Comments adopted by the CEACR: United Arab Emirates

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. The Committee previously urged the Government to take the necessary measures to bring section 32 of the Federal Act No. 8 of 1980 (Labour Law) into conformity with the Convention, as it only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “work of equal value” provided for in the Convention. The Committee notes with satisfaction that section 32 of the Labour Law was amended by Legislative Decree No.6 of 2020 as follows: “a woman shall be granted an equal remuneration to a man’s remuneration if she performs the same work, or another work of equal value. The Council of Ministers – upon the proposal of the Minister of Human Resources and Emiratization – shall issue a decision which specifies the necessary rules and checks for the evaluation of work of equal value”. The Committee also notes the broad definition of remuneration which encompasses all the emoluments in kind or cash (the UAE minimum wage per month is US$1,361).

The Committee is raising other points in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee asks the Government to provide information on the effective implementation of section 32 of the Labour Law as amended by Act No. 6 of 2020 both in the public and private sectors.

Gender pay gap. The Committee recalls the establishment of a Gender Balance Council in 2015, which is charged with, among other things, monitoring the performance of public and private sector enterprises at the national level in achieving this goal. The Council is also responsible for reviewing the legislation and policies proposed concerning gender balance. The Committee asked the Government to provide further information on the recommendations of this body. The Committee notes that the Government’s report is silent on the activities of the Federal Competitiveness and Statistics Authority and the Gender Balance Council established in 2015 to monitor the performance of public and private sector enterprises at national level in achieving gender equality in the labour market. Therefore, the Committee asks once again the Government to provide information on the recommendations made by the Gender Balance Council to close the gender pay gap between men and women and the role of the Federal Competitiveness and Statistics Authority in achieving this goal. Please, also indicate the actions taken to give effect to the recommendations of the Council.

Public sector. Noting that the Government’s report is silent on this point, the Committee asks once again the government to provide updated statistical information, disaggregated by sex, on the distribution of men and women, in the various pay scales of the federal Government, as well as in other state bodies, agencies and ministries. The Committee also asks the Government to provide information on the practical measures taken or envisaged to promote the principle of equal remuneration for men and women for work of equal value in the private sector.

Article 3. Objective job evaluation. Previously the Committee requested the Government to provide information on the application in practice of the job evaluation system in the public sector and to indicate the measures taken to promote the use of objective job evaluation methods in the private sector. The Committee notes that the documents annexed to the Government’s report provide for job grades and salary grids in the public administration, ranging from directors, senior management to officials’ positions but they do not explain how it is ensured that the job evaluation methods adopted are free from any gender bias, i.e. that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. In this regard, the Committee wishes to stress that one of the most enduring aspects of labour market around the world, at all levels of development, and social, cultural and religious settings, is occupational sex-segregation which accounts for most of the differences in the rewards that men and women garner from employment, the most important of these differences being earnings. In addition, it points out that if job evaluation is to make a positive contribution to resolving wage discrimination and promoting equality, there must be a legal and administrative framework enabling workers to claim equal remuneration on the basis of the assessed value of their jobs, together with a right to claim redress when job evaluation systems have been found to be discriminatory. The Committee requests once again the Government to provide information on the result of the application of this job evaluation system in the public sector, including statistical information, disaggregated by sex, on the categories of personnel in the public sector. It also reiterates its request to the Government to provide information on the measures taken to promote the development and use of objective job evaluation methods in the private sector.

Enforcement. Noting that the report is silent on the activities undertaken to raise awareness on the principle of the Convention among workers and employers and their organizations, as well as the general public, the Committee recalls that, awareness-raising aimed at, or in cooperation with, workers and employers and their organizations generates broader understanding of the principles enshrined in the Convention. The Committee again asks the Government to indicate whether the Wage Protection Bureau or labour inspectors have received complaints regarding unequal remuneration and the outcome of the complaints. Recognizing the difficulties faced by labour inspectors in identifying cases of pay discrimination, or in determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work, the Committee requests the Government to provide information on: (i) the development of specific training programmes to enhance the capacity of labour inspectors to deal with wage discrimination cases and thus monitor compliance with section 32 of the Labour Law; (ii) the measures taken to promote awareness among workers, employers and their respective organizations, as well as among judges, of the application of the principle of equal remuneration for men and women for work of equal value; and (iii) any relevant judicial or administrative decisions and any sanctions imposed for non-compliance with this new section of the Labour Law.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Definition and prohibition of discrimination in employment and occupation. Legislation and practice. The Committee recalls that Federal Law No. 8 of 1980 on the Regulation of Labour Relations (the Labour Law) does not contain a general definition and prohibition of discrimination. Consequently, in its last comment, the Committee urged the Government to take the necessary steps to ensure that future amendments to the Labour Law include a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers, including non-nationals. The Committee takes note of the adoption of Legislative Decree No. 6 of 2019 (amending the Labour Law of 1980), which provides in section 7bis that: “Discrimination shall be prohibited between persons if it weakens equality of opportunity or jeopardizes equality in obtaining or in retaining a job, or in enjoying rights arising therefrom. Discrimination shall also be prohibited in work involving the same tasks”. The Committee also notes the Government’s indication in its report that the prohibition of discrimination on the grounds set out in the Convention will be enacted in new legislation and that a copy of the legislation will be sent to the Office once it has been promulgated. While noting the above amendments of Labour Law No. 8 of 1980, the Committee firmly hopes that the new law announced by the Government will be adopted in the near future and will define and prohibit direct and indirect discrimination based on all the grounds in the Convention with respect to all aspects of employment and occupation (i.e. access to vocational training, to employment and to particular occupations, and terms and conditions of employment). The Committee expects that all workers (i.e. both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy) will be covered.

Discrimination based on sex. Sexual harassment. Legislation. The Committee hopes that the Government will take the opportunity of the new legislation on discrimination that has been announced to: (i) incorporate a comprehensive definition of sexual harassment, applicable to both the public and private sectors; (ii) provide for access to effective remedies; and (iii) prevent and address sexual harassment in employment and occupation by, for example, launching awareness-raising campaigns, encouraging management training on the prevention of sexual harassment and inviting employers to establish formal workplace policies and procedures to deal with sexual harassment. The Government is requested to provide information on any progress made to this end.

The Committee is raising other matters in a request directly addressed to the Government.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. The Committee previously noted that the Standard Employment Contract approved by Minister of Labour Decree No. 764 of 2015 prohibits an employer from assaulting or harassing a worker, including by sexually harassment, in which circumstances a worker may leave without notice and submit a “duly admissible complaint”. Regarding the complaint procedure for sexual harassment, the Government indicated previously that there is no specific procedure or condition for the acceptance of grievances, although complainants can file their cases at one of the “Tasheel” service centres across the country, or via the Ministry of Human Resources and Emiratization. The Committee notes that the Government’s report does not explain the meaning of the expression “duly admissible complaint” on sexual harassment in the context of the Standard Employment Contract. In this regard, the Committee asks the Government once again to: (i) clarify the meaning of the expression “duly admissible complaint” on sexual harassment in the context of the Standard Employment Contract; and (ii) provide information on the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant workers to the “Tasheel” service centres and their outcome.

Migrant domestic workers. The Committee previously noted the adoption of Federal Law No.10 of 2017 to protect domestic workers and asked for information on its practical application. Noting that the report is silent on this point, the Committee asks the Government to provide information on: (1) the number, nature and outcome of complaints (not restricted to gender-based complaints) submitted by migrant domestic workers regarding violations of Act No. 10 of 2017; and (2) any practical measures taken to protect women migrant domestic workers, especially those employed in private households, against discriminatory practices particularly with respect to recruitment and conditions of work, based on race, colour, national extraction and sex.

Article 2. Equality between men and women in employment and occupation. The Committee takes notes of the adoption by the Government of the Strategy for the Empowerment of Emirati Women 2015–2021. The Strategy focus underlines the empowerment of Emirati women in a number of areas, such as education, economy, law-making or decision-making. The Committee recalls that the Gender Balance Guide adopted in 2017 provides a clear frameworks and standards to help employers establish a supportive environment for gender balance by addressing the gaps affecting both men and women, and provides an overview of the opportunities available to promote gender balance within an organization’s management, performance and policy structures. Its final objective is to ensure equal opportunities for both men and women to contribute to the country’s sustainable development, while establishing the United Arab Emirates as a role model for gender balance locally, regionally and internationally. The Committee observes that, according to the Global Gender Gap Report from the World Economic Forum of March 2021: women participation to the labour force in the country is 52.9 per cent for women compared to 94.1 per cent for men; women comprise 21.5 per cent of managerial and senior positions (as compared to 78.5 per cent for men); and 50 per cent of parliamentarians. The Committee asks that the Government provide information on proactive measures taken, particularly within the framework of the Strategy for the Empowerment of Emirati Women 2015-2021, to promote employment opportunities for women in sectors where women remain under-represented, both in the public and private sectors. Please, also provide recent statistics, disaggregated by sex, on the employment of nationals and non-nationals in the various occupations and sectors of economic activity, in order to assess progress made over time.

Family responsibilities. The Committee takes due note of section 30bis of Legislative Decree No. 6 of 2019 which provides that “termination of a working woman’s service or her warning thereof on the grounds of her pregnancy is not authorized because termination of service in this case shall be considered abusive according to section 122 of this law”. It also notes that section 74 of the Legislative Decree specifies that “a male worker shall be granted a paid paternity leave for five days for childcare, […] as of the date of the child’s birth up to six months”. The Committee asks the Government to provide information on: (i) the number of men who have availed themselves of their right to paternity leave since the adoption of the Legislative Decree No. 6 of 2019; (ii) any measures taken or envisaged to promote the take up of paternity leave by fathers; and (iii) any obstacles encountered to increase the numbers of fathers taking such leave. Please provide copies of any studies, reports or information on the impact of the recent take up of paternity leave on the advancement of gender equality, particularly in employment and occupation.

Article 5. Restrictions of the employment of women. The Committee notes that the Federal Act No. 8 of 1980 (Labour Law) was amended in 2020 (Law No. 6). It notes that sections 28 and 29 of the Labour Law, which prohibit night work, and jobs that are dangerous, arduous or detrimental to health or morals of women were not amended. In this regard, the Committee wishes to point out again that, protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, are contrary to the principle of equality of opportunity and treatment between men and women in employment and occupation. As regard Ministerial Order No. 3 of 2009 on work permit, the Committee notes the Government indications that it has annulled all previous circulars and instructions, in particular the provisions requiring women to obtain their husband’s, father’s or guardian’s permission to take up work. The Committee asks once again the Government to ensure that sections 28 and 29 are amended in light of its previous comments that any restrictions on the employment of women should be limited to maternity protection in the strict sense, that is during pregnancy or childbirth and its consequences or nursing, or based on occupational safety and health risk assessments. It also asks the Government to provide a copy of the legislation, which annulled the requirement for women to obtain a work authorization from their husband, father or guardian.

Enforcement and dispute resolution. The Committee asks the Government to provide information on the number and nature of discrimination cases submitted by male and female workers, to the labour inspectorate as well as other responsible bodies and the courts, indicating the penalties imposed and the remedies provided.