Sheikh Sultan reorganises labour authority with power to regulate private sector

Sharjah: His Highness Dr Sheikh Sultan bin Muhammad Al Qasimi, Supreme Council Member and Ruler of Sharjah, issued Law No. (1) of 2022 AD regarding the reorganisation of the Labour Standards Development Authority (LSDA) in Sharjah.

The law stipulates that the authority has the legal personality and total capacity to carry out all the work and actions that ensure achieving objectives and exercising competencies in the private sector in the emirate, UAE’s official news agency WAM reported.

As per the law, the authority shall develop work standards and implementation procedures to ensure a distinct and attractive working environment for employers and employees.

It shall promote awareness of and compliance with labour legislation and standards, ensuring workers’ rights and looking after the employers’ interests.

The authority will strive to achieve a decent life for workers and improve the terms and conditions of their life and work.

It should strengthen the working relationships between employers and employees and motivate them to implement labour legislation and standards.

The LSDA shall also ensure the availability of the required standards in accommodations following best practices.

Duties and responsibilities

According to the law, subject to the relevant federal and local legislation, the authority shall exercise all the powers necessary to achieve its objectives, and in particular, it shall have the following:

It shall develop policies and strategies necessary to promote the labour market in the emirate and submit them to the Council for approval.

LSDA can suggest legislation, bylaws, and regulations related to labour standards and labour accommodation and present them to the Council to decide what is appropriate.

It shall also suggest general criteria for training and qualifying labour cadres technically and professionally and implement procedures in coordination with government agencies and establishments, and submit them to the Council for approval.

LSDA should monitor and evaluate the application of labour legislation and standards and its impact on labour market in the emirate and the parties to the labour relationship. It can submit proposals and recommendations to the Council to take necessary action.

Another major task of the LSDA would be to develop and implement inspection programmes on establishments to ensure their compliance with labor legislation and standards and take the necessary procedures for it, in coordination with the Ministry of Human Resources and Emiratisation and government agencies.

Taking the necessary preventive and remedial measures for establishments that are likely to falter or faltered, and providing the essential support to workers in coordination with the Ministry and the competent government agencies also fall under the responsibilities of the authority.

It shall also take the necessary precautionary measures for facilities in case of disasters, crises, or emergencies and provide the essential support in coordination with the Ministry and government agencies.

Inspection role

Supervising and inspecting labour accommodations to ensure compliance with labour accommodation standards, in coordination with the Ministry and the competent government agencies, will be carried out by the LSDA.

The management, operation, and development of projects, facilities, and buildings in labour accommodation areas in the emirate also come under the authority.

Organising educational, awareness, and motivational activities, courses, and programmes related to labour legislation and standards will be part of the LSDA’s activities.

It will also organise and participate in labour events and activities locally and internationally, in coordination with the authorities concerned.

The LSDA will establish proper and effective communication channels with employers and employees, receive suggestions, recommendations, and complaints, and take the necessary action.

It shall conduct studies and research related to labour affairs in the emirate.

Partnerships

Providing a labour market information system in the emirate in coordination with the competent government agencies will be yet another task of the authority.

It shall cooperate with the Ministry, government agencies, and the establish partnerships with the private sector to achieve the objectives of the Authority.

LSDA can sign agreements, memoranda of understanding, and partnerships necessary to achieve the objectives of the Authority after being approved by the Council.

It shall also suggest the establishment and incorporation of companies of all kinds or invest in them and submit it to the Council to decide what it deems appropriate.

The LSDA can also seek the assistance of the competent authorities to obtain administrative and technical support. It may seek the assistance of experts and consultants in everything related to its work to achieve its objectives.

It will represent the emirate in local, regional, and international events related to labour affairs.

It shall also perform any other functions entrusted to the commission by the Ruler or the Council

President and his responsibilities

The law also stipulates that the Authority shall be managed by a president appointed by an Emiri decree, assisted by a sufficient number of employees according to its approved organisational structure.

He shall have the necessary powers and authorities to manage the affairs of the Authority and take the required decisions to achieve its objectives. In particular, he shall have the following:

The President shall suggest the general policy and strategic plans necessary to achieve the Authority’s objectives and present them to the Council for approval or necessary action.

He shall suggest draft laws and decisions related to the Authority’s work and presenting them to the Council to decide what it deems appropriate.

Supervising the workflow of the Authority following the legislation and regulations in force, issuing administrative decisions, and following up on their implementation will be among his tasks.

Annual budget

The President shall prepare the annual budget and final account of the Authority and submit them to the Council to take the necessary action.

He shall create a system to invest the Authority’s funds after submitting it to the Council.

Supervising the mechanism of disbursement of the Authority’s budget will be his responsibility.

The President shall form permanent and temporary committees and work teams affiliated with the Authority and define their terms of reference and work system.

He shall represent the Authority before governmental and private agencies, in its relations with others, and before the judiciary.

Signing contracts, agreements, memoranda of understanding, and partnerships by the Authority will fall under his responsibilities.

The President should submit periodic reports on the Authority’s work to the Council.

He shall delegate some of his powers and competencies to senior employees of the Authority follow the legislation in force in the emirate.

The President is also expected to perform any other tasks assigned to him by the Ruler or the Council.

The law also included several organisational articles for financial resources, the organisational structure, judicial control, and the issuance of regulations and decisions necessary to implement the law.