How the Ministry of Labour (MOL) can inspect your company

What Are the Functions of Labour Inspection?

Running a business means following all kinds of rules and regulations. Local governments around the world have different ways to ensure businesses comply with their set of frameworks. In the UAE, the Ministry of Labour is in charge of overseeing certain company functions such as labour inspection. 

Employee rights are an important part of running a successful business. The Ministry of Labour in the UAE wants to make sure you treat your employees with the respect they deserve. As part of guaranteeing this happens, the Ministry conducts labour inspections. Here is all you need to know about the functions of labour inspection and how it works.

Labour Law in the UAE

The purpose of the UAE labour law is to enhance and enforce employment rights. It can also improve the competitiveness of the UAE – both in terms of attracting new businesses and talent.

Recently, the law saw its biggest change since 1980. These changes included new introductions to things like family leave entitlements, discrimination laws, and non-compete clauses in employment contracts. The Federal Decree – Law No. 33 of 2021 also established new rules regarding part-time and flexible working arrangements. You can learn more about the new labour law here.

What Is Labour Inspection?

Part of the labour law is labour inspections. Labour inspections ensure companies are providing the support and working conditions to employees they claim to give. The MOL carries out periodic inspections to prepare a report and establish its commitment to the law. These are usually carried out by local labour departments, such as the Labour Office in Dubai. 

The rules regarding labour inspections are set out in Article 166 of the Labour Law. It states that only special inspectors attached to the Ministry of Labour have the powers and prerogative to conduct an inspection. Each labour inspector should be carrying a card certifying their status.

Labour inspectors must take an oath before the Ministry of Labour and Social Affairs that they will respect the law, perform their duties honestly and not reveal any industrial secret or invention even after leaving the service. They must treat any complaints they receive as confidential and shall not give any inclinations to the employer or the employer’s representatives about the source of the information.

The Functions of Labour Inspection in the UAE

The purpose of the labour inspection is set in Article 167 of the Labour Law. Here are the inspectors responsibilities:

• Ability to enter any establishment without previous notice at any hour of the day and night barring that the labour inspector visits during working hours.
• Cross-verify all documents to be kept following the law and copy and make extracts from such documents.
• Investigate and interrogate the employer or any of the employer’s workers individually or in the presence of a witness on any matters concerning compliance with the provisions of the law.
• Take samples of material used for or in connection with industrial or other operations if it is deemed that they are adversely affecting the health and safety of workers to perform an analysis in official laboratories.
• Ensure that notices and announcements concerning the labour law are posted up at the workplace.

Inspectors need to carry out the inspections with the following characteristics: 

• Ensuring that conditions of work, remuneration, matters relating to health and safety, and the employment of young persons and women are done in accordance with the law.
• Assuming existing provisions are inadequate to remedy a defect, the labour inspector has the responsibility to notify competent authorities and propose a solution.
• Recording and reporting incidents of employers violating the law.

Employers and representatives of the employer have to permit and support the authorized and licensed labour inspector to carry out investigations at their facilities and disclose any information necessary for the performance of the labour inspectors’ duties.

What Can Happen After a Labour Inspection?

You don’t need to worry that the labour inspector will just show up at your door unannounced. According to Article 172, the labour inspector must notify the employer of his/her presence at the workplace unless he believes the matter that has prompted the inspection requires otherwise.

After the labour inspection, he will draw up a report in the event of any violations of the law and regulations. The report must confirm the violation and then be submitted to the concerned labour department. They will take further actions against the offender as they seem fit.

It’s important to note the inspectors don’t have any say in terms of the outcome of the violations. These are always decided upon by the authorities.

If your business has an issue with the labour inspection or its concluding report, you should contact the authority that performed the inspection.

The Bottom Line

A labour inspection can be a nerve-racking experience for any business owner. But if you’re following the current labour laws and regulations, you won’t have anything to worry about a labour inspection in the UAE.

Make sure your business stays on top of things like employees’ health insurance and payroll to ensure compliance. Bayzat’s technology is always updated regarding the latest developments in the law. You can rest assured your organization is playing by the book when you use our services. To learn more about how we can help, contact us oday.