Notes from Advisor Dr. Hisham Fawzi on a Federal Law Project Regarding Auxiliary Service Workers in the UAE
Excellency / Yaqoub Ali Al Naqbi: (Committee Chairman)
It is common knowledge that in definitions, it is always stated “natural person” or “legal person.” Here, we mean – solely for clarification – that we preferred to use “natural person” to distinguish it from “legal person,” which refers to companies. “Natural person” refers to individuals. Thank you.
Excellency the President:
The floor is to Mr. Hamad Al Rahoumi.
Excellency / Hamad Ahmed Al Rahoumi: (Council Monitor)
Thank you, Excellency the President. My question may not have been clear, and perhaps the government has better information. I am speaking about whether a “natural person” can bring in a worker. The current system states that it must be a head of a household. Does this apply to any person who is 18 years old, has a passport, and resides with their father or family? Can they open an establishment card and bring in the employee they desire? The definition states “natural person.” Does this mean the person must be a citizen, a head of household, or any person, even if they are part of a family? Thank you.
Excellency the President:
The floor is to Mr. Ahmed Al Shamsi.
Excellency / Ahmed Mohamed Rahma Al Shamsi:
Mr. President, it is not a requirement. Any individual, even if they are alone and in need of service assistance, can bring in a worker to perform this service. This point has been studied, and the legal advisor may clarify why the term “natural person” was added to this matter. Thank you.
Excellency the President:
Please proceed, Counselor.
Professor / Dr. Hisham Mohamed Fawzi: (Legal Counsel at the Council)
In the name of Allah, the Most Gracious, the Most Merciful, Mr. President, our intention with the amendment was to specify “natural person” and not companies. This is the first point.
Secondly, any person has the right to employ service workers, even if they are foreign. The term refers to any individual, whether a citizen or foreigner, who can employ service workers. However, the requirement is that they should not be a company. Thank you.
Professor / Dr. Hisham Mohamed Fawzi: (Legal Counsel at the Council)
In the name of Allah, the Most Gracious, the Most Merciful, Excellency the President, the text states, “shall be included in the calculation of annual leave,” so if the employee takes 14 days, it will accumulate to 28 days. During this period, we have Friday and Saturday holidays or the holiday of Isra and Mi’raj. Consequently, this should be included and he is not entitled to request it. If the member’s concern is that the employee will request the period of 28 days and the holidays of Isra and Mi’raj and Friday and Saturday coincided during it, then this text is correct, and thank you.
Excellency the President:
Dr. Abdulrahim, did you understand? Does the Council now agree with this amendment to the article?
(Agreed)
Excellency / Dr. Abdulrahim Abdul Latif Al Shaheen:
Thank you, Excellency the President. Actually, the counselor’s concern is correct, but the article must be corrected to match his words, “except according to the conditions and circumstances specified by the executive regulations,” and not as a law. This is a mistake, Your Excellency the President. According to the conditions and circumstances specified by the executive regulations. If it is “established by law,” this means that there is a law that determines that, so we must say, “according to the conditions and circumstances specified by the executive regulations.” This is the correct form, and thank you.
Excellency the President:
Do you mean, Doctor, clause (6) in Article (15)? Please proceed, Counselor.
Session regulation 12 – Round 1 – Chapter 15, page 107 of 205
Professor / Dr. Hisham Mohamed Fawzi: (Legal Counsel at the Council)
Excellency the President, Dr. Abdulrahim’s note is correct. If we say “as determined by the executive regulations,” the meaning will be more precise. Thank you.
Excellency the President:
Now, regarding the newly introduced subsidiary items, starting with paragraph (h), does the Council agree to it as introduced by the committee?
(Agreed)
What about the newly introduced paragraph (t)? Does the Council agree to it? The floor is to Mr. Ahmed Al Zaabi.
Excellency / Ahmed Ali Al Zaabi:
Excuse me, Excellency the President. We said that this clause contradicts the Labor Law because the Labor Law grants seven consecutive days or 21 intermittent days. Here, there is a violation of the Labor Law, although it was mentioned in the preamble of the draft law. Thank you.
Excellency the President:
The floor is to Counselor.
Professor / Dr. Hisham Mohamed Fawzi: (Legal Counsel at the Council)
Excellency the President, of course, the Labor Law is the primary law in this field. However, this law is a special law related to support workers, with its own conditions that necessitate a separate law. Therefore, this law and that law are different. You can include in this law whatever you want and contradict the Labor Law as you wish. It is possible to set a longer or shorter period, and of course, there are significant differences in this law compared to the Labor Law. The assessment of this matter is up to the Council as they see fit. Thank you.
Excellency the President:
So, this is a special law. Does the Council agree to the newly introduced item (t) by the committee?
(Agreed)
