“Human Resources”: Suspended establishments are subject to a “labor inspection”

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The Ministry of Human Resources and Emiratisation confirmed the right of the Ministry’s inspectors to conduct “labor inspection” visits to closed establishments that do not practice their activities, in order to ascertain their status and the status of registered workers in accordance with legislation and regulations, while it was specified, in a guide recently prepared, regarding “labor inspection procedures.” 12 tasks or types of inspections that require labor inspectors to carry out inspection visits to employers, most notably “following up on compliance with the terms and conditions for paying wages (salary notification), following up on establishments with dangerous indicators, and adhering to the terms and conditions of the Labor Relations Regulation Law and its executive regulations.”

In detail, the Ministry of Human Resources and Emiratisation confirmed that the inspection system for private sector employers that are registered with it aims primarily to monitor the proper implementation of the provisions of Federal Decree-Law No. (33) of 2021, as well as procedures manuals, explaining that the Ministry’s inspectors have the power to issue violations against Non-compliant parties, drafting minutes and preparing reports showing the committed legal violation.

In a guide recently prepared by the ministry on “labor inspection procedures”, the ministry stated that the most important objectives and tasks of the “labor inspection” carried out by the ministry’s inspectors are to emphasize instilling and adhering to the principles, culture and ethics of work as a civilized value that contributes to building institutions and providing job opportunities. Increasing production and efficiency in performance in order to achieve the development of institutions and meet the rights of workers and business owners, in addition to monitoring the application of legal provisions related to working conditions and protecting workers while performing their work, and monitoring the implementation of occupational health and safety requirements, labor housing and occupational safety standards in coordination with the competent authorities.

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The guide, which Emirates Today obtained a copy of, indicated that the inspection tasks include monitoring indicators of the existence or the possibility of acts involving the crime of “human trafficking” or “forced labor” against workers who are subject to the provisions of the Law Regulating Labor Relations, Pointing out that the field visits carried out by representatives of the ministry are among the most important objectives and tasks of the inspection, as they are an effective way to guide workers and employers on the application of labor laws and policies, and help provide information that helps develop labor legislation, and regulate the labor market situation.

According to the guide, the inspection sector in the ministry works to control and evaluate the facts that are committed for non-compliance with the provisions of Federal Decree-Law No. (33) of 2021 and its executive regulations and the decisions issued in implementation of them, and to carry out inspection campaigns of all kinds according to specific time schedules, and to achieve continuous review of the extent of the establishments’ commitment to implementing The provisions of the law, in cooperation with various government agencies, are also concerned with verifying and following up on cases referred to it by other departments and competent authorities, following up on the removal of violations committed by establishments and workers, and taking the necessary measures against violators.

The guide identified 12 tasks or types of inspections that require labor inspectors to carry out inspection visits, including following up on the work of citizens working in the private sector, adhering to the terms and controls for payment of wages (salary notification), following up on establishments with indicators of danger, and adhering to the terms and controls of the Labor Relations Regulation Law .

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It also included the follow-up of work injuries, adherence to the conditions and controls of labor accommodation, follow-up of violating workers, ensuring compliance with the conditions and controls of work at noon, following up on private recruitment agencies and recruitment and the resulting working conditions, and following up on suspected cases of human trafficking, forced labor and sexual harassment, and the Ministry’s inspectors are entitled to Conducting inspection visits to follow up on closed establishments that do not practice their activity, to ascertain whether the establishments are operating, as well as the status of registered workers in accordance with legislation and regulations.

Classification of establishments

The Ministry of Human Resources and Emiratisation has classified the cases of private sector establishments registered with it, into six inspection classifications according to the status of the establishment at the time of the visit in terms of practicing economic activity. An enterprise that operates seasonally” and whose economic activity is linked to a particular season.

The classification included “facilities under preparation”, which are in the process of being prepared and equipped to carry out an economic activity, and “temporarily suspended facilities”, a facility that stopped carrying out economic activity for a temporary period due to a specific circumstance, such as the suspended facility due to the unavailability of certain raw materials or Temporarily suspended due to a court ruling.

It also included “permanently suspended facilities”, which ceased to function permanently and no longer engage in any economic activity, and a “supporting activity unit”, which is the facility whose economic activity is focused on serving the activity of the parent facility, and its production is not offered for sale in the market.

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Inspector powers

The Ministry of Human Resources and Emiratisation granted a number of powers to the labor inspector in accordance with the executive regulations of Law No. 33 of 2021, represented in the possibility of entering any facility subject to the Law on Regulating Labor Relations at any time for the purpose of inspection, and summoning the employer or his agent to come to the facility or residence premises. workers or the ministry.

The inspector has the right to carry out any examination or investigation necessary to verify the safety of implementing the legal obligations of the employer, and he has the right to question the employer or workers individually or in the presence of witnesses, as well as review the documents and data that the employer must keep, and obtain an extract from them if necessary. That is, and taking samples of materials used or traded in industrial processes and other works subject to inspection, which are believed to have a harmful effect on the health or safety of workers. The inspector may (if necessary) request a medical examination of the workers in the facility and conduct medical laboratory research to ensure the suitability Working conditions and their impact on the health and preventive levels of workers.

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