ARTICLE
21 August 2018

Ministerial Decree Number 43 Of 2018

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Compassion and acceptance is a widely growing element of the regulations around us. They are making the workplaces fairer
United Arab Emirates Employment and HR

Compassion and acceptance is a widely growing element of the regulations around us. They are making the workplaces fairer and accepting of individuals who are at a disadvantage in certain aspects that are beyond their control.

For many years, there has been a collective drive to accommodate for people with disabilities in everyday life. Simple implementations such as ramps by staircases have become a common sight, and while the workplaces and their levels of acceptance have also been growing, there has been less attention here.

There is, of course, the usual array of non-discriminatory laws which prevent employers from forming biases when hiring new employees or treating employees in specific incorrect ways, and this is undoubtedly the case in the UAE.

However, what is less frequent is regulations specifically enacted to help and protect individuals of determination. That looks to be changing in the UAE, with the recently announced Ministerial Decree Number 43 of 2018.

What does this Decree Involve?

Decree Number 43 of 2018 concerns people in positions of physical or mental disability, or people of similar such determination. The regulation looks to ensure fair treatment of employees of this type and provides them with a higher level of job protection.

For these individuals to receive equal accommodation and opportunity, work conditions must be suitably safe and should be up to the required standards; this will ensure that the employees will be able to perform their jobs to the optimum levels that a business might need. On top of this, companies will not be allowed to force an employee to retire due to any form of uncontrollable disability, and they may go on to work until they either reach the appropriate retirement age or in the case that they are unable to perform their work to the required level. On top of this, when looking to employ someone, all candidates should be given equal opportunity to succeed and obtain the job, so long as they meet the requirements.

With these requirements as mentioned above of businesses, this shall ensure equal opportunity and treatment of all workers and should help to prevent abuse of powers towards those of determination.

There is more to the regulation though, as it then further discusses the topic of business set up for those with disabilities. These people should receive the same opportunities to set up a business entity as any other would have without risk of discrimination occurring.

Conclusion

This Decree looks to ensure the fair treatment of all within the UAE, with no level of discrimination permitted. Should one be adequately qualified and capable, there shall be no allowance to discriminate against them, and they should receive equal consideration and at no point should undeserved pressure be put on the individual to retire.

Further, they may have requirements as a result of their conditions, and these should receive accommodation to ensure that they experience a safe and healthy working environment which would also best allow them to perform their work, and there should be no level of abuse tolerated.

Finally, there should be no barriers in place which could prevent such an individual from setting up their own companies.

All in all, the Decree Number 43 of 2018 will further strengthen the employment and work condition regulations within the country and push for higher levels of acceptance and equality within the nation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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