Dr. Ayman Mohammad Zain
Assistant Professor of Civil Law – College of Law – University of Sharjah
Prof. Alhaj Mohammad Al Doush
Professor of Civil Law – College of Law – University of UAE

Abstract:

This research discusses some of the legal problems facing the employment of people of determination (people with special needs) in general and in the UAE specifically, in accordance with the Law of People of Determination of (2006) – amended (2009)- and in the absence of a clear codification that regulates the conditions and guarantees of employment in the private sector.
The research draws its importance from the increasing global attention to the rights of people of determination in employment, as stipulated in many international laws and covenants. This has called for a research on the position of the UAE legislator regarding this topic, so as to identify and reinforce the positive aspects and point out and redress the negative aspects.
The research aims to show the employment opportunities that people of determination have in the private sector through the relevant laws and legislations in the UAE, and by comparing them with similar experiences locally and globally.
The main issue that this study discusses is that the legal treatment of the employment of people of determination in the private sector in the UAE legislation is almost absent and unregulated, despite various jurisprudence; the regulating legal provisions did not state the employment rates of people of determination in the private sector; the sanctions imposed against bodies that refuse employing this group of people; in addition to the absence of an encouraging element that can push the private sector towards employing people of determination.
This research uses analytical and comparative approaches by bridging between UAE legislation and other comparative legislations, especially English and Indian laws, in an attempt to present innovative and effective solutions that contribute to reducing the suffering of people of determination.
The study concludes that UAE law does not elaborate clearly and precisely on the regulation of the employment of people of determination in the private sector; therefore, it is far from the ideal regulation sought by this significant social group, especially when considering the provisions of Federal Law No. (29) of 2006 in force regarding the rights of people of determination. The research provides various recommendations, the most important of which are calling upon the UAE legislator to strengthen legislation by regulating the supported employment method adopted by the United States in order to qualify people of determination in the actual work environment and so create a partnership between private employers and this group of people.

Keywords: Employment of people of determination, disability, conditions of employment, employment guarantees, UAE Law of people of determination (2006).

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