Collective Labour Disputes

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Council of Ministers and Ministerial Resolutionson 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 tothe good proceeding of work before conciliation Boards and theSupreme 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 organizinglabour relations,and pursuant to the offer of Minister of labour and Social Affairs and

inspection of opinion of Minister of Justice, Islamic Affairs andEndowments,

The First TopicIn Conciliation Boards

Article (1)

Organizing the articles mentioned in this topic the rules, andproceedings 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 thelocation of the two dispute parties; so if the Board chairman is thedirector of labour relations directorate, the Board meeting locationshall be in the Ministry location in Abu Dhabi or Dubai depending onconditions, and Board meeting shall not be true without theattendance of all members as well as the chairman.

Article (3)

The Board shall ask the opinion of whomever profecients andemployers it decides during dispute inspection,

Article (4)



The Board chairman shall decide a session to inspect the disputeprovided that the session appointment doesn’t exceed in maximumthe Fourth day after the date arriving the labour departmentinterested in referring the dispute to the Board, and two disputeparties shall be notified at least three days before the decidedsession appointment,

Article (5)The Board shall issue its order in the dispute during two weeks fromthe date of referring the dispute to it,and the Board orders shall be issued by considering the majority ofopinions of the members and the Board order shall be binding forboth the parties if they approve in writing accepting its order, and inthis case a register shall be written including the issues agreed on, it

shall be mentioned in it the period of the agreement effectiveness atleast for two years, the register shall be in four copies signed by theBoard chairman and the dispute parties and the applying registerform shall be written in the register by a command from judge of theinterested court located in the circle of the conciliation Board thatdetermines the dispute,The Board’s secretariat general shall deliver a copy of the register toeach 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 copyshall 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 atranscript of the mentioned register in accordance with the conditionsdecided by the labour department

Article (6)If any of the two dispute parties doesn’t approve the Board order, itshall have the right to appeal against the decision in front of thesupreme arbitration Board during thirty days from the date of thedecision issue; otherwise, the decision shall be final and obligatoryand 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 followingproceedings shall be similar to rules of the previous article,

Article (7)The Board in all circumstances whether it issued its decision partiallyor completely or if the decision was delayed more than the perioddecided in the first paragraph of the fifth article shall present a report



to labour department interested in its work result, and the decisionshall include the Board report about the considerations led to makethe dispute, the surrounding circumstance and the suggestions theBoard presented to conciliate them.

Second TopicAbout the Supreme Arbitration Board

Article (8)

Organizing the articles mentioned in this topic and the applicablerules and proceedings before the supreme arbitration Board,

Article (9)

The meeting of the Supreme Arbitration Board shall be in the locationof the labour department where the work location of dispute parties islocated in its circle or any other suitable place the Board decides, andthe meeting shall not be considered true without the attendance of allits members as well as the chairman or his representative; everybodyexcept the Minister of Labour and Social Affairs and the Judge of theFederal Supreme Court, who is a member of the Supreme ArbitrationBoard shall take oath before the Minister of Labour and social Affairsso as to perform their missions without fear or partiality,

Article (10)

The appeal shall be presented to the Supreme Arbitration Board in apleading signed by the appellant and including reasons of the appealand the documents leading to it attached, and this shall be within theperiod indicated in the article No. (6) and the Board secretariatgeneral shall notify the appelee with a copy of the pleading withinseven 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 weeksfrom the date of notifying him with a copy of the appeal pleading.



Article (11)

The chairman of Supreme Arbitration Board shall decide a sessionwhose appointment doesn’t exceed fifteen days from the date ofarrival of the dispute parties’ dispute in a registered letter or any other

suitable way the chairman of the Supreme Arbitration Board decidesat least three days before the date of the session,

Article (12)

The Supreme Arbitration Board determines the presented disputewithin one month from the date of the first session, and it shall issueits decision depending on the majority of its members opinions, andits decision shall be grounded, and considered final and binding tothe two dispute parties,

Article (13)

The Supreme Arbitration Board shall decide hearing whomeverwitnesses it decides after making them take oaths and to delegatewhomever proficient it decides, and it also shall have the right to viewwork places, inspect all documents and papers concerned in thedispute 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 ofthe Board which issued the decision nor any of the two parties, shallhave the right to request an interpretation or explanation of any issuein the arbitration decision if it is necessary,And the Supreme Arbitration Board shall issue its decision with theinterpretation after listening to both the dispute parties if it believed itis necessary, and the two parties shall be notified with the decisionthe 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 ArbitrationBoard shall obtain a monthly reward of two thousand Dirhams, andthe chairman alternative in addition to the two alternative members



shall obtain five hundred Dirhams as a reward against each sessionprovided that this doesn’t exceed two thousand Dirhams monthly,the secretary general shall obtain a reward of six hundred Dirhamsmonthly,

Third TopicGeneral Rules

Article (16)

The advocates shall not be allowed to attend with the dispute partiesbefore the conciliation Board, but they are allowed to attend beforethe Supreme Arbitration Board provided that they are licensedpursuant to legal profession organizing law No. (9) of the year 1980.

Article (17)

The employees who are a party of the dispute shall be prohibitedfrom stopping working neither completely nor partially because of thedispute during inspecting it before conciliation Board or the SupremeArbitration Board, in addition, the employer shall be prohibited fromclosing the establishment completely or partially for the same reason,

Article (18)

The Minister of Labour and Social Affairs shall apply this order andmake 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 disputesDated on 31/5/2003

Minister of Labour & Social Affairs:

• At sight the federal law no. (1) for the year 1972concerning the specialties of the ministries and the officesof the ministers and its amendments thereof.

• And the federal law no. (8) for the year 1980, regulatingthe 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 thecollective disputes.

• And pursuant to what has been shown by theundersecretary.

• And for the sake of the public interest.

Does hereby order the following

Article OneThe collective labour dispute is any discord between the master andhis workers and its subject relates to a joint interest for all the workersor some of them in a foundation, an occupation, a craft of a specificsector.

Article TwoThe masters and the workers have to solve their collective disputesthrough the direct negotiation, medium, reconciliation and then

arbitration according to the procedures mentioned in this resolution.

Article ThreeThe master or the workers has / have to inform the authorized labourdepartment of a labour dispute on paper in the same day.



If it is difficult to do this, then the aforementioned department must bedirectly informed in the next labour day. Stopping the work or shuttingthe foundation is not allowed in the violation of the rules of this articleTo be continued ….. (2)

(2)Article Four

If the reconciliation of the dispute, thought the direct negotiation, hasfailed between the two parts within utmost one week from the date oftaking place, then the two parts have a right to ask for the medium ofthe manager of the authorized labour department to reconciliate it.The manager can willingly summon the dispute parts to appearbefore him and to start the required procedures of the medium tosolve the dispute.

Article FiveIf the dispute is due to the nonpayment of the wages deserved by theworkers or violating the duties of the master or the workers imposedby the federal law no. (8) for the year 1980 or its executive registers,then the manager has to take the legal required procedures forexecuting the rules of the law.

Article SixAnd taking into account what is mentioned in article (5), if thereconciliation of the dispute has failed within ten days from the date ofits taking place, then the department manager has to transfer thedispute to the arbitration committee to settle it notify the two parts.

Article SevenIf the reconciliation of the dispute has been successful through themedium, then the department manager has to write a three copyrecord of the matters agreed upon, and its is to be signed by thedepartment manager, the workers and the master. The agreement isto become valid for a period agreed upon by the two parts and it must

at least be two years.



Reconciliation

Article EightOnce the manager of the authorized labour department is informed oflabour dispute, he has to form an arbitration committee headed byhim and to be as follows:

1) The manager of the labour department President2) A member from the chamber of commerce

in the area or any representative Memberchosen by the master – the dispute part.

To be continued …. (3)

(3)3) A member from the coordination

society of the vocational societies chosen Memberby the workers the dispute part.

4) One of the legal experts as a reporter andan advisor. His vote is uncounted.

Article NineThe master and the workers, the two parts of the dispute, shouldnominate a representative for the membership of the arbitrationcommittee to represent them once the manager of the labourdepartment calls for them.

Article TenThe reconciliation committee is concerned with reconciliating thecollective disputes transferred to it by the manager of the labourdepartment 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 ElevenThe president of the committee can call for any of the workers or thepersons, disputes part, or the specialists to discuss with them in frontof the committee and it is allowed to get informed about the



documents, papers, records and all the evidence and oblige theirpossessors to submit them. The committee is also permitted to enterthe foundation to make the procedures of the required investigationand to decide the procedures determine the discord.

Article TwelveThe manager of the labour relations department in the two divans ofthe ministry according to each one’s of specialization takes thecharge of the presidency of the reconciliation committee in any of thefollowing cases:

A) If the labour seat of the dispute parts is in specialty ofmore than one labour department.

B) Any case in which the authorized undersecretary decidesthis.

Article ThirteenWithout detriment to the cabinet resolution no. (11) for the year 1982referred to, If the resolution of the reconciliation committee has failedto solve the discord, then it is allowed to any request to transfer thedispute to the arbitration within thirty days from the date of its issueand The authorized labour department is allowed to automaticallytransfer the dispute to the arbitration.To be continued …… (4)

(4)Article Fourteen

Stopping the work or closing the establishment because of a labourdiscord is not permitted before using up all the ways of solving thecollective dispute mentioned in this resolution.

Article FifteenIf the labour dispute took place because of the violation of the master

or the workers to the clauses of the agreement resulted from themedium or the reconciliation, then the labour department has to takethe essential, legal procedures to execute the rules of the law and itsexecutive registers.



Article SixteenIt is considered a causer of the collective dispute and liable accordingto the valid laws in the state, domestically and federally:

- Anyone who violates a clear text of the law’s and itsexecutive registers, if the discord breaks out because ofthis violation.

- Anyone who breaks an agreement resulted from themedium or reconciliation.

- Anyone who doesn’t respond to any request or order ofsummoning issued by the manager of the labourdepartment or the reconciliation committee.

- Anyone who doesn’t commit to the resolution of thereconciliation committee, despite his approved ofaccepting its resolution on paper.

-Anyone who doesn’t commit to the resolution of thereconciliation committee, after it has become valid, even ifhe hasn’t agreed on paper.

- Anyone who doesn’t commit to the resolution of theHigher reconciliation committee.

- Anyone who violates the procedures mentioned forexecuting the resolution of the arbitration andreconciliation committees.

Article SeventeenApplying all the penalties mentioned in the federal law no.(8) for theyear 1980 referred to, and its executive registers concerning theviolations of this resolution as well as the penalties unmentioned inthe federal and local laws which are valid in the state.

Article EighteenCanceling the ministerial resolution no.(48/1) for the year 1980referred to.

To be continued ….. (5)

(5)Article nineteen

This resolution shall be published in the official news paper and itbecomes valid after thirty days from the date of issue.



Matter Humaid Al TayerMinister of Labour & Social Affairs

Documents

Collective Labour Disputes