Since 2006, the UAE Ministry of Labour has issued an annual Resolution setting out working restrictions during the summer period. This year's Resolution – No. 443 of 2010 – is in largely the same form as those of previous years, but the key difference is that employees will benefit from its protection for around one month longer. The Resolution comes into force earlier than usual – on 15 June 2010 – and will remain effective for 3 months until 15 September 2010.

The key provisions of the Resolution ought by now to be familiar to those operating in the UAE construction industry:

  • Employees working in sunny areas and open spaces may not work between 12:30pm and 3:00pm;
  • Employers must provide a shady place for employees to rest during this period;
  • If Employers alter the shift patterns of their workers to accommodate the summertime working restrictions (subject to the terms of their employment) that employee's shift, whether in the morning or the evening, may not exceed 8 hours;
  • In the event that an employee works for more than 8 hours during any 24 hour period, he will be entitled to overtime pay in respect of those extra hours; and
  • Employers must display, in a visible area of the work place, a table showing daily working hours in accordance with the Resolution. The table must be in Arabic as well as a language that the employees can understand.

The Resolution also emphasises the requirement for employers to provide employees with proper protective gear appropriate for the work which they are carrying out.

Limited exemptions apply to the restriction limiting work in sunny places and open spaces between 12:30pm and 3:00pm, as well as the maximum limit of 8 working hours per day. These exemptions apply to works which, for technical reasons, need to be carried out in an uninterrupted manner. A list of such works is to be published by the Director General of the Ministry of Labour but, as yet, no such list has been issued for 2010. The lists of exempted works issued in previous years will likely provide guidance as to what can be expected this year. In previous years, the Ministry of Labour has determined the following works may be carried out during the midday break period:

  • Cement mixing, embedding and pouring works, where it is not possible to carry out or complete such works during the morning or afternoon shifts;
  • Works which are required to prevent a hazard occurring, repair a breakdown or avoid incidental damage;
  • Works required in order to rectify an interruption in the supply of water, power, gas, petrol or drainage, or an issue which is interfering with traffic on public roads;
  • Works which require an express permit from a Government authority because of the effect they have on the flow of traffic or services, where the permit stipulates that the works must be carried out in a continuous manner in order for the works to be completed, including the interruption of traffic on main roads, the disconnection of electricity and the disconnection of telecommunications; and
  • Any other works approved by the Director General of the Ministry of Labour.

When carrying out such works between the hours of 12.30 and 3:00pm, employers must provide a sufficient supply of cold potable water, as well as refreshments such as lemon and other citrus fruits, first aid items, industrial cooling devices and shades to protect employees from the sun.

In recent years, the Ministry of Labour has appeared keen to take a hard line with offenders, and we expect this year to be no exception. The penalty for a first breach of the Resolution is:

  • A fine of AED10,000;
  • The downgrading of the establishment concerned to category C for a period of at least 6 months; and
  • A restriction of the entitlement to obtain new employee work permits, also for at least 6 months.

For a second breach, an AED20,000 fine will be levied, and the establishment will again be downgraded to category C and be restricted from obtaining employee work permits for a further 6 month period. For a third breach, the fine is increased to AED30,000, and the period for which the establishment is downgraded to category C and prevented from obtaining new employee work permits is extended to at least 1 year.

Establishments are graded by the Ministry of Labour into three categories, A to C, with category C being the lowest. Determining factors include adherence to labour regulations, the cultural diversity of the workforce and the number of Emirati nationals employed. Being downgraded to a category C will result, amongst other things, in the establishment concerned incurring higher fees when making any applications to the Ministry of Labour, as well as having to provide bank guarantees for a higher sum when applying for new employee work permits.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.