Understanding your employee rights is a very important part of living and working in the UAE. Below is the labour law, as published by the UAE Ministry of Labour, with regards to professional training contracts.
Disclaimer: The following text comes from the UAE Ministry of Labour’s UAE Labour Law.
Professional training contracts
Article 42
The professional training contract is the contract whereby the owner of the establishment undertakes to give a complete professional training that is consistent with the standards of the profession to a third party having completed at least twelve years of age. The latter shall, in turn, undertake to work during the training period for the employer in accordance with the condition and duration agreed upon. The training contract shall be in writing, otherwise it shall be deemed void.
The employer or the trainer shall enjoy the sufficient qualifications and expertise in the relevant profession or craft for which the training is made. Furthermore, the firm must itself meet the technical conditions and capacities necessary for the provision of such training on the profession or craft.
Article 43
The trainee having reached the maturity age shall conclude the contract by himself. Whoever is under eighteen years of age may not enter into a direct contract with the employer for the training. The trainee shall be represented by the parent, legal trustee or guardian thereof.
Article 44
1 - The training contract shall be made in three copies at least, one copy is deposited with the competent labour department for registration and authentication. Each party shall keep an authenticated copy thereof.
2 - Should the training contract to be authenticated contain a provision that contradicts the law, the regulations executive decisions issued in application of the provisions thereof, the competent labour department may request that the contracting parties delete such breach.
3 - Should the competent labour department not express any observation or objection within a period of three months from the deposition of the training contract therewith, the contract shall be deemed duly authenticated as of the date of the deposition thereof.
Article 45
The training contract shall include particulars regarding the identity of the contracting parties or the representatives thereof, as the case may be, the method of training, the duration, phases and subject of the training.
Article 46
The employer shall grant the trainee sufficient time to receive the theoretical training. He must train the worker on the profession standards and the skills for which he is recruited and such for the period set in the contract, and must grant the trainee a certificate upon the completion of each phase of training in accordance with the provisions set forth in the present Chapter, and a final certificate at the end of the training period. Such certificate may be authenticated by the competent labour department in accordance with the principles and procedures determined by virtue of a decision issued by the Minister of Labour and Social Affairs.
Article 47
The worker may undertake in the training contract to work subsequent to the completion of the training period for the employer or in the establishment where the training took place and such for a period not exceeding twice the training period. Similarly, the employer may undertake in the training contract to employ the worker subsequent to the completion of the training period.
Article 48
Payable wages for every phase of training shall be determined in the training contract. Such wages paid in the last phase must not be less than the minimum set for a similar work, and shall under no circumstances be determined based on the piece or the production.
Article 49
The trainee whose age is less than eighteen years old shall undergo a medical examination to assess the health condition and capacity thereof to carry out the tasks of the profession for which a training is to be given, and such prior to the commencement of the training thereof. Should such profession require special physical and heath conditions, the medical report shall mention the meeting by the training candidate of such conditions, being physical or psychological.
Article 50
The Minister of Labour shall, by a decision therefrom, regulate the training of professions and crafts that require training, and determine the duration of such training for the professions and crafts, the theoretical and practical programs, the conditions of examination and the certificate granted upon the completion of the training period.
The decisions of the Minister in this regard shall be issued after the consultation of the pertinent public institutions. In all cases, the Minister may nominate one or more experts in the affairs of the profession or craft for which training is to be regulated in order to advise him thereon.
Article 51
The Minister of Labour may decide to establish centres for professional training, whether independently or in cooperation with the professional or philanthropic, national, foreign or international entities. The decision issued for the establishment of the centre shall determine the profession for which the training is held, the conditions of admission in the centre, the theoretical and practical programs, the examinations system and the professional certificates and any other provisions necessary for the good operation of the centre.
Article 52
The Minister of Labour and Social Affairs may impose on the establishments, companies and owners of industrial, professional and crafts entities determined thereby, the acceptance for employment of a certain number or percentage of trained nationals and such in accordance with the conditions, situations and terms determined thereby.
Furthermore, the Minister may impose on the establishments, companies, and owners of industrial, professional and crafts entities determined thereby the acceptance for training purposes and the completion of the practical expertise the employment therein of a certain number or percentage of students of industrial and professional institutes and centres, and such in accordance with the conditions, situations and terms agreed upon with the administration of the pertinent establishment.
Source UAE Ministry of Labour
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Gulf News is not responsible for any amendments made to the UAE Labour Law. All labour disputes must go through the Ministry of Labour. This article simply quotes the UAE MOL.
