Equal Remuneration Convention, 1951 (No. 100) - United Arab Emirates (Ratification: 1997)

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.

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Gender pay gap. In its report the Government informs the Committee that a Gender Balance Council was established in 2015 in order to give effect to the principle of gender balance in the labour market. The Council is among others, charged with monitoring the performance of public and private sector enterprises at national level in achieving this goal. The Council is also responsible for reviewing the legislation and policies proposed concerning gender balance. As regard the reduction of the gender pay gap (both in the private and public sectors), the Government indicates that the Committee’s request has been sent to the relevant authorities, including the Federal Competitiveness and Statistics Authority and the Gender Balance Council and these latter have not reported on this point yet. The Committee asks the Government to keep it informed of the recommendations made by the relevant authorities, including the Gender Balance Council, to reduce the gender pay gap.

Public sector. In order to determine the extent and the nature of the gender pay gap in the public service, the Committee requested the Government: (i) to provide information, including recent up-to-date statistics disaggregated by sex, on the distribution of men and women, nationals and non-nationals, in the various pay scales of the federal Government, as well as in other state bodies, agencies and ministries; (ii) to clarify the meaning of “main posts” and “service posts” in the civil service; and (iii) 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, including through measures aiming at assisting workers in reconciling work and family responsibilities, or addressing occupational gender segregation of the labour market. According to the statistics provided by the Government, the Committee notes that in 2017: (i) the number of women working in leadership and supervisory categories in the public sector reached 2,875 (5 per cent) employees out of a total of 56,054 employees, man and women; and (ii) women constituted 65 per cent of the total number of persons receiving a promotion. In addition, the Committee notes the information provided by the Government concerning job designation categories which clarifies the meaning of “main posts” and “service posts” in the civil service. The main posts include the supervisory, executive and professional categories, whereas the service posts are the auxiliary category. Although it welcomes the information provided by the Government, the Committee notes that it does not allow it to assess the progress made in reducing the pay gap between man and women, both in the public and private sector. In this regard, it wishes to recall that it is particularly important to have complete, reliable and recent statistics on remuneration for men and women to formulate, implement and then evaluate the impact of the measures taken to eliminate pay gaps (see the 2012 General Survey on the fundamental Conventions, paragraphs 887–889). Consequently, in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention, the Committee asks the government to provide the fullest possible statistical information, disaggregated by sex, with regard to the following: (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education or qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

Article 3. Objective job evaluation. While welcoming the steps taken by the Government to establish an objective job evaluation system for the federal Government, the Committee requested the Government, in its previous comment, to indicate how it is ensured 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, and are free from gender bias; and to indicate the measures taken to promote the development and use of objective job evaluation methods in the private sector. The Committee notes the Government’s indication that the Human Resources Law, No. 11 (2008), which covers all workers in the federal Government, has been amended pursuant to Federal Legislative Decree No. 17 (2016). Thus article 18 now provides that: “the employment grade of a job in the federal Government is determined in accordance with the mechanism established by the job evaluation and description system adopted by Cabinet decision”. Regarding the salary, bonuses and allowances scale, article 20 of the amended Law stipulates that grades and salary scales shall be adopted in accordance with the following principles: (i) each job is assigned a grade and assignment of the grade is linked to the job; (ii) jobs shall be evaluated and described in accordance with a system to be issued by the Cabinet upon the recommendation of the Authority. While noting that, according to the Government, gender does not influence the determination of the wage or level of the post, 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 is earnings. As highlighted in its 2012 General Survey on the fundamental Conventions, some of the underlying causes of pay inequality have been identified as the following: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities (paragraph 712). It is therefore crucial that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias – either directly or indirectly. In addition, the Committee wishes to stress 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 (paragraph 701). The Committee requests the Government to provide information on the application in practice of this job evaluation system in the public sector, including statistical information, disaggregated by sex, on the categories of personnel in the public sector. The Committee also reiterates its requests 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. The Committee requested the Government to raise awareness, among the competent authorities and among workers and employers and their organizations, of the relevant legislation, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay; and encouraged the Government to undertake an evaluation of the effectiveness of the complaints procedures, including any difficulties encountered by women, in seeking judicial remedies with regard to cases of unequal pay for work of equal value, and to report on any steps taken in this regard. The Committee notes the Government’s indication that copies of the Convention and the Committee’s observations were sent to law enforcement and judicial bodies to promote the principle of equal remuneration. In addition, labour inspectors have undergone intensive training courses covering among others, the provisions of the Labour Law regarding wages and the principle of equal remuneration for work of equal value, as well as the collaboration between the labour inspection and the Public Prosecutor and judicial enforcement officers. 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 wishes to highlight 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 asks the Government: (i) to indicate whether the Wage Protection Bureau, or labour inspectors have received complaints regarding unequal remuneration and the outcome of the complaints; (ii) to continue providing information on the steps taken to increase the capacity of labour inspectors, judges and other relevant officials to identify and address cases of unequal remuneration between women and men; (iii) to promote and ensure the principle of the Convention through a range of proactive measures adapted to the national context, in cooperation with the social partners; and (iv) to provide information on any study or evaluation undertaken to assess the effectiveness of the complaint’s procedures, including any difficulties encountered by women, in seeking judicial remedies with regard to cases of unequal pay for work of equal value, and to report on any steps taken in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to take the necessary measures to bring section 32 of the Federal Act No. 8 of 1980 on Regulation of Labour Relations 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 “equal value” provided for in the Convention. The Committee notes the Government’s indication that a draft legislation of the Labour Relations Regulation is still under consideration by the competent national legislative bodies that will take into account the Committee’s comments. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee therefore urges the Government to take the necessary measures to amend section 32 of Federal Act No. 8 of 1980 to capture the concept of “work of equal value” so as to ensure the effective application of the Convention. Please, provide information on the progress made in this regard.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that significant differences exist in wages of male and female employees. According to the 2009 Labour Force Survey (National Bureau of Statistics), the monthly median wage of paid female employees was 2,000 United Arab Emirates dirham (AED) compared to AED3,500 for male employees (or a gender wage gap of 42.86 per cent) and the monthly mean wage for female employees was AED5,550.97 compared to AED7,917.57 for male employees (or a gender wage gap of 29.9 per cent). The data further show a significant wage difference between nationals and non-nationals with a monthly median income of AED18,000 for national employees compared to only AED2,500 for non-nationals; the mean monthly wage for nationals was AED20,557.50 compared to AED5,813.08 for non-nationals. The Committee notes that the National Bureau of Statistics estimated the national population in 2010 to be 947,997 (479,109 men and 468,888 women) compared to a non-national population of 7,316,073 (6,161,820 men and 2,102,250 women). The Committee requests the Government to collect and provide up-to-date statistical data, disaggregated by sex, showing an evolution of the gender wage gap over time in the various economic sectors and occupations, covering both the national and non-national population. The Committee also requests the Government to undertake measures to reduce the gender pay gap, including measures to examine its nature, extent and causes, and to report on the progress made.

Application of the principle in the public service. The Committee notes from the Government’s report that, in 2014, 38.76 per cent of the employees in the main and service posts in the federal Government were women. Of these, 44.9 per cent were employed in Main posts while only 4.81 per cent were in Service posts in the federal Government. Statistical data provided by the Government in October 2012 further indicate that 57.6 per cent of women civil servants were employed in the Ministry of Education (12,711 women compared to 5,607 men) and 30 per cent in the Ministry of Health (6,632 women compared to 2,678 men). The Committee further notes Cabinet Resolution No. 23 of 2012 endorsing the salary scales, inclusive bonuses and allowances for nationals and non-nationals in the federal Government. According to the Government, Federal Decree No. 11 of 2008 relating to human resources in the federal Government does not distinguish between civil servants on the basis of nationality or gender as it defines a civil servant as “any person” who occupies one of the posts referred to in the budget. In order to determine the extent and the nature of the gender pay gap in the public service, the Committee requests the Government to provide information, including recent up-to-date statistics disaggregated by sex, on the distribution of men and women, nationals and non-nationals, in the various pay scales of the federal Government, as well as in other state bodies, agencies and ministries. Please also clarify the meaning of “Main posts” and “Service posts” in the civil service. The Committee further requests 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, including through measures aiming at assisting workers in reconciling work and family responsibilities, or addressing occupational gender segregation of the labour market.

Article 3. Objective job evaluation. The Committee notes the Council of Ministers’ Decision No. 28 of 2013 regarding the approval of the job evaluation and job description system for the federal Government, and the Guideline for Development and Review of Job Description and Evaluation of Federal Government Jobs and the Guidance Manual on Job Description and Evaluation Policy developed for this purpose by the Federal Authority for Government Human Resources. The Committee notes that posts were classified in 20 categories involving a job analysis and description for different jobs, taking into account criteria such as job dimensions, responsibilities, qualifications, experience, technical and behavioural competencies and knowledge and skills. According to the Guideline, the system is based on a unified job evaluation system for ministries and federal government entities that includes clear and accurate criteria, including responsibility, knowledge, and the formation of job evaluation committees responsible for weighing and evaluating the job size. The Government indicates that gender does not influence the determination of the wage or level of the post as reflected in the uniform wage scale for all civil servants established without discrimination based on sex. The Committee recalls that in the job evaluation processes, skills considered “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills such as heavy lifting. While welcoming the steps taken by the Government to establish an objective job evaluation system for the federal Government, the Committee requests the Government to indicate how it is ensured 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, and are free from gender bias. The Committee also requests the Government to indicate the measures taken to promote the development and use of objective job evaluation methods in the private sector.

Enforcement. The Committee notes the Government’s indications that no complaint regarding unequal remuneration or discrimination in remuneration was received, based on the records of the Wage Protection Bureau, labour inspection reports or reports dealing with the settlement of disputes. The Committee recalls that where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights or of the principle of equal remuneration for work of equal value, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed. The Committee requests the Government to raise awareness, among the competent authorities and among workers and employers and their organizations, of the relevant legislation, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay. The Committee encourages the Government to undertake an evaluation of the effectiveness of the complaints procedures, including any difficulties encountered by women, in seeking judicial remedies with regard to cases of unequal pay for work of equal value, and to report on any steps taken in this regard.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls that section 32 of Federal Act No. 8 of 1980 on Regulation of Labour Relations only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the draft legislation is still under examination but that the proposed amendment (section 33) provides that “a woman shall be entitled to equal remuneration with a man, if she performs work of equal value. Any discrimination which is likely to weaken equal opportunity or jeopardize the equality of women in obtaining and continuing in a job; or in enjoying her rights shall be prohibited. For the purpose of this section, the dismissal of a female worker because of change in family status; pregnancy; delivery; or maternity shall be prohibited”. Recalling that it has been raising this issue for a number of years, the Committee trusts that the draft amendment will soon be adopted and will reflect fully the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and requests the Government to provide information on the progress made in this regard.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. The Committee recalls that section 32 of the Federal Act No. 8 of 1980 regulating employment relationships only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the draft legislation is still under examination but that the proposed amendment (section 33) provides that women and men have the right to equal remuneration for work of equal value. The Committee trusts that the draft amendment will soon be adopted and will reflect fully the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and asks the Government to provide information on the progress made in this regard, as well as to provide a copy of the amended text.

Application in the civil service. The Committee notes from the Government’s report that 45.8 per cent of employees in the State sector are women (38 per cent in state bodies and agencies and 46 per cent in federal ministries). It also notes the 2009 data on the number of persons (citizens and non-citizens) occupying posts of leadership and supervision in state bodies and agencies, as well as federal ministries. However, as previously indicated, such data needs to be disaggregated by sex and indicate corresponding earnings so as to enable the Committee to assess the real nature and extent of pay differentials in the civil service, or whether any progress has made in reducing such differentials. The Committee therefore urges the Government to increase its efforts to collect and provide statistical data, disaggregated by sex, on the distribution of men and women in the various grades of the civil service, with the corresponding salaries of employees working in State bodies and agencies and federal ministries.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s clarification that an evaluation of the classification of jobs in the civil service was undertaken in accordance with Order No. 5 of 1991 by the Council of Ministers, which includes 5 job groups divided into categories. Work is also under way in collaboration with the executive office of the Gulf Cooperation Council Countries, to update the system of classification and description of civil service posts to suit international classification. The Committee reminds the Government that whatever methods are being used for the objective evaluation of jobs in the civil service, particular care must be taken to ensure that they are free from gender bias. The Committee asks the Government to provide information on the progress made in updating the system of classification and description of civil service posts, the method of job evaluation used and the measures taken to ensure that the method itself is free from gender bias and that remuneration rates are being established without discrimination based on sex. Please also provide information on any measures taken or envisaged to promote the objective evaluation of jobs in the private sector.

Application in the private sector. The Committee notes that the average income of female employers and self-employed workers is 58.58 per cent of that of male employers and self-employed workers. The average income of female salaried workers is 72 per cent of that of male salaried workers. The Committee further notes the statistical data on the average income by occupation (Manpower Survey, 2008, Ministry of the Economy), which are not disaggregated by sex and do not make it possible to assess any existing income differentials between men and women. The Committee also notes that the Government will send the results of the survey on recruitment, wages and working hours in the private sector, along with a copy of the report on the “Manpower Survey, 2009”, as soon as they become publicly available. The Committee looks forward to receiving the results of the survey on recruitment, wages and working hours as well as of the Manpower Survey, 2009, and asks that the fullest possible statistical data be provided, disaggregated by sex, on the remuneration levels of men and women in the various occupations and sectors of the economy. The Committee further asks the Government to provide information on any 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.

Cooperation with workers’ and employers’ organizations. The Committee reiterates its request to the Government to indicate more specifically any activities seeking the cooperation of organizations representing the workers and the employers with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee notes the information on the mechanisms established by the Ministry of Labour through which workers can communicate and submit their complaints, including the workers dispute division and the call centre. It notes in particular that the Workers’ Guidance Department (Ministerial Order No. 551 of 17 May 2009) has the mandate to raise awareness on the labour legislation, as well as on ratified international conventions, to provide guidance to workers and employers on the Ministry’s procedures and policies, to prepare guidance material on inspection, the relevant legislation and policies, and to improve the relationship with the social partners. The Committee notes that awareness raising and guidance activities have been undertaken by the Workers’ Guidance Department, in collaboration with employers’ organizations and professional associations, the General Women’s Federation, the Human Rights Office and others, including some targeting women workers. In addition, a number of workers’ welfare offices have been established which can receive complaints and queries, monitor negative trends, organize awareness raising and disseminate materials and undertake field visits. With respect to labour inspectors, the Committee notes the general training programme for labour inspectors and the intention of the Government to publicize a training manual for labour inspectors, in collaboration with the ILO, on the indicators pointing to cases of discrimination, sexual harassment and forced labour in the workplace, and the manner in which these should be addressed. With regard to wage disputes and wage discrimination based on sex, the Government indicates that no complaints were received in this regard and that complaints mostly related to non-payment or irregular payment of wages. The Committee asks the Government to provide information on the following:

• (i) the specific activities undertaken by the Workers’ Guidance Department and the workers’ welfare offices to promote and ensure the application of equal remuneration for men and women for work of equal value, including awareness raising and publication of materials on equal remuneration, and any complaints received regarding unequal remuneration;
• (ii) targeted training on the principle of the Convention, for labour inspectors and others involved in enforcement, and on the impact of such training; and
• (iii) any administrative or judicial cases relating to equal remuneration between men and women, including the outcome of such cases.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative framework. The Committee, referring to its previous comments, recalls that section 32 of the Federal Act No. 8 of 1980 regulating employment relationships only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the revision of section 32, which is still ongoing. The Committee urges the Government to take the necessary steps to make progress in the revision of section 32, which it hopes will fully reflect the principle of equal remuneration for men and women for work of equal value. The Government is requested to provide information on the progress made in this regard.

Application in the civil service. The Committee notes the statistical tables on the grades and salaries of employees working as public officials in the civil service, which are not disaggregated by sex, as well as the statistics of 2008 on the distribution of male and female public officials at the different ministries. While appreciating the statistics provided, the Committee would be grateful if the Government could provide an indication of the distribution of men and women in the various grades with their corresponding salaries of the employees working in the civil service, indicated in the statistical tables provided.

Objective job evaluation. The Committee notes the manual on the classification of jobs in the public service issued by the Department of Staff Affairs at the State Ministry. The Committee notes that the manual identifies the job category, title and grades of the posts, as well as the educational classifications required. However, neither the Manual nor the Government’s report indicate which method based on objective criteria has been used to classify the different posts and grades, nor do they indicate how it has been ensured that the selection of factors of comparison, the weighing of such factors and the actual comparison, is free from gender bias and not inherently discriminatory based on sex. The Committee asks the Government to indicate which method of objective job evaluation has been used for classifying jobs in the civil service. Please also provide information on the measures taken or envisaged to promote the objective evaluation of jobs in the private sector.

Application in the private sector – statistics. The Committee notes the detailed statistical tables of migrant workers and citizens, disaggregated by sex, according to occupation, educational level or sector of activity (2005–07), and those following the population Census of 2005 on employed citizens and non‑citizens. However, the statistics do not provide any indication of the remuneration levels of persons employed. The Committee notes in this regard the Government’s indication that the survey on recruitment, wages and working hours in the private sector was to be finalized by the end of 2008. The Committee asks the Government to provide a copy of the survey with its next report. Recalling further its 1998 general observation and its previous comments regarding the type of statistics needed to determine the nature and extent of differences in remuneration between men and women, the Committee encourages the Government to take further steps to collect the fullest possible statistical data on remuneration levels of men and women in the private sector, and report on the progress made in this regard.

Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report regarding the consultations between government officials and the Federation of Chambers of Commerce and Industry (representing the employers) and the Coordination Committee of Professional Associations Operating in the Country (representing the workers). While appreciating these initiatives, the Committee would be grateful if the Government would indicate more specifically how these and other activities have contributed to the effective promotion of the principle of the Convention.

Enforcement. The Committee notes the Government’s indication that no complaints were submitted to the labour inspectorate concerning wage inequalities between men and women because the Ministry of Labour immediately intervenes when disparities occur. The Committee recalls that the absence of complaints on pay inequalities may also result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers or from difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention. It also asks the Government to indicate the specific steps taken by the Ministry of Labour in coordination with the private sector where wage disparities have been found, to provide information on any administrative or judicial cases relating to wage discrimination based on sex, including the outcome of such cases.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative framework. Work of equal value. The Committee has been noting for a number of years that section 32 of Federal Act No. 8 of 1980 regulating employment relationships, which states that “a woman’s remuneration shall be equal to that of a man if she performs the same work”, is narrower than the principle laid down in the Convention, since it does not include the key concept of “work of equal value”. The Committee notes the Government’s indication that this section is under review, and that in this process, consideration will be given to widening the concept in line with the Committee of Experts’ comments. In this context, the Committee draws the Government’s attention to its general observation of 2006 on this Convention, which notes that where legal provisions are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urged governments to take the necessary steps to amend their legislation: “Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee urges the Government to ensure that in the process of revising section 32, the concept of work of equal value is included, and asks the Government to keep the Committee informed of progress made in this regard.

2. Application in the civil service. The Committee had requested information on the measures taken to inform male and female civil servants of their equal access to all levels and grades. The Committee notes the Government’s response that this is ensured through the distribution of circulars issued by the competent authority. The Committee asks the Government to provide details regarding the content of these circulars and how they promote equal remuneration for men and women for work of equal value, and to provide any other information on measures taken to ensure the application of the principle of the Convention in the civil service.

3. Objective job evaluation. The Committee notes that the Government is currently considering setting standards in the public service for the determination of equal remuneration for work of equal value, which would take into account qualifications, on-the-job training received, the nature of the work, requirements of the job, difficulties of the job, as well as productivity and production. The Committee recalls the importance of objective job evaluation, in particular in establishing whether jobs of a different nature are of equal value. The Committee hopes that the process being considered by the Government will permit the comparison of not only the same or similar jobs, but also of jobs of an entirely different nature. The Committee also recalls its 2006 general observation where it cautioned that care must be taken to ensure that job evaluation methods are free from gender bias, and that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. The Committee asks the Government to keep it informed of the status of the process of introducing objective job evaluation methods in the public service, and of any measures taken or envisaged to promote objective job evaluation in the private sector.

4. Cooperation with workers’ and employers’ organizations. In its previous comment, the Committee noted tripartite initiatives that had been taken in promoting the principle of the Convention. The Committee asks the Government to provide additional information on these activities and the results achieved, as well as on any further tripartite initiatives taken.

5. Enforcement. The Committee notes that according to the Government, the Ministry of Labour has issued instructions for labour inspectors to verify in undertakings whether men and women are receiving the same salary for work of equal value, with respect to job requirements and production. The labour inspectors are also to provide advice and guidance to undertakings where disparities in salaries are found. Where wage disparities are found, the Ministry then gets involved, in coordination with the private sector, and through training and information programmes. The Committee asks the Government to provide information on any complaints that have been made to the labour inspectorate concerning equal remuneration between men and women, as well as on any relevant investigations initiated by the labour inspectors themselves, and how these have been handled including the findings and any remedies provided or sanctions imposed. The Committee also asks the Government to provide information on the specific steps that the Ministry of Labour has taken in coordination with the private sector where wage disparities have been found. Please also provide information on any administrative or judicial cases relating to wage discrimination, including the outcome of such cases.

6. Statistical information. The Committee notes that the Government has provided statistical information on the number of women and men at the various grades of the civil service, but that no statistics are provided for remuneration levels disaggregated by sex. The Committee notes further the Government’s statement in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Ministry of Labour is currently undertaking a survey for the collection of information on women’s employment in the private sector according to occupations, and the level of wages. In this context, the Committee draws the Government’s attention to its 1998 general observation on this Convention, asking that statistical information, disaggregated by sex, be collected with respect to the following:

(i)         the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area;

(ii)       statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

7. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis
(e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month). Noting the importance of collecting and analysing statistics concerning the remuneration received by women and men in order to assess the nature and extent of the differences in remuneration between women and men in all job categories and in different sectors, the Committee asks the Government to continue to take steps to ensure that it is able to provide the Committee with the fullest possible statistical information in its next report. Please indicate any progress made in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Allowances in the civil service. The Government states that the Federal Civil Service Act No. 21 of 2001 provides for equal wages, allowances, and other emoluments. The Council of Ministers had promulgated a number of orders regarding allowances and emoluments in the civil service, such as a social emolument, children’s allowance, a living index allowance, and allowances for certain qualifications, housing allowance, and a travel and mobility allowance. The Committee asks the Government to provide the texts of the orders regarding these allowances and emoluments.

2. Work of equal value. The Committee recalls that section 32 of Federal Act No. 8 of 1980 regulating employment relationships provides that a woman’s remuneration shall be equal to that of a man where she performs the same work. The Committee has previously pointed out in respect to this provision that the Convention requires the Government to promote and ensure the principle of equal remuneration not only in respect to men and women doing the same type of work, but also in respect to men and women engaged in different types of work but which are nevertheless of equal value when analysed and compared on the basis of objective criteria such as skills, efforts, and difficulty.

3. The Committee notes the Government’s statement that section 32 of Federal Act No. 8 provided for equal remuneration for men and women for work of equal value in practice. However, the examples given by the Government by way of illustration, such as equal remuneration of male and female doctors or male and female teachers, while welcome, indicate a limited approach as compared to the principle set out in the Convention. Under the Convention, a comparison of the remuneration earned by men and women performing different occupations or professions should be possible if the work performed is of equal value. The Committee therefore once again urges the Government to bring section 32 of Federal Act No. 8 into greater conformity with the Convention and recalls that the Government may wish to avail itself of technical assistance by the ILO to this end.

4. Application of the Convention in practice. The Government states that the Federal Civil Service Act provided for equal access of men and women to the different levels and grades and that special information had been prepared to inform men and women occupying various grades in this regard. The Committee asks the Government to supply information on the numbers of women and men employees occupying each level and grade in the civil service and their earnings. Please also provide additional information on the measures taken to inform male and female civil servants of their equal access to all levels and grade.

5. The Committee thanks the Government for providing statistical information regarding average monthly wages of workers registered with the Ministry of Labour and Social Affairs by 31 December 2003. It notes that for a certain number of registered employees no indications are available in respect to their sex and wages. Nevertheless, the Committee notes that, according to the information available, women’s average wages are lower than men’s in some occupational groups, while in others they are higher. The Committee asks the Government to make every effort to collect and supply to the Committee complete statistical information on the remuneration received by men and women in the various occupational categories and also on the composition of earnings.

6. Article 3 of the Convention. Objective appraisal of jobs. The Committee notes the Government’s statement that the classification of posts and the determination of wages in the civil service were based on the scientific qualifications required, the duties of the job, professional experience, as well as capacity and skills. The Committee observes that these are objective criteria which are hopefully applied equally to men and women without regard to sex or sex-stereotypes. In regard to employment other than the civil service, the Committee recalls the usefulness of putting in place some system for the objective evaluation of jobs in order to avoid remuneration being fixed on the basis of stereotypical assumptions with regard to men’s and women’s work. This is particularly important in order to avoid the under-evaluation of jobs in sectors which are dominated by either sex. The Committee therefore reiterates its request to the Government to provide information on the manner in which it promotes the adoption of methods for the objective appraisal of jobs on the basis of the work to be performed in the private sector.

7. Article 4 of the Convention. Cooperation with workers’ and employer’s organizations. The Committee notes that awareness with regard to equal pay of men and women was raised through reviewing the application of the relevant standards at a tripartite level, as well as through workshops, training sessions, and technical symposia. The Committee would appreciate receiving additional information on these activities and the results achieved, as well as on whether the issues raised by the Committee had been discussed in this context.

8. Part III of the report form. Labour inspection. The Committee notes that the Ministry of Labour and Social Affairs is undertaking regular training sessions for female and male labour inspectors and that the Government endeavoured to create a competent labour inspectorate, including with regard to international labour standards. Labour inspectors had not yet found any case of wage discrimination on the basis of sex. Please continue to provide information on the activities of the labour inspection services with regard to ensuring equal remuneration of men and women for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in this and last year’s reports, and attached legislation and statistical tables.

1. Article 1(a). Further to its previous direct request, the Committee notes the Government’s explanations with respect to additional payments excluded from the basic wage, and in particular its confirmation that the term remuneration includes "the basic and ordinary wage and all the emoluments and other benefits paid by the employer to a worker, whether directly and indirectly, in return for his or her work, and without discrimination based on sex".

2. Article 1(b). With respect to section 32 of Act No. 8 of 1980 regulating employment relationships which provides for equal remuneration for men and women for the same work, the Committee notes the Government’s explanation that section 32 applies to equal work as well as to work of equal value. The Government also declares that in practice equal remuneration for men and women is being attained in all cases in similar work, and in work of equal value, without any discrimination based on sex. The Committee asks the Government to provide the concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed in the same establishment, but also to discrimination that may arise out of the existence of occupational categories and jobs reserved for women. In this regard, it also refers the comments made under point 9 of this direct request. Recalling also Paragraph 3(1) of Recommendation No. 90, the Committee urges the Government to consider giving legal expression to the language in Article 1(b) of the Convention.

3. The Committee notes that Federal Act No. 8 of 1980 was amended by Federal Act No. 24 of 1981 to cover also temporary workers and workers employed in small enterprises of a maximum of five workers. It notes, however, that domestic workers and workers of a similar occupation continue to be exempted from Federal Act No. 8 of 1980 and are covered by the Act on Civil Operations. Noting also that a model contract exists for this category of workers that includes a reference to wages, the Committee would be grateful if the Government would supply a copy of the Act on Civil Operations and of the model contract of employment used for domestic workers. It also asks the Government to indicate how the principle of equal remuneration for men and women is applied to domestic workers and workers of a similar occupation.

4. Articles 2 and 3. The Committee notes that according to section 8 of that Federal Act No. 21 of 2001, the Council of Public Service may suggest special rules on wage and salary policies, and it would be grateful if the Government would supply copies of such special rules issued by the Council of Public Service. Noting that the Government indicates that an evaluation of jobs is made in an objective and continuous manner through the competent authorities and within the ambit of the general principle of equality enshrined in the Constitution, the Committee asks the Government to provide information on the criteria used for the classification of posts and determination of salaries in the public service, and to indicate the manner in which the objective evaluation of jobs in the public service is ensuring equal pay for work of equal value. The Committee notes the table annexed to Act No. 21 setting the monthly salaries of public servants ranging from administrative assistant (grades 14 to 11), middle management (grades 7 to 10), senior management (grades 3 to 6) to the most senior-level management (including grade 2 and 1 advisers, assistant to the Director-General and the Director-General). It asks the Government to provide information on the numbers of men and women employees occupying each level and grade.

5. The Committees notes that according to section 63 of Federal Act No. 8 of 1980, the minimum rate of remuneration and the cost of living allowance payable either generally or in the case of a particular area or occupation shall be fixed by decree on the basis of a proposal made by the Minister of Labour and Social Affairs, and after consulting the competent authorities and the workers’ and employers’ organisations. It would be grateful if the Government would supply copies of any such decrees, adopted and to provide information on the methods used by the Minister of Labour and Social Affairs and the social partners for determining minimum rates of remuneration and for ensuring that equal remuneration for work of equal value is applied in decrees fixing minimum rates of remuneration.

6. Further to the above and with reference to its previous request for information on the methods used for the evaluation of jobs and the measures taken or envisaged, the Committee notes the Government’s statement that equal remuneration for work of equal value is ensured through the supervision, revision and certification of all employment contracts in the private sector by a special division within the Ministry of Labour and Social Affairs, before their adoption. While noting the value of this system of supervision for the implementation of section 32 of the Act No. 8 of 1980, the Committee, nevertheless, has to point out that under the terms of Articles 2 and 3 of the Convention, some system has to be in place for the objective evaluation of jobs in which women predominate, alongside those in which men predominate with a view to identifying and correcting cases of wage discrimination that are based on stereotypical perceptions or sexist prejudices which lead to an under-evaluation of jobs principally occupied by women. It, therefore, hopes that the Government will provide information, in its next report, on the manner in which it identifies and eliminates wage differences that may exist in practice between men and women for work of a different nature but of equal value.

7. The Committees notes that regular consultations are being held between the Government and the workers’ and employers’ organizations on matters related to international labour standards, and asks the Government to supply information on the manner in which these consultations are promoting equal pay for men and women for work of equal value.

8. Noting the Government’s statement that the cases reported by the labour inspection mostly concern delays in the prompt payment of wages, the Committee draws the attention of the Government to the fact that due to the lack of knowledge amongst labour inspectors on questions concerning equal pay for work of equal value or the lack of specialized staff, including women inspectors, wage inequalities between men and women may be less easily detected and reported. The Committee asks the Government to indicate whether any measures have been taken or envisaged to strengthen the capacity of the labour inspectors to report on wage inequalities between men and women, for example, by holding courses on international labour standards, particularly on Convention No. 100, or gender equality courses in the context of the inspectors’ training programme. It asks the Government to keep it informed of any cases of wage discrimination detected by the labour inspectorate and by the special unit of the Ministry of Labour and Social Affairs that is responsible for supervising individual employment contracts.

9. The Committee notes the statistics provided by the Government on the wages of women and on the economically active population according to occupation, which is not disaggregated by sex. It also notes the Government’s statement that there are no wage inequalities in the public and mixed sectors because wages are determined according to job level and stage. While fully appreciating the statistical data provided, the Committee recalls that in order to assess the manner in which the Convention is applied in practice, it is necessary to make a comparison between the wages received by men and those received by women, according to their level of occupation. It also recalls that implementing the principle of equal remuneration for work of equal value will necessarily involve difficulties, even when it is generally accepted, because of the complex and evolving nature of the problem and the equivocal character of the various forms of wage discrimination. Noting that the Government indicates that the information on the average earnings of women and men in the private sector will be available in the future, the Committee hopes that the Government will supply this information, in its next report, as well as any other relevant data, disaggregated by sex, in accordance with the 1998 general observation, in order to permit an adequate evaluation of the nature, scope and causes of any wages differences between men and women.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It asks the Government to provide further information in its next report on the following matters:

1.  Article 1(a) of the Convention.  The Committee notes that the definition of remuneration given in Act No. 8 of 1980 regulating employment relationships is largely in conformity with the Convention. However, the Convention also covers all emoluments, including additional payments and other benefits, such as housing allowances, etc. The Committee notes that, according to the report, additional payments not included in the employment contract are not considered as part of wages. It asks the Government to indicate whether such additional payments are common in practice, and the means used to ensure that such payments do not give rise to discrimination based on sex.

2.  Article 1(b). The Committee also notes that section 32 of Federal Law No. 8 of 1980 regulating employment relationships provides that a woman’s remuneration shall be equal to that of a man where she performs the same work. The Committee however wishes to draw the Government’s attention to the fact that the principle set out in the Convention goes beyond a reference to identical or similar work and that equal remuneration for men and women workers has to be understood as being for work of equal value. While the Convention does not require the reaffirmation of this principle as such in national legislation, the corresponding Recommendation (No. 90) states in paragraph 3(1) that "where appropriate in the light of the methods in operation for the determination of rates of remuneration", provision should be made by legal enactment for the general application of the principle. It is therefore important, in addition to the establishment of machinery for fixing wages, which is based on totally objective criteria exempt from discriminatory considerations, to include in the national legislation a definition of the principle of equality which is in conformity with the Convention.

3.  The Committee notes that temporary workers, domestic workers and workers in establishments normally employing a maximum of five employees are excluded from the scope of Law No. 8 of 1980. It asks the Government to indicate the manner in which the Convention is applied to these workers.

4.  Articles 2 and 3.  The Committee notes the Government’s indications that the legislation applicable to public servants provides for an objective evaluation of jobs in the public service, without discrimination between men and women and enabling full equality of opportunities, with the only criteria being technical competence, expertise and other qualifications. This legislation concerning the conditions of employment in the public service is not, however, attached to the report. The Committee would be grateful if the Government would indicate the applicable legislative texts, the competent bodies and the methods used for the evaluation of jobs, and if it would provide copies with its next report.

5.  The Committee notes the Government’s statement that wages in the private sector depend exclusively on employment contracts concluded individually, as a function of the situation in the labour market, with the obligation to respect the principle set forth in section 32 of Law No. 8 of 1980. The Committee wishes to draw the Government’s attention to the fact that, where job evaluation techniques use market wage rates to establish the relative weights of factors, these weights will tend to reflect the historical discrimination that exists in the labour market, resulting from sexist prejudices or stereotypical perceptions, which leads to an under-evaluation of jobs principally occupied by women. It is for this reason that the Committee recommends the establishment of systems for the evaluation of jobs in which women predominate, alongside those in which men predominate, with a view to identifying and correcting cases of wage discrimination. Furthermore, where the State does not intervene directly in the determination of wages, it is nevertheless required, under the terms of Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly when it has the legal power to do so by virtue of constitutional or legal provisions. The Committee therefore asks the Government to provide practical information on the methods used for the evaluation of jobs and the measures which have been taken or are envisaged with a view to identifying and eliminating wage differences which may exist in practice between men and women on the labour market.

6.  Article 4.  The Committee asks the Government to provide information on the consultations held with employers’ and workers’ organizations to promote the application of the Convention and on the arrangements made for cooperation with the organizations of employers and workers concerned.

7.  Part III of the report form. Authorities entrusted with application.  The Committee notes the Government’s indication that the labour inspection services are entrusted with supervising the application of labour legislation in the Emirates. It asks the Government to provide information on the types of violations reported in relation to equal remuneration for men and women and the methods used to remedy such violations, including any remedies awarded and sanctions applied in respect of violations.

8.  Part V.  The Committee notes the Government’s statement that the Convention is normally applied in the United Arab Emirates, without any problem or dispute arising in this respect. The Committee draws the Government’s attention to the difficulties involved in implementing the principle, even where it is generally accepted. The complex and evolving nature of the problem and the equivocal character of the various forms of wage discrimination necessarily give rise to new difficulties. Therefore, in order to permit an adequate evaluation of the nature, scope and causes of wage differences between men and women, and the situation as to the application of the principles set out in the Convention, the Committee asks the Government to provide the fullest possible statistical information on the average earnings of men and women in the private, public and mixed sectors, where possible by occupation, branch of activity, seniority and skills level, as well as information on the participation rates of women and men in the various sectors.