Labor Regulations For Women
Women, in today's world, are encouraged to look beyond the walls of their house and face the outside world with confidence.
Women are considered equal to men in all respects.
They can think and plan as well as men can.
Sometimes we see the women laborers work harder than their male counterparts.
There is no field women have left untouched but they are always known as the 'weaker sex'.
This is not because they are incompetent but nature has created the body of the women to be delicate.
Biologically speaking, men have larger and stronger bones that can bear wear and tear for longer without getting damaged whereas women's bones are weaker and more susceptible to diseases like osteoporosis if over exerted.
The same thing is noticed about the muscle development in men and women.
Men are more muscular than women which enable them to take up more physical work than women.
Thus though women can defeat men anytime in a mind clash but there is a need to have protective measures for them in course of their employment to ensure security and avoid exploitation.
Every nation in the world that stands up for the rights of women also has appropriate legislations in place to protect them from being mistreated.
In the United Arab Emirates the law provides that a woman should be paid equally as the man for the same work.
The UAE labor law also provides for regulations that have to be followed by the employer with respect to a female employee.
The present article discusses such provisions provided by the legislators of the United Arab Emirates.
Articles 27 to 32 of the federal law no.
8 of 1980 concerning the Regulation of Labor Relations are enumerated by the legislators in the law for regulating the employment conditions of women.
The first provision is about the time during which a women can be employed.
Article 27 provides that a woman cannot be employed at night.
The word 'night' is further defined in the said provision as a period of eleven consecutive hours at least including the period from 10 pm until 7 am.
This regulation is provided to enhance the security of women at work as it is observed around the world that most crimes against women take place during this period.
The present legislation has taken into consideration various situations and therefore also provides for certain exceptions to this rule.
The first exception is in the events that may be considered as 'force majeure'.
The term 'Force Majeure' as per the Merriam Webster's dictionary means superior or irresistible force or an event of effect that cannot be reasonable anticipated or controlled.
In this context, force majeure would include such events due to which the women need to stay on duty at late hours eg.
Sometime due to stormy weather outside it is not possible to travel and thus all employees have to stay indoors at their work place.
Article 28 clause 'a' reads as 'when work in firm ceases by a force majeure'.
This may comprise of situations where time is of importance for completion of contractual obligations but the obligation was not fulfilled due to some force majeure and thus the workers including the women workers have to stay back and complete the contractual obligations.
The position of this clause is not clear as it would be very unreasonable for women to be made to stay after 10 pm at work place to complete work which had ceased due to some force majeure.
Thus the legislators should throw some light on their intent for adding the said clause.
The second exception is provided in article 28 clause 'b' which reads as 'Work in administrative and technical position'.
This provision again is very vague as 'administrative and technical positions' is a very wide area and thus it is unclear as to who all shall be included within its scope.
Therefore, some more explanations should be provided for the same.
Also, regulations should be provided to fix the maximum limit of time for which women in such positions may be allowed to be employed at night.
Also, it should be provided that only when the circumstances make it necessary should the women be employed at night and such circumstances should be notified at the ministry of labor and the police department.
The third exemption that is provided by article 28 clause 'c' is 'Work in health services and other jobs determined by virtue of a decision issued by the Minister of Labor and Social Affairs should the working woman not normally practice a manual work.
' Medical emergencies may arise at any time during the day and thus there can be no time limits set for the same and thus the exemption for women working a health services is appropriate.
The law further prohibits the employment of women in hazardous, strenuous or physically or morally harmful jobs.
These provisions are rightly provided for keeping in nature of the physical strength and integrity of females.
The term morally harmful jobs shall certainly include professions like prostitution but the term 'morality' is a relative term and its standards may differ from person to person and therefore and exhaustive list should be provided for the same.
Article 29 further also gives the power to the Ministry of Labor and Social Affairs to make additions to the list of prohibitions after consultation with competent authorities.
The Minister of Labor and Social Affairs also have the authority to exempt the philanthropic and educational institutions of all or some of the provisions set forth in case such institutions aim at the rehabilitation or professional training of women.
For such exemption the by - laws of such institutions should stipulate the nature of the works carried out by women, the working hours, the conditions of work therein in a manner not contradicting with the actual capacity of women.
The most important and respectful job of a women is to give birth to a child and be a mother.
During this time there are a lot of changes in her body one of which is the weakening of her immune system which is in order to protect the fetus from being attacked by her own anti-bodies.
The decreased immune system makes women susceptible to many diseases like the flu and therefore she must receive maximum protection and rest during this period.
It is thus essential to have appropriate provisions regulating the employment of women in such circumstances to ensure the healthy being of her and her child.
The UAE law provides for a maternity leave with full payment of the wage.
The leave period may extend to a total of 45 days including pre - and post natal periods.
But in case the employee has not completed a period of one year of continuous service then the leave is only with a grant of half the wages.
The law further provides that the employee may, at the end of maternity leave, remain absent from work without pay for a period of one hundred consecutive or non - consecutive days at most should such absence be caused by an illness hindering her from returning to work.
Such illness has to be established by means of a medical certificate issued by the medical entity appointed by the competent health authority or ratified by such authority stating that such illness arises from the pregnancy or the delivery.
The employer is not allowed to deduct the leave referred to in this paragraph from other leaves.
The law also provides for certain privileges for the women during the period of eighteen months subsequent to the date of delivery.
During this period the nursing mother is entitled, in addition to the determined rest period, to a two additional periods per day for the purpose of nursing, the duration of each thereof not exceeding half an hour.
Such additional periods shall be deemed as part of the working hours and the employer cannot deduct wages for the same.
The special provisions during maternity are appreciated but at the same time we cannot help but notice that they are not enough.
The 100% paid leave during maternal should at least extend to a period of 16 weeks.
UAE is one of the developed countries of the world and thus should grant facilities like one.
Besides women are always given utmost respect in this country but the same is not reflected through its maternity laws.
Most countries grant a maternity leave which vary from a minimum of 12 weeks to a maximum of around 52 weeks.
A mere period of 45 days is not only unacceptable; it is also degrading to motherhood.
The Employers or representative thereof, the spouse and the guardian (in case of a minor female) of the woman are responsible for following the provisions of the present law regulating the employment conditions of women.
These people shall be held liable for any noncompliance with the said provisions.
Women are considered equal to men in all respects.
They can think and plan as well as men can.
Sometimes we see the women laborers work harder than their male counterparts.
There is no field women have left untouched but they are always known as the 'weaker sex'.
This is not because they are incompetent but nature has created the body of the women to be delicate.
Biologically speaking, men have larger and stronger bones that can bear wear and tear for longer without getting damaged whereas women's bones are weaker and more susceptible to diseases like osteoporosis if over exerted.
The same thing is noticed about the muscle development in men and women.
Men are more muscular than women which enable them to take up more physical work than women.
Thus though women can defeat men anytime in a mind clash but there is a need to have protective measures for them in course of their employment to ensure security and avoid exploitation.
Every nation in the world that stands up for the rights of women also has appropriate legislations in place to protect them from being mistreated.
In the United Arab Emirates the law provides that a woman should be paid equally as the man for the same work.
The UAE labor law also provides for regulations that have to be followed by the employer with respect to a female employee.
The present article discusses such provisions provided by the legislators of the United Arab Emirates.
Articles 27 to 32 of the federal law no.
8 of 1980 concerning the Regulation of Labor Relations are enumerated by the legislators in the law for regulating the employment conditions of women.
The first provision is about the time during which a women can be employed.
Article 27 provides that a woman cannot be employed at night.
The word 'night' is further defined in the said provision as a period of eleven consecutive hours at least including the period from 10 pm until 7 am.
This regulation is provided to enhance the security of women at work as it is observed around the world that most crimes against women take place during this period.
The present legislation has taken into consideration various situations and therefore also provides for certain exceptions to this rule.
The first exception is in the events that may be considered as 'force majeure'.
The term 'Force Majeure' as per the Merriam Webster's dictionary means superior or irresistible force or an event of effect that cannot be reasonable anticipated or controlled.
In this context, force majeure would include such events due to which the women need to stay on duty at late hours eg.
Sometime due to stormy weather outside it is not possible to travel and thus all employees have to stay indoors at their work place.
Article 28 clause 'a' reads as 'when work in firm ceases by a force majeure'.
This may comprise of situations where time is of importance for completion of contractual obligations but the obligation was not fulfilled due to some force majeure and thus the workers including the women workers have to stay back and complete the contractual obligations.
The position of this clause is not clear as it would be very unreasonable for women to be made to stay after 10 pm at work place to complete work which had ceased due to some force majeure.
Thus the legislators should throw some light on their intent for adding the said clause.
The second exception is provided in article 28 clause 'b' which reads as 'Work in administrative and technical position'.
This provision again is very vague as 'administrative and technical positions' is a very wide area and thus it is unclear as to who all shall be included within its scope.
Therefore, some more explanations should be provided for the same.
Also, regulations should be provided to fix the maximum limit of time for which women in such positions may be allowed to be employed at night.
Also, it should be provided that only when the circumstances make it necessary should the women be employed at night and such circumstances should be notified at the ministry of labor and the police department.
The third exemption that is provided by article 28 clause 'c' is 'Work in health services and other jobs determined by virtue of a decision issued by the Minister of Labor and Social Affairs should the working woman not normally practice a manual work.
' Medical emergencies may arise at any time during the day and thus there can be no time limits set for the same and thus the exemption for women working a health services is appropriate.
The law further prohibits the employment of women in hazardous, strenuous or physically or morally harmful jobs.
These provisions are rightly provided for keeping in nature of the physical strength and integrity of females.
The term morally harmful jobs shall certainly include professions like prostitution but the term 'morality' is a relative term and its standards may differ from person to person and therefore and exhaustive list should be provided for the same.
Article 29 further also gives the power to the Ministry of Labor and Social Affairs to make additions to the list of prohibitions after consultation with competent authorities.
The Minister of Labor and Social Affairs also have the authority to exempt the philanthropic and educational institutions of all or some of the provisions set forth in case such institutions aim at the rehabilitation or professional training of women.
For such exemption the by - laws of such institutions should stipulate the nature of the works carried out by women, the working hours, the conditions of work therein in a manner not contradicting with the actual capacity of women.
The most important and respectful job of a women is to give birth to a child and be a mother.
During this time there are a lot of changes in her body one of which is the weakening of her immune system which is in order to protect the fetus from being attacked by her own anti-bodies.
The decreased immune system makes women susceptible to many diseases like the flu and therefore she must receive maximum protection and rest during this period.
It is thus essential to have appropriate provisions regulating the employment of women in such circumstances to ensure the healthy being of her and her child.
The UAE law provides for a maternity leave with full payment of the wage.
The leave period may extend to a total of 45 days including pre - and post natal periods.
But in case the employee has not completed a period of one year of continuous service then the leave is only with a grant of half the wages.
The law further provides that the employee may, at the end of maternity leave, remain absent from work without pay for a period of one hundred consecutive or non - consecutive days at most should such absence be caused by an illness hindering her from returning to work.
Such illness has to be established by means of a medical certificate issued by the medical entity appointed by the competent health authority or ratified by such authority stating that such illness arises from the pregnancy or the delivery.
The employer is not allowed to deduct the leave referred to in this paragraph from other leaves.
The law also provides for certain privileges for the women during the period of eighteen months subsequent to the date of delivery.
During this period the nursing mother is entitled, in addition to the determined rest period, to a two additional periods per day for the purpose of nursing, the duration of each thereof not exceeding half an hour.
Such additional periods shall be deemed as part of the working hours and the employer cannot deduct wages for the same.
The special provisions during maternity are appreciated but at the same time we cannot help but notice that they are not enough.
The 100% paid leave during maternal should at least extend to a period of 16 weeks.
UAE is one of the developed countries of the world and thus should grant facilities like one.
Besides women are always given utmost respect in this country but the same is not reflected through its maternity laws.
Most countries grant a maternity leave which vary from a minimum of 12 weeks to a maximum of around 52 weeks.
A mere period of 45 days is not only unacceptable; it is also degrading to motherhood.
The Employers or representative thereof, the spouse and the guardian (in case of a minor female) of the woman are responsible for following the provisions of the present law regulating the employment conditions of women.
These people shall be held liable for any noncompliance with the said provisions.