Labor Laws
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Question 1: A mentally disabled person, who cannot read, but looks physically perfect, was not hired by an organization for the position of a ‘data entry officer’. The mentally disabled person sued the organization. Who do you think will win the case and why?
The Equality Act 2010 of UAE protects mentally disabled people’s individuals from being discriminated in their ordinary lives. This incorporates numerous individuals with a mental sickness. Discrimination contrasted with other individuals is against the laws of UAE. In the event that you have been discriminated as in the above case, it is considered that you are being victimized. The Equality Act 2010 clarifies what mentally disabled peoples’ are. According to te above case, the person is privilege to get your head honcho to roll out improvements to his case since the law defends him (Zoubeidi et al,. 2010). The Equality Act protects the person from discrimination at work and when you are requisitioning occupations as shown in the above case example. It additionally ensures you when you utilize administrations. No one ought to be victimized in view of their psychological wellness when getting to lodging, instruction or some other services. At times, the Equality Act will likewise ensure careers of individuals with an emotional instability. This mentally disabled person will win the case based on the above facts
Question 2: A man with a criminal history applied for the position of a security officer. His application was rejected. Do you justify the organization or the man for this decision? Why?
Employers such as the above who don’t contract individuals with a criminal record give different purposes behind their approach, including apprehension of risk or hazard, or worry about being sued for “careless employing” if an employee carries out another wrongdoing, or consistence with orders forced by state or government law. While superintendents positively ought to consider a man’s criminal history for the sole purpose of figuring out whether the individual’s conviction records are occupation related, having level bans against utilizing qualified individuals with criminal records constrains the head honcho’s chance to pull in and hold a substantial rate of the workforce who is prepared, spurred, and who has entry to various assets executives could pick up profit from (Forstenlechner, Madi, Selim & Rutledge, 2012). Hence, Law that desires employers to make individualized determinations when considering individuals with criminal histories and that sets models for consider these people, advantages the overall population, executives, and individuals with criminal histories. Individuals with occupations are less inclined to carry out criminal acts. They find themselves able to resume life as gainful individuals from society, nurture themselves and their families, all while adding to the nearby economy and assessment base. However based on the above case, the law of UAE have decided that Title VII of the Civil Rights Act of 2006 disallows head honchos from forcing cover bars to livelihood of individuals with criminal histories. Therefore the organization should be quality of such offence.
Question 3: An old man who has Parkinson’s disease applied for a position as a consultant at Old Homes. His application was rejected. Do you think it’s justified?
As an employer, one can’t victimize a worker who is diagnosed with Parkinson’s disease. The Equality Act of 2010 shields workers from segregation in light of age, inability, sex reassignment, race, religion or conviction, sex, sexual introduction, marriage and common association, and pregnancy and maternity. If an employer terminate or downgrade an employee built singularly with respect to his handicap, you may confront an occupation separation charge. Under the UAE Disability Act, the expression “incapacity” implies a physical or mental debilitation that considerably restrains one or a greater amount of the significant life exercises of an individual or being recorded as having such an impedance. An employee experiencing bipolar issue ought to get days off to conform to the reactions of new prescriptions or go to treatment sessions or regular checkups (Forstenlechner, Madi, Selim & Rutledge, 2012). If the employee’s condition is exacerbated by complex work assignments, she ought to be given extra time to finish the errands. If such facilities are not made, your business may be subject for discrimination. The above case stands that the action of the employer was not justified.
Question 4: A man with a master’s degree was rejected for a position as a trailer driver. However, the man who was hired didn’t even have his high school. The company was sued. Who will win the case?
There are two scenarios in this case, one is that the person holding master’s degree has the right to be employed if he also has the qualifications needed with the same experience as the other one. Here, Article 23 of the labor laws of UAE states that persons with the right qualification or hire should be given first considerations. On the other hand, the individual with no high schools records means he could have had the experience needed as compared t the other one. Here the law will consider the worth person based on experience of work under Article 23 of the Labor Laws (Zoubeidi et al,. 2010).
Question 5: A pregnant woman applied for the position of ‘chemical tester’ in a pharmaceutical factory and was rejected. Can the woman claim against the Pregnancy Discrimination Act?
PDA law states that a women be discriminated based on the state of pregnancy yet she has the will to undertake the task as denoted by her or from the employer. Based on the case above, it is clear that the employer avoided the lady due to her nature of pregnancy therefore, it was note wise to undertake such action hence the employer can be considered liable for the offence. The Pregnancy Discrimination Act (PDA) is a change to Title VII of the Civil Rights Act of 1964. Separation on the premise of pregnancy, labor, or related restorative conditions constitutes unlawful sex discrimination under Article VII. Women prejudiced by pregnancy or related conditions must be dealt with in the same way as different candidates or employees who are comparable in their capacity or powerlessness to work. An executive can’t decline to contract a lady in view of her pregnancy related condition the length of she finds herself able to perform the real capacities of her occupation. As an employer he couldn’t decline to contract her in light of its preferences against pregnant laborers or due to the biases of coworkers, clienteles, or clients. The PDA additionally restricts discrimination in view of pregnancy regarding some other part of business, including pay, work assignments, promotion and pay.
However, the United Arab Emirates Labor Law under Article 29 states that women dispute any state of theirs may not be employed when the Jobs are harmful, risky or detrimental to their health. Therefore, the Article defends the employer. And for these case I consider that the lady would loss the case.
References
Abdalla, I. M., Al‐Waqfi, M. A., Harb, N., Hijazi, R. H., & Zoubeidi, T. (2010). Labour policy and determinants of employment and wages in a developing economy with labour shortage. Labour, 24(2), 163-177.
Forstenlechner, I., Madi, M. T., Selim, H. M., & Rutledge, E. J. (2012). Emiratisation: determining the factors that influence the recruitment decisions of employers in the UAE. The International Journal of Human Resource Management, 23(2), 406-421.
http://www.dsg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf
