Council of Ministers and Ministerial Resolutions on Collective Labour Disputes

Council of Ministers Decisions Council of Ministers Order No. (11) year 1982 Ministers Decisions Ministerial resolution No. (307) for the year 2003

Council of Ministers Order No. (11) year 1982 In the affair of organizing prosecution and other rules necessary to the good proceeding of work before conciliation Boards and the Supreme Arbitration Board to determine group labour disputes

Council of Ministers: After taking cognizance of the provisional constitution, the Federal law No. (1) of the year 1972 about the affair of ministries jurisdictions, ministers powers and the laws amending them, and the Federal law No. (8) of the year 1980 in the affair of organizing labour relations, and pursuant to the offer of Minister of labour and Social Affairs and inspection of opinion of Minister of Justice, Islamic Affairs and Endowments, The First Topic In Conciliation Boards Article (1) Organizing the articles mentioned in this topic the rules, and proceedings applied before each conciliation Board which is referred to in this topic by the Board, Article (2) The location of the Board meeting is the labour office located in the location of the two dispute parties; so if the Board chairman is the director of labour relations directorate, the Board meeting location shall be in the Ministry location in Abu Dhabi or Dubai depending on conditions, and Board meeting shall not be true without the attendance of all members as well as the chairman. Article (3) The Board shall ask the opinion of whomever profecients and employers it decides during dispute inspection,

Article (4)

The Board chairman shall decide a session to inspect the dispute provided that the session appointment doesn’t exceed in maximum the Fourth day after the date arriving the labour department interested in referring the dispute to the Board, and two dispute parties shall be notified at least three days before the decided session appointment, Article (5) The Board shall issue its order in the dispute during two weeks from the date of referring the dispute to it, and the Board orders shall be issued by considering the majority of opinions of the members and the Board order shall be binding for both the parties if they approve in writing accepting its order, and in this case a register shall be written including the issues agreed on, it shall be mentioned in it the period of the agreement effectiveness at least for two years, the register shall be in four copies signed by the Board chairman and the dispute parties and the applying register form shall be written in the register by a command from judge of the interested court located in the circle of the conciliation Board that determines the dispute, The Board’s secretariat general shall deliver a copy of the register to each party of the dispute parties after writing the applying form in it, and the third copy shall be kept with the Board, and the fourth copy shall be sent to labour department to keep it in a special record, and all interested parties shall have the right to request a copy or a transcript of the mentioned register in accordance with the conditions decided by the labour department Article (6) If any of the two dispute parties doesn’t approve the Board order, it shall have the right to appeal against the decision in front of the supreme arbitration Board during thirty days from the date of the decision issue; otherwise, the decision shall be final and obligatory and the party whom the decision was issued for his benefit shall have the right to ask the Board to write a register of that and the following proceedings shall be similar to rules of the previous article, Article (7) The Board in all circumstances whether it issued its decision partially or completely or if the decision was delayed more than the period decided in the first paragraph of the fifth article shall present a report

to labour department interested in its work result, and the decision shall include the Board report about the considerations led to make the dispute, the surrounding circumstance and the suggestions the Board presented to conciliate them. Second Topic About the Supreme Arbitration Board Article (8) Organizing the articles mentioned in this topic and the applicable rules and proceedings before the supreme arbitration Board, Article (9) The meeting of the Supreme Arbitration Board shall be in the location of the labour department where the work location of dispute parties is located in its circle or any other suitable place the Board decides, and the meeting shall not be considered true without the attendance of all its members as well as the chairman or his representative; everybody except the Minister of Labour and Social Affairs and the Judge of the Federal Supreme Court, who is a member of the Supreme Arbitration Board shall take oath before the Minister of Labour and social Affairs so as to perform their missions without fear or partiality, Article (10) The appeal shall be presented to the Supreme Arbitration Board in a pleading signed by the appellant and including reasons of the appeal and the documents leading to it attached, and this shall be within the period indicated in the article No. (6) and the Board secretariat general shall notify the appelee with a copy of the pleading within seven days from the date of presenting it, and the appellee shall give this Board’s secretariat general a pleading of defense coupled with the supporting documents within two weeks from the date of notifying him with a copy of the appeal pleading.

Article (11) The chairman of Supreme Arbitration Board shall decide a session whose appointment doesn’t exceed fifteen days from the date of arrival of the dispute parties’ dispute in a registered letter or any other suitable way the chairman of the Supreme Arbitration Board decides at least three days before the date of the session, Article (12) The Supreme Arbitration Board determines the presented dispute within one month from the date of the first session, and it shall issue its decision depending on the majority of its members opinions, and its decision shall be grounded, and considered final and binding to the two dispute parties,

Article (13) The Supreme Arbitration Board shall decide hearing whomever witnesses it decides after making them take oaths and to delegate whomever proficient it decides, and it also shall have the right to view work places, inspect all documents and papers concerned in the dispute and do all proceedings that help it in determining the dispute, Article (14) The Minister of Labour and Social Affairs if he is not the chairman of the Board which issued the decision nor any of the two parties, shall have the right to request an interpretation or explanation of any issue in the arbitration decision if it is necessary, And the Supreme Arbitration Board shall issue its decision with the interpretation after listening to both the dispute parties if it believed it is necessary, and the two parties shall be notified with the decision the Board issued, and the interpretation shall be considered a complementary part of the original arbitration decision, Article (15) The chairman and the two members of the Supreme Arbitration Board shall obtain a monthly reward of two thousand Dirhams, and the chairman alternative in addition to the two alternative members

shall obtain five hundred Dirhams as a reward against each session provided that this doesn’t exceed two thousand Dirhams monthly, the secretary general shall obtain a reward of six hundred Dirhams monthly, Third Topic General Rules Article (16) The advocates shall not be allowed to attend with the dispute parties before the conciliation Board, but they are allowed to attend before the Supreme Arbitration Board provided that they are licensed pursuant to legal profession organizing law No. (9) of the year 1980. Article (17) The employees who are a party of the dispute shall be prohibited from stopping working neither completely nor partially because of the dispute during inspecting it before conciliation Board or the Supreme Arbitration Board, in addition, the employer shall be prohibited from closing the establishment completely or partially for the same reason, Article (18) The Minister of Labour and Social Affairs shall apply this order and make it effective from the date of announcing it in the official gazette. Prime Minister

Ministerial resolution No. (307) for the year 2003 Concerning the collective Labour disputes Dated on 31/5/2003 Minister of Labour & Social Affairs: • At sight the federal law no. (1) for the year 1972 concerning the specialties of the ministries and the offices of the ministers and its amendments thereof. • And the federal law no. (8) for the year 1980, regulating the relations of labour and its amendments thereof. • And the cabinet resolution no. (11) for the year 1982, regulating the procedures of solving the collective labour disputes. • And the ministerial resolution no. (48/1) for the year 1980, forming committees of reconciliation to reconciliate the collective disputes. • And pursuant to what has been shown by the undersecretary. • And for the sake of the public interest. Does hereby order the following Article One The collective labour dispute is any discord between the master and his workers and its subject relates to a joint interest for all the workers or some of them in a foundation, an occupation, a craft of a specific sector. Article Two The masters and the workers have to solve their collective disputes through the direct negotiation, medium, reconciliation and then arbitration according to the procedures mentioned in this resolution. Article Three The master or the workers has / have to inform the authorized labour department of a labour dispute on paper in the same day.

If it is difficult to do this, then the aforementioned department must be directly informed in the next labour day. Stopping the work or shutting the foundation is not allowed in the violation of the rules of this article To be continued ….. (2) (2) Article Four If the reconciliation of the dispute, thought the direct negotiation, has failed between the two parts within utmost one week from the date of taking place, then the two parts have a right to ask for the medium of the manager of the authorized labour department to reconciliate it. The manager can willingly summon the dispute parts to appear before him and to start the required procedures of the medium to solve the dispute. Article Five If the dispute is due to the nonpayment of the wages deserved by the workers or violating the duties of the master or the workers imposed by the federal law no. (8) for the year 1980 or its executive registers, then the manager has to take the legal required procedures for executing the rules of the law. Article Six And taking into account what is mentioned in article (5), if the reconciliation of the dispute has failed within ten days from the date of its taking place, then the department manager has to transfer the dispute to the arbitration committee to settle it notify the two parts. Article Seven If the reconciliation of the dispute has been successful through the medium, then the department manager has to write a three copy record of the matters agreed upon, and its is to be signed by the department manager, the workers and the master. The agreement is to become valid for a period agreed upon by the two parts and it must at least be two years.

Reconciliation Article Eight Once the manager of the authorized labour department is informed of labour dispute, he has to form an arbitration committee headed by him and to be as follows: 1) The manager of the labour department 2) A member from the chamber of commerce in the area or any representative chosen by the master – the dispute part. To be continued …. (3) President Member

(3) 3) A member from the coordination society of the vocational societies chosen by the workers the dispute part. 4) One of the legal experts as a reporter and an advisor. His vote is uncounted.

Member

Article Nine The master and the workers, the two parts of the dispute, should nominate a representative for the membership of the arbitration committee to represent them once the manager of the labour department calls for them. Article Ten The reconciliation committee is concerned with reconciliating the collective disputes transferred to it by the manager of the labour department to apply the procedures and rules mentioned in the federal law no. (8) for the year 1980 and the cabinet resolution no. (11) for the year 1982 above referred to. Article Eleven The president of the committee can call for any of the workers or the persons, disputes part, or the specialists to discuss with them in front of the committee and it is allowed to get informed about the

documents, papers, records and all the evidence and oblige their possessors to submit them. The committee is also permitted to enter the foundation to make the procedures of the required investigation and to decide the procedures determine the discord. Article Twelve The manager of the labour relations department in the two divans of the ministry according to each one’s of specialization takes the charge of the presidency of the reconciliation committee in any of the following cases: A) If the labour seat of the dispute parts is in specialty of more than one labour department. B) Any case in which the authorized undersecretary decides this. Article Thirteen Without detriment to the cabinet resolution no. (11) for the year 1982 referred to, If the resolution of the reconciliation committee has failed to solve the discord, then it is allowed to any request to transfer the dispute to the arbitration within thirty days from the date of its issue and The authorized labour department is allowed to automatically transfer the dispute to the arbitration. To be continued …… (4)

(4) Article Fourteen Stopping the work or closing the establishment because of a labour discord is not permitted before using up all the ways of solving the collective dispute mentioned in this resolution. Article Fifteen If the labour dispute took place because of the violation of the master or the workers to the clauses of the agreement resulted from the medium or the reconciliation, then the labour department has to take the essential, legal procedures to execute the rules of the law and its executive registers.

Article Sixteen It is considered a causer of the collective dispute and liable according to the valid laws in the state, domestically and federally: - Anyone who violates a clear text of the law’s and its executive registers, if the discord breaks out because of this violation. - Anyone who breaks an agreement resulted from the medium or reconciliation. - Anyone who doesn’t respond to any request or order of summoning issued by the manager of the labour department or the reconciliation committee. - Anyone who doesn’t commit to the resolution of the reconciliation committee, despite his approved of accepting its resolution on paper. - Anyone who doesn’t commit to the resolution of the reconciliation committee, after it has become valid, even if he hasn’t agreed on paper. - Anyone who doesn’t commit to the resolution of the Higher reconciliation committee. - Anyone who violates the procedures mentioned for executing the resolution of the arbitration and reconciliation committees. Article Seventeen Applying all the penalties mentioned in the federal law no.(8) for the year 1980 referred to, and its executive registers concerning the violations of this resolution as well as the penalties unmentioned in the federal and local laws which are valid in the state.

Article Eighteen Canceling the ministerial resolution no.(48/1) for the year 1980 referred to. To be continued ….. (5) (5) Article nineteen This resolution shall be published in the official news paper and it becomes valid after thirty days from the date of issue.

Matter Humaid Al Tayer Minister of Labour & Social Affairs

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