Here is all you need to know about a minor working in the country.
Question: My son is a minor and his UAE visa is under my sponsorship. Can he take up work during the summer holidays? What are the legalities involved when it comes to work permits and other documents?
Answer: Pursuant to your queries, it is assumed that your minor son intends to take up employment during his summer vacation with a mainland employer based in the UAE. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Administrative Resolution No. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letter and Employment Contract Forms are applicable.
In the UAE, a minor who is 15 years of age but below 18 years of age with the consent of a parent/guardian may take up employment once he or she obtains a medical fitness certificate issued by the concerned authority in the UAE.
This is in accordance with Article 5 of the Employment Law, which states,
“1. It shall be prohibited to employ any person who has not attained the age of 15.
2. A Juvenile's employment is conditional upon the following:
a. A written consent from the Juvenile’s parent or guardian.
b. A certificate of medical fitness for the required work issued by the medical institution.
c. The actual hours of work shall not exceed six hours a day and shall be intercepted by one or more breaks, which shall amount in the aggregate to one hour. Such break(s) shall be arranged such that no juvenile shall work for more than four consecutive hours.
d. A Juvenile may not be asked to work from 7pm to 7am.
e. A Juvenile shall not be employed on any hazardous or hard work or on any works that are by nature detrimental to health, safety or morals. Such works shall be specified by the decision of the Minister after coordination with the concerned entities.
f. A Juvenile shall not be asked to work overtime and shall not be kept at workplace after the working hours or employed on rest days or official holidays.
3. The Executive Regulations of this Decree-Law shall determine the Juvenile employment regulations and procedures to be observed by employers the works prohibited to juveniles and controls for exemption of entities aiming to provide professional training to juveniles, including charity, education and training institutions, from certain provisions of this article."
However, a few of the aforementioned requirements which are required for a minor to be employed in the UAE may be exempted if a minor is involved in professional training, volunteer work or educational work by charitable, educational and training institutions which are registered with the relevant authorities in the UAE.
This is in accordance with Article 4 of the Cabinet Resolution No. 1 of 2022, which states,
“Charitable, educational, and training institutions and the other entities that have the objective of professionally training and qualifying juveniles shall be exempted from some provisions of Article (5) of the Decree-Law and the provisions of this Article, pursuant to the following rules:
a. The institution shall be registered with the government authorities in charge thereof.
b. Its actual and registered objective shall be professional qualification or training or charity, educational or volunteer work.”
Further, an employer may grant a minor a ‘Juvenile Work Permit’ upon fulfilling the aforementioned requirements as stipulated by law.
This is in accordance with Article 6(1) (g) of the Cabinet Resolution No. 1 of 2022, which states,
“Subject to the provisions of Article 6 of the Decree-Law:
Juvenile permit: This type of permit is issued to a person who has reached 15 years of age but is not over 18 years and is employed by an establishment registered with the Ministry."
Based on the aforementioned provisions of law, as your son intends to work in the UAE only during his summer holidays, he may opt for a temporary or part-time ‘Juvenile Work Permit’ as mentioned in Administrative Resolution No. 38 of 2022 on Work Permits. The said Administrative Resolution No. 38 of 2022 on Work Permits also mentions requirements to obtain a ‘Juvenile Work Permit’ which includes, a clear coloured photo with white background, written consent signed by a parent, medical fitness certificate issued by competent authority in the UAE, passport copy with valid visa page and approved employment contract issued by the Ministry of Human Resources and Emiratisation.
News Source: Khaleej Times
