Plazo Law Firm:
http://www.veoh.com/static/swf/veoh/SPL.swf?videoAutoPlay=0&permalinkId=yapi-yWL1kIP6nFoYouth of a state is regarded as the future of the country and consequently it is vital shield them from exploitation during work and to guide them in the appropriate directions. Work according to law1 is defined as the human attempt whether intellectual, technical or physical, used 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 present post appraises and discusses.
First, it’s crucial that you realize who all come within the definition of the term ‘youth’. The term isn’t defined in the law that was current and thus the general meaning of the term will be to be looked into. In general terms, the term ‘youth’ means the phase of life which comes between childhood and adulthood. So considering the age below 7 years as childhood and the age of and above 21 to be maturity, the age of a youth should be between 21 years of age and 7 years.
The current article deals with the controlling provisions for the employment of the youth. Article 20 of the law provides for a minimum age for a youth to be used, it supplies that a youth of either of the gender must have completed a minimum of 15 years of age for being applied. Consequently, the controlling provisions for employment of youth are applicable to youth between the age of 15 years and 21years old. Using a youth below the age of 15 years in the United Arab Emirates state would be illegal. Therefore article 21 of the law provides for measures to be taken by an employer to verify the age of the youth before employing himor her. The employer is assumed to maintain a personal file for the youth and is under duty to maintain documents giving evidence of the youth’s age therein. The following documents have to be kept in the youth’s private file:
1. A birth certificate or an official extract or an age approximation certificate issued by a doctor that is relevant and authenticated by the competent health authorities. (for evidence and confirmation of how the youth is of employable age)
2. A certification of well-being fitness for the job that was required issued by a competent doctor and authenticated.
3. A written consent of the guardian or trustee of the youth.
Further, the law provides for the maintaining a special register containing crucial info regarding the youth at the work place by the Company. The said register would be to include information regarding the name and age of the full name of the guardian or trustee thereof, the youth, the place of residence, date of employment and the work. The date of employment will be to verify that the youth when employed was of employable age. The youth’s work role must be set as youths are allowed to do work only that is considered to be safe for them. Article 24 of the law provides that employment of youth in in such or hazardous, strenuous states that are bad for the youth’s health conditions is prohibited. The circumstances and environment that are considered to be dangerous and dangerous to the youth’s health are determined by virtue of decision. Here only the physical health of the youth is taken into consideration but with effect of a change the provision for safeguarding the head and the mental health should also be added in the present law as youth is an age where the head imprints very fast and readily and hence it is critical to keep it away from unethical, immoral and illegal activities.
Further, the law provides for the duration for which a youth is allowed to work when it comes to number and timings of hours. Article 23 provides that a youth can only be employed during day but this provision is restricted to employment in industrial enterprises. Additionally, it supplies the meaning of the word “nighttime” to be a period of twelve consecutive hours at least including the period from 8 p. m. until 6 a. m. The maximum working hours to 6 hours per day for youths is limited by Article 25 of the law. These working hours would also comprise intervals for rest, meals or prayers. Also the intervals or the interval must be set in such a manner that the youth doesn’t work Learn Even more Here than four straight hours and the youth is not to be kept in the work location for Learn Even more Here than seven straight hours. Further provisions have been additionally enumerated by the law within itself against retaining the youth at the work place after working hours or charging him with overtime or making the youth work of rest days which contains public holidays and Fridays.
At times it’s essential for the rehabilitation and development purposes the youth is made to attend work on rest days or to work for longer hours. For such instances the law provides a specific provision for educational and philanthropic associations, that they may be exempt from the above discussed provisions if the Ministry of Labour and Social Affairs thinks appropriate. This isn’t a rule but only a discretionary power of the Ministry of Labour and Social Affairs which shall consider all necessary facts and circumstances into consideration before allowing any exemptions.
These provisions are to be considered by employers, trustees and their representatives, guardians of the youth. As article 34 of the law provides that employers shall be partly responsible for the following of the preceding and are discusses provisions of the law.
1The federal law no. 8 of 1980 concerning the regulations of labour relations
Joseph Plazo and Grace RInoza Plazo
Plazo Law
Attorneys-At-Law Philippines
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