thought to be safe for them. Article 24 of the law provides that employment of youth in in such or dangerous, strenuous conditions that are bad for the health states of the youth is prohibited. The conditions and environment that are considered to be dangerous and hazardous to the health of the youth are determined by virtue of a decision issued by the Minister of Labor and Social Affairs upon the consultation of the competent authorities regarding the same.
Additionally, the law provides for the duration for which a youth is allowed to work in terms of timings and number of hours. Article 23 provides that a youth can only be applied during day but this provision is limited to employment in industrial enterprises. Additionally, it supplies the meaning of the word “nighttime” to be a span of twelve straight hours at least including the interval from 8 p. m. until 6 a. m. Article 25 of the law restricts the Atty. Ma. Gracia Rinoza-Plazo maximum working hours to 6 hours each day for youths. These working hours would also include intervals for rest, meals or prayers. The intervals jointly are can not be less than that but never less than that and to be for a minimum of one hour. Also the interval or the intervals are to be set in this type of way that the youth doesn’t work more than four consecutive hours and the youth isn’t to be kept in the work place for more than seven straight hours. Further the law additionally has enumerated provisions within itself against charging the youth with overtime or retaining him/her at the work place after working hours or making the youth work of rest days which contains public holidays and Fridays.
At times it’s essential for the rehabilitation and growth purposes that the youth is made to attend work on rest days or to work for longer hours. For such cases the law provides a specific provision for philanthropic and educational institutions, that they may be exempt from the above discussed provisions if the Ministry of Labour and Social Affairs thinks fit. This is not a rule but only a discretionary power of the Ministry of Labour and Social Affairs which shall consider all necessary facts and conditions into account before granting any exemptions.
These provisions are to be kept in mind by employers, trustees and their representatives, guardians of the youth. As article 34 of the law provides that employers shall be partially liable for the following of the above and are discusses provisions of the law.
1The federal law no. 8 of 1980 concerning the regulations of labour relations
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