Introduction
The right against discrimination is one of the most integral and fundamental right existing in a society. Therefore, it is very important to maintain the rule of law, which includes equal opportunity before law and equality protection of the law to each and every individual exits in the society.
We have previously mentioned in our articles about the new labour law and reforms which came through it. Therefore, without going into the depth of history and background of the said law we are hereby dealing the provisions of equal pay for equal work for both men and women.
The old labour law does not provide any such rights in relation to equal pay for equal work. The new law clearly specifies the rights of the working women in relation to the same.
Whether there is equality provided under the new labour law?
Our Employment Lawyer states that:
The rights against discrimination and equality in terms of opportunity and equal pay for work is clearly being defined in the new UAE Labour Law 2022.
Any discrimination based on race, color, sex, religion, national or social origin or disability which would have the effect of nullifying or impairing equality of opportunity, or prejudicing equal treatment in the employment, the maintenance of a job and the enjoyment of its benefits, is prohibited. Employers are prohibited to discriminate against workers in jobs involving similar tasks.
Prohibition of discrimination that would:
(1) impair equal opportunities; or
(2) prejudicing equal treatment in the employment; or
(3) the maintenance of a job and the enjoyment of its benefits Prohibition of discrimination in jobs involving similar tasks
Note: In case of a dispute, the burden of proving discrimination will be on the employee.
Whether this equally applied upon the women workers also?
Employment Lawyer states that:
Yes, the provision of equality mentioned under clause (3) provision regulating the employment of workers without discrimination, shall apply to working women.
A woman is granted a wage equal to the wages of a man if she performs the same work, or an alternative work of equal value. By a resolution of the Cabinet, upon the Minister’s proposal, the procedures, terms, and standards necessary for evaluating work of equal value shall be issued.
Whether employer can demand visa cost from the employee?
Employment Lawyer states that:
The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.
Penalties
In accordance with Article 63 of the UAE Labour Law, 2021 if any violation of the provision of the law or implanting regulation is committed by the employer or employee then fine not less than AED 5,000 and not more than AED 1,000,000 (one million UAE Dirham) is to be levelled upon the violators. Furthermore, if the violator or offender repeats the violation or crime again then the preparator is punished by imprisonment along with double fine stipulated therein under the law.
The new Labour law strengthens in protecting the rights of workers and employers. Moreover, heavy penalties are stipulated in the law to maintain balance of interest and also to protect the rights of both employee and employer.
How can we assist you?
Nour Attorneys & Legal Consultants, tends to provide you one of the best Employment lawyers which are highly qualified and experienced in order to protect your interest before the courts and tribunals. Our lawyers are always ready to protect your interest in each situation.
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