Legislation Details
- Full Title: Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work
- Law Type: Cabinet Resolution
- Law Number: No. (43) of 2018
- Issued Date: 29 Jul 2018
- Effective Date: 01 Aug 2018
- Official Gazette: No. 633
- Sector: Family and Community
- Status: Active
- Number of Articles: 26
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution aims to support the rights of persons with disabilities (referred to as "People of Determination") in the workplace. It establishes obligations for government authorities and private sector organizations to ensure equal employment opportunities, provide reasonable accommodations, and protect the rights of People of Determination. The Resolution covers a range of issues including recruitment, work environment, performance management, career development, and organizational participation. Its purpose is to enable People of Determination to access and thrive in the job market on an equal basis with others. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018) The Resolution is significant for businesses and individuals in the UAE, as it mandates specific measures to integrate People of Determination into the workforce and prohibit discrimination against them. Employers must make reasonable adjustments to the work environment and processes to support the needs of People of Determination. This legislation is part of the UAE's broader efforts to empower and mainstream persons with disabilities in the country. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to support the rights of persons with disabilities, referred to as "People of Determination", in the workplace. It aims to enable them to access available job opportunities and exercise their right to work on an equal basis with others. The Resolution also outlines the obligations of government authorities and private sector organizations to enforce the rights of People of Determination as per applicable UAE legislation. Additionally, it provides for necessary support to help People of Determination seek equal opportunities in different sectors, including for those who wish to establish their own businesses. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates.
- Ministry: Ministry of Community Development.
- Concerned Authorities: Governmental authorities, including federal and local ones, or private sector organizations and facilities, including foreign institutions that operate in the country or its branches, associations, charities, clubs and profitable and non-profitable organizations.
- Special Needs (People of Determination): Any person with permanent or temporary disability or deficiency totally or partially in his/ her physical, sensory, mental, communicative, educational or psychological abilities to the extent that it reduces the possibility of meeting his/ her normal requirements in comparison of the circumstances of their peers who are non-disabled persons.
- Discrimination: Any distinction, exclusion or restriction based on disability which aims to or resulting in weakening, impairing or nullifying the equal recognition, enjoyment or exercise of any of the rights granted under the legislation in force in the State.
- Accommodations: Necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.
- People of Determination Card: A card issued by the Ministry. It is the official document which indicates that the holder is one of the special needs.
(Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations on concerned authorities: 1. Grant People of Determination the right to work on an equal basis with others. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(1)) 2. Ensure People of Determination receive equal employment opportunities, including through a precise mechanism to attract them, accessible job advertisements, and non-discrimination in any stage of employment. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(2)) 3. Provide safe and healthy working conditions for People of Determination, including securing them against abuse or harassment, providing reasonable accommodations, and appropriate rehabilitation and training mechanisms. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(3)) 4. Not terminate the employment of People of Determination due to their disability, except in cases of reaching retirement age or being medically unfit as per applicable laws. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(4)) 5. Encourage the private sector to integrate People of Determination into their institutions and provide necessary exemptions and privileges. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(5)) 6. Establish systems and mechanisms to fund private projects of People of Determination and help them establish their own businesses. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(6))
What licensing, registration, or approval requirements exist?
The Resolution does not specify any licensing, registration, or approval requirements. It focuses on the obligations of concerned authorities to support the employment of People of Determination.
What rights and protections does this law provide?
The key rights and protections provided by this Resolution include: 1. The right of People of Determination to work on an equal basis with others. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(1)) 2. The right to receive equal employment opportunities, including non-discrimination in any stage of employment. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(2)) 3. The right to safe and healthy working conditions, including protection against abuse or harassment and provision of reasonable accommodations. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(3)) 4. The right to not be terminated from employment due to disability, except in cases of reaching retirement age or being medically unfit. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 3(4)) 5. The right to appeal against any decision issued against them, through official channels, to ensure their rights are protected. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 8(9))
Which authorities or bodies are responsible for enforcement?
The Resolution does not specify any particular authorities or bodies responsible for enforcement. It places obligations on "Concerned Authorities", defined as governmental authorities (federal and local) as well as private sector organizations and facilities operating in the UAE. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 1) The Ministry of Community Development is mentioned as the ministry responsible for issuing the People of Determination card, which is the official document indicating a person's status as having special needs. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 1)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It focuses on outlining the obligations and requirements for concerned authorities to support the employment of People of Determination, without detailing enforcement mechanisms or sanctions.
What fees, charges, or financial provisions are specified?
The Resolution does not mention any fees, charges, or other financial provisions. It is focused on establishing the rights and obligations related to the employment of People of Determination, without addressing financial aspects.
What exemptions or exceptions apply?
The Resolution does not provide any explicit exemptions or exceptions. It applies broadly to all concerned authorities, both governmental and private sector, without carving out any exclusions.
How are disputes resolved under this law?
The Resolution states that People of Determination have the right to "appeal against any decision issued against them, through official channels, to ensure their rights are protected." (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018, Art. 8(9)) However, it does not specify the exact dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The Resolution does not mention any specific deadlines or time limits. It focuses on establishing the general obligations and requirements for concerned authorities, without prescribing any timelines for compliance.
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: - The Constitution - Federal Law No. (1) of 1972 on the Competences of Ministries and Powers of Ministers, and its amendments - Federal Law No (8) of 1980 concerning the Regulation of Work Relationships, and its amendments - Federal Law No. (29) of 2006 on the Rights of People of Determination and its amendments - Decree issued under Federal Law No. (11) for 2008 Regarding Federal Government Human Resources and its amendments - Cabinet Resolution No. (6/1) of 2017 concerning approving the national policy to enable People of Determination The Resolution appears to be aligned with and complementary to this existing UAE legislation related to the rights and employment of people with disabilities. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018)
When did this law come into effect?
This Cabinet Resolution came into effect on 1 August 2018, as stated in the "Effective Date" field. It was published in the Official Gazette No. 633 on 31 July 2018. (Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work, 2018)
Source Documents
This article analyses Cabinet Resolution Regarding Supporting Special Needs (People of Determination) Work for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.