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Comments adopted by the CEACR: United Arab Emirates

Adopted by the CEACR in 2021

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.

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.

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.

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.

Adopted by the CEACR in 2020

C001 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work) and No. 89 (women’s night work) together.

Hours of work

Articles 2, 6 and 8(1)(c) of Convention No. 1. Exceptions to normal hours of work. Record keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that Federal Act No. 8 of 1980, which is the main legislation implementing the Convention, is under revision. While noting the content of draft sections 46 (on daily hours of work) and 48 (on overtime) of the revising act, as provided by the Government, the Committee observes that it is not in a position to provide an assessment of conformity without having access to all the provisions of the draft which address working time. Based on the provisions available, it wishes to emphasize the importance of national legislation and practice restricting recourse to exemptions from the maximum limits to hours of work (namely eight hours in the day and 48 hours in the week) to cases of clear, well-defined and limited circumstances such as accident, actual or threatened, force majeure or urgent work to be done to plant or machinery (2018 General Survey on working time instruments, paragraph 119). The Committee also notes that the Government’s reply to its previous request under Article 8(1)(c) does not specifically address the obligation for employers to keep a record of all hours worked in excess of the normal hours of work, as provided for under this article. The Committee requests the Government to ensure that any revision of the legislation is in full conformity with the Convention and to provide information on all relevant provisions on working time as well as on the time of the coming into force of the new law. It recalls that the Government can avail itself of the technical assistance of the ILO in this process.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. Further to its previous comments, the Committee notes the Government’s indication in its report that it is considering the abrogation of the prohibition of women’s night work. On this matter, it refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework, law enforcement and penalties. Following its previous comments, the Committee notes the Government’s indication in its report that the National Committee to Combat Human Trafficking (NCCHT) has adopted a National Strategy to combat trafficking in persons based on five pillars: (i) prevention; (ii) prosecution; (iii) penalties; (iv) victim protection; and (v) international cooperation. The Government further indicates that the Dubai police headquarters has established a Centre for monitoring crimes involving human trafficking, which also involves ensuring coordination between governmental bodies and civil society organizations and the preparation of awareness and training programmes.
The Committee also takes notes of the 2018 report of the NCCHT. It notes in particular, the establishment of a coordinating body for anti-trafficking efforts at all levels of the seven emirates of the federation, in addition to the initiation of a number of awareness-raising campaigns to prevent trafficking in persons. For instance, a campaign has targeted companies recruiting migrant domestic workers to highlight the dangers of trafficking in persons. Another consisted of the launch of the anti-trafficking diploma course aimed at improving the skills of law enforcement officials dealing with this crime. According to the Government, 242,140 persons have benefited from anti-trafficking training, among them 20 diplomats, 65 law enforcement persons and 1,371 national officials.
The Committee further notes the statistical information provided by the Government in the NCCHT report regarding the number of cases of trafficking in persons brought before the courts in 2018: 30 cases were registered, one of which was a case of forced labour, involving two victims which is still under way before court. The cases included 51 victims and 77 people were indicted. Final decisions have been issued for 13 cases, resulting in sentences ranging from three years’ imprisonment and a fine, to life imprisonment. The Committee requests the Government to continue to provide information on the application in practice of the National Strategy to combat trafficking in persons, indicating the results achieved in implementing the five pillars. The Committee also requests the Government to continue to provide information on the number of investigations carried out, prosecutions, convictions and the penalties imposed.
2. Assistance and protection of victims. The Committee notes the Government’s indication that there are a total number of four shelters (Ewa shelters) for victims of trafficking, of which two are in Abu Dhabi, one for women, established in 2008, and the other for male victims. There is also the Dubai Foundation for Women and Children (DFWAC) and the Aman Centre, established in 2018 in Ras al Khaima. The capacity of the shelter for women and children in Abu Dhabi is 65 victims and the shelter for males can accommodate 20 victims. According to the statistical information provided by the Government, in 2018 the Ewa shelter provided psychological, medical and legal assistance to 17 victims of trafficking. The Government also indicates the establishment of a programme for the protection of human rights under the DFWC, which focuses on building staff capacities to deal with cases of trafficking and forced labour. For the period 2015–18, a service for the care of victims of crimes involving trafficking in persons was launched alongside a labour-related complaint mechanisms that can be submitted through the Smart Police Stations (SPS). This service allows individuals to request assistance or provide information and data about suspected cases of trafficking in persons. Moreover, in 2015, the Foundation prepared an integrated awareness-raising programme, targeting workers most vulnerable to trafficking risks, such as women workers in beauty salons and restaurants, and domestic workers. Within the framework of this programme, the information pamphlet on human trafficking has been translated into Amharic and Hindi, and 10,000 copies printed in each of these languages. Audio clips for broadcasts in Chinese have been prepared and a documentary on human trafficking has been produced. The Committee further notes that during the period 2015–18, 46 victims of trafficking benefited from the “You Are Not Alone” programme, which follows up and monitors a range of legal and humanitarian aspects of protection and support for victims. The Committee encourages the Government to continue its efforts to ensure that victims of trafficking are provided with adequate protection. It also requests the Government to continue to provide information on the measures taken to identify, provide protection and assist victims of trafficking, as well as statistical data on the number of persons benefiting from such measures.

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. 1. Legal framework concerning migrant workers. In its previous comments, the Committee referred to the report adopted in March 2016 by the tripartite committee set up to examine the representation made by the International Trade Union Confederation (ITUC) alleging non-observance of Convention No. 29 by the United Arab Emirates. The Committee noted that in order to ensure that migrant workers do not face situations that increase their vulnerability to forced labour practices, the Government has adopted a number of legislative measures, including: Ministerial Decree No. 764 of 2015 on the Standard Employment Contract, and Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a New Work Permit to a Worker whose Labour Relations with an Employer has Ended.
In this regard, the Committee requested the Government to provide information on the application in practice of the new legislation, in particular information on the following points: (a) recruitment fees, contract substitution, and passport confiscation issues; (b) the sponsorship system; (c) migrant domestic workers; (d) labour inspection and effective penalties; and (e) access to justice and protection of victims.
(a) Recruitment fees, contract substitution, and passport confiscation. The Committee notes the Government’s indication in its report that following the adoption of Ministerial Decree No. 764 of 2015 on the Standard Employment Contract, employers have the obligation to send the offer letter, which is a copy of the original employment contract to the worker in the sending country prior to departure. The offer letter must indicate all the terms and conditions of the contract, including the wage. Once the employment contract is signed and registered on the Ministry of Human Resources and Emiratization (MOHRE) database, the worker is granted the entry visa to the country. Any worker may have electronic access to a copy of the employment contract via the Ministry’s site. Upon arrival of the worker, both the employer and the worker are instructed to visit one of the guidance centres that the MOHRE has established in partnership with the private sector. These centres aim to provide an induction programme to workers regarding the Labour Code and the residence laws of the country. In addition, both parties can sign the contract in these centres.
Regarding the Action Plan on migrant workers, the Government refers to a series of legislative measures that have been adopted since 2015, including: (i) the adoption of Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations; (ii) the signature of a series of Memoranda of Understanding with a number of countries to ensure that licenced recruitment agencies from both countries do not charge workers any fees; and (iii) the provision of adequate accommodation that meet strict occupational safety and health standards following the adoption of Ministerial Decree No. 212 of 2014. As per the issue of passport confiscation, the Committee notes the Government’s indication that the Standard Employment contract for workers in the private sector provides for the right of workers to retain their identification documents. With regard to domestic workers, section 15(9) of Act No.10 of 2017 on domestic workers provides for the obligation of the employer to ensure the worker’s right to retain his/her personal identification documents. The Government also indicates that, in cases brought by workers against employers over the withholding of passports, the court decision is always in favour of the worker and the employer is obliged to return the passport. In this regard, the Government refers to a series of judgements, including of the Cassation Court of September 2012, where the court referred to the freedom of travel and movement as rights guaranteed by the Constitution. In light of the above positive measures, the Committee requests the Government to continue to pursue its efforts to ensure that migrant workers are protected from abusive practices linked to contract substitutions, the imposition of recruitment fees and the confiscation of passports. It also requests the Government to provide information on the results achieved in this regard, including statistical data.
(b) Sponsorship system. Referring to Ministerial Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations, the Committee notes the Government’s indication that for a fixed-term contract of two years, either party can terminate the contract, either by mutual agreement of the two parties during the course of the term of the contract, or unilaterally, provided the terminating party complies with the legal procedures. This includes the observance of a notice period of up to three months and the compensation of the other party in accordance with the contract for wage arrears of no more than three months. According to the Government, the number of cases involving termination of employment contracts in accordance with Ministerial Decree No. 765, contracts during the period between January 2016 and December 2018 came to 2,932,062 cases. The Government also indicates that following the adoption of Decree No. 766 of 2015 on Rules and Conditions for Granting a New Work Permit to a Worker whose Labour Relations with an Employer has Ended, former employers no longer have the power to subject the worker to the threat of deportation or other negative practices. For the period between 2016 and 2018, the number of cases involving transfers to a new employer came to 229,971. The Committee requests the Government to continue to provide information on the number of employment transfers that have occurred recently, disaggregated by gender, type of work and contract.
(c) Migrant domestic workers. The Committee previously urged the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, and to ensure that the Bill regulating the working conditions of migrant domestic workers will be adopted in the near future.
The Committee notes with satisfaction the adoption of Act No.10 of 2017 on domestic workers as well as the standard domestic labour contract and its annexes. It notes that the employment contract provides for the rights and obligations of both the worker and the employer, including the amount of the basic salary, the accommodation, and the daily and weekly rest periods (sections 15–18). Regarding the termination of the employment contract, section 23 of Act No.10 provides for the possibility for both the employer and the worker to terminate the contract unilaterally if one party fails to fulfil his/her obligations towards the other. In all instances of the termination of the contract, the MOHRE shall decide whether to grant a new work permit to the worker as per the regulations that are in force in the UAE (section 23(4)). Furthermore, the new employer is responsible for paying the fees for the transfer of sponsorship (kafala) and for the new residence permit to the worker. The employer also has the obligation to notify the MOHRE if the worker abstains from employment or is absent without valid reason. Likewise, the worker has the obligation to notify the MOHRE when leaving the workplace without the knowledge of the employer. With regard to conflict resolution, section 21 of the Act states that in the event that the employer and worker have a disagreement, the MOHRE will adjudicate the dispute. Migrant domestic workers can also refer to the Tad-beer Centres (support services established following the adoption of Ministerial Decree No. 819 of 2017) to seek legal support. These centres are dedicated to providing all services relating to migrant domestic workers upon their arrival in the country. This includes the provision of a medical examination, the issuance of health insurance and ID cards and stamping of the residence visa. The Government further indicates that MOHRE has recently issued the Ghanayem bank card for domestic workers as a smart multi-purpose bank ID card with a variety of features, including serving as an electronic wallet. It also provides a new automated system to monitor transfer transactions to ensure that domestic workers’ wages are protected and to transfer salaries quickly while ensuring the confidentiality of both the client’s and the MOHRE’s information. The Committee requests the Government to provide information on the application in practice of Act No.10 of 2017 on domestic workers, including statistical information on the number of employment transfers of migrant domestic workers that have taken place since the entry into force of the Act.
(d) Labour inspection and effective penalties. The Committee notes the Government’s indication that 1,146 cases of violations were detected by the labour inspection, including 1,144 cases of late payment of wages involving 80,633 migrant workers. The two other remaining cases were linked to illegal salary deductions and failure to calculate overtime pay. For all these cases, the judicial decisions handed down have required the payment of fines. The Committee takes note of judgment No. 1 of 2016, judgment No. 45 of 2017, and judgment No. 49 of 2017, annexed to the Government’s report, that illustrate the high fines imposed. The Committee further notes that sections 19 and 20 of Act No. 10 of 2017 on domestic workers grant labour inspectors the possibility to inspect the places of residence of the domestic worker in the event of a complaint being raised by the worker or if there are credible indications of violations of the provisions of the Act. The Committee requests the Government to indicate whether any inspections were carried out pursuant to sections 19 and 20 of Act No. 10 on domestic workers, indicating cases of violations that have been detected and registered by the labour inspectors, as well as the penalties applied for such violations.
(e) Access to justice and protection of victims. The Committee notes the Government’s indication that in 2018 the MOHRE launched the Tawa-Fouq (reconciliation) centres for labour disputes resolution involving migrant workers. These centres perform a preliminary role of mediation to resolve the labour dispute amicably. They issue recommendations that they submit to the MOHRE. The latter is authorized to take the final decision over whether the dispute is resolved amicably or is referred to the judiciary. In this regard, the judicial departments have established a standard form on the manner in which workers may bring a case, comprising an integrated case file. This is submitted electronically to the judicial departments. The Government also refers to Ministerial Decree No. 749 of 2018 on settling collective labour disputes where more than 100 workers from the disputing parties are involved. A conciliation committee shall settle the dispute amicably within ten days. If the dispute settlement fails, it will be brought to the arbitration committee that shall consider the dispute within 30 days.
Regarding the protection and assistance provided to migrant workers, the Committee notes the Government’s information on the measures taken to protect victims of trafficking in persons that are also applicable to migrant workers. The Committee requests the Government to continue to take the necessary measures to ensure that migrant workers can approach the competent authorities and access justice mechanisms, without fear of retaliation. It also requests the Government to provide statistical information on the number of migrant workers, including migrant domestic workers, who have had recourse to legal assistance from the Tawa-Fouq (reconciliation) centres, as well as the outcome of the labour disputes. It requests the Government to indicate whether the legal assistance provided in the reconciliation centres is available in the language spoken by the migrant worker. Lastly, the Committee requests the Government to provide information on the judicial proceedings instigated and the number of judgements handed down in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors related to immigration. In its previous comments, the Committee requested the Government to indicate whether the practice of joint inspection visits carried out with the police units of the Ministry of the Interior continued.
The Committee notes that the Government indicates in its report that inspection visits are carried out separately from the police units of the Ministry of the Interior. It also notes the Government’s indication that coordination with the Ministry of the Interior only takes place if crimes related to forced labour or human trafficking are suspected. The Committee further notes the Government’s reference, in response to its previous request concerning migrant workers in an irregular situation, to the “Protect Yourself by Changing your Legal Status” initiative launched by the Minister of Interior in 2018, in collaboration with the Ministry of Human Resources and Emiratization (MOHRE). The Government indicates that as a result of this campaign, 286,086 applications were submitted and approved to regularize the situation of workers who were in breach of the Federal Act concerning the entry of migrants into the country and their residence. The Committee also notes the information on the awareness-raising activities of the MOHRE, including the establishment of labour guidance services in 2018 to provide guidance to employers and workers on labour legislation and the issuance of work permits, contracts and certificates, among other matters. Lastly, it notes the Government’s indication in its report submitted in 2020 that the awareness-raising activities continued despite the temporary closure of the guidance centres during the COVID-19 health crisis, through text messages and social media informing workers about virus prevention measures. The Committee requests the Government to continue to provide information on the role of labour inspectors in informing migrant workers about their labour rights. Taking due note of the number of workers regularized, it further requests the Government to continue to provide detailed information on the number of requests made to change the legal status of migrant workers under the above-mentioned initiative, as well as the number of such requests approved. Further, noting the Government’s indication that the number of joint inspections with the Ministry of Interior is limited, the Committee requests the Government to provide information on the number of such joint initiatives undertaken.
Articles 3(1)(a) and (b), 5(a), 13, 14, 21(f) and (g). Activities of the labour inspectorate in the area of occupational safety and health (OSH) and availability of statistics on industrial accidents and cases of occupational disease. The Committee notes the information provided by the Government, in reply to its previous request, that the MOHRE is working with several health authorities in the country to exchange information on occupational injuries and diseases. In this respect, it notes with interest that the annual labour inspection reports submitted in 2019 and 2020 contain information on the number of occupational injuries nationwide in 2018 and 2019. It also notes the information in the annual report on the measures taken following receipt of notification of an occupational injury, namely: (i) an inspection of the enterprise where the occupational injury was reported to verify the accuracy of the notification; (ii) if the injury is minor, the notification is recorded and subsequently filed; (iii) if the injury is serious, a medical report is issued by a medical committee; (iv) the MOHRE safeguards the rights of the injured person to treatment, medical leave, material assistance and compensation; and (v) the case is followed up six months after the first visit to assess the situation. The Committee further notes the statement in the annual report that statistics of occupational diseases are not available. The Committee requests the Government to strengthen its efforts to improve the detection of cases of occupational diseases as well as their notification to the labour inspectorate, and to ensure that the relevant statistical information is reflected in the annual labour inspection report. It requests the Government to continue to provide information on the number and nature of occupational injuries, as well as the progress made with the establishment of the electronic system for the exchange of information between the MOHRE and health authorities concerning occupational accidents and diseases.
Articles 5(a), 7(3), 17, 18 and 21(e). Measures to promote cooperation between the labour inspection services and the judicial system. Effective enforcement of sufficiently dissuasive penalties. The Committee notes the Government’s indications, in reply to its previous request on the establishment of electronic systems connecting the labour inspectorate and the justice systems in all Emirates, that work is under way to develop the Electronic Referral System to enable the sharing of information and to ensure that all cases are dealt with.
The Committee notes that 4,898 cases concerning legal provisions on non-payment of wages were referred to the Public Prosecutor’s Office in 2018. It further notes that 13,733 cases, mostly related to non-payment of wages and violation of labour requirements were referred to the courts in 2019. Of these, 1,140 violations were settled prior to a court judgment, by payment of 358,803,706 Emirati dirhams (approximately US$97,700,124) to 80,633 workers, and court judgements handed down by the Labour Court resulted in the application of almost 5 million dirhams (approximately US$1.4 million) in fines in 2018 and 7,631,816 dirhams (approximately US$2,078,098) in 2019. The Committee further notes the information provided by the Government on the measures taken by the MOHRE to follow up on offending enterprises include sending text messages and alerts to enterprises that are in arrears in the payment of wages (prior to their referral to Public Prosecution), as well as sending electronic requests to the judicial authorities and the Public Prosecution for measures including issuing travel bans for the enterprise’s managers; requesting a court order to seize the enterprise’s assets; and issuing a decree on the liquidation of the bank guarantees that had been collected when the enterprise first hired the workers. The Committee also notes the Government’s indication that according to data from the Smart Inspection System, 1,142 violations were detected, mostly related to the delayed payment of wages. Consequently, 365,584,528 dirhams (approximately US$99,546,501) were recovered and paid to the workers in 2018 and 32,329,146 dirhams (approximately US$8,803,034) in 2019. The Committee requests the Government to continue to provide information on the cases referred to the public prosecutor by labour inspectors, including the number of cases referred, the legal provisions concerned, the legal proceedings initiated as a result, and their outcome. In this respect, it requests the Government to provide information on the number of cases referred to the Labour Courts that resulted in the application of penalties, as well as the penalties imposed and the fines collected. Taking due note of the information provided concerning the enforcement related to the non-payment of wages, the Committee also requests the Government to provide information on any legal proceedings initiated concerning other subjects, and their outcomes. Lastly, the Committee requests that the Government provide information on the progress made with the establishment of electronic systems connecting the labour inspectorate and the justice system in all Emirates.
Articles 16, 20 and 21. Collection of statistics to enable the planning of labour inspection activities with a view to achieve improved coverage. Regular communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the detailed information in the labour inspection report for 2018, submitted with the Government’s report. It also notes the Government’s response to the Committee’s request on the coverage of labour inspection visits, that in 2019 337,198 workplaces employing 5,094,783 workers were liable to inspection and that of these, 215,605 inspection visits were made to 212,463 companies in 2019 (up from 211,653 inspection visits to 115,517 companies in 2018). The Committee requests the Government to provide information on the publication of the labour inspection report, in accordance with Article 20(1) of the Convention. It requests the Government to continue to ensure that the labour inspection report, containing all the information referred to in Article 21, is transmitted to the Office on an annual basis.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that under the Federal Act on Merchant Shipping (No. 26 of 1981), penalties of imprisonment (involving compulsory prison labour) may be imposed on seafarers for various breaches of labour discipline, such as violations of service-related orders, neglecting to serve on vessels or to mount guard, being absent from a vessel without authorization, or any other act that may disrupt order or the service on board (section 200(a)(c)(g) and (j)), refusal to comply with an order concerning work on board the vessel, repeated acts of disobedience (section 204(d) and (e)), or the performance of any acts mentioned in section 204 by more than three persons in agreement (section 205).
The Committee notes the Government’s indication in its report that the Federal Transport Authority – Land and Maritime is currently developing a new draft Act to regulate maritime labour in the country so as to keep pace with the country’s position and obligations in the global maritime community in light of its membership of the Council of the International Maritime Organization (IMO). The new draft Act has introduced a set of provisions and amended others, including the section limiting the scope of application of clauses (d) and (e) of section 204 and section 205 to circumstances in which the ship or the life or health of persons are endangered. The Committee trusts that the Government will take the necessary measures within the framework of the draft Act regulating maritime labour to bring the above-mentioned provisions into conformity with the Convention, either by repealing sanctions involving compulsory labour or by restricting their application to circumstances in which the ship or the life or health of persons are endangered.
Article 1(d). Sanctions involving compulsory labour for participation in strikes. In its earlier comments, the Committee referred to section 231(1) of the Penal Code, which provides for sanctions of imprisonment (involving an obligation to work) in cases in which at least three public officials abandon their jobs or voluntarily abstain from performing any obligations related thereto, acting in agreement among themselves or pursuing an illegal objective.
The Committee notes the Government’s reiterated indication that the penalty of imprisonment applies only if the strike is likely to endanger the life, health or safety of people or is likely to cause disturbance or dissension among people or if it harms the public interest. The Government also adds that the Committee of Experts’ comments have been forwarded to the relevant legislative authorities and the Committee kept informed accordingly of any developments in this regard. The Committee hopes that the Government will take the necessary measures to ensure that section 231(1) of the Penal Code is reviewed or abrogated, so that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee also requests the Government to provide further information on the application of section 231(1) of the Penal Code in practice, including copies of any court decisions defining or illustrating its scope.

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. 1. Federal Act No. 15 of 1980. For a number of years, the Committee has been referring to the following provisions of Federal Act No. 15 of 1980 governing publications and publishing, under which penal sanctions involving compulsory prison labour may be imposed (by virtue of sections 86 and 89 of the Penitentiaries Regulations Act No. 43 of 1992), for the violation of the following provisions:
  • -section 70: prohibition on criticizing the Head of State or the rulers of the Emirates;
  • -section 71: prohibition on publishing documents harmful to Islam, or to the Government, or to the country’s interests or the basic systems on which society is founded;
  • -section 76: prohibition on publishing material containing information shameful to the Head of State of an Arab or Muslim country or a country with friendly ties, as well as material which may threaten the ties of the country with Arab, Muslim or friendly countries;
  • -section 77: prohibition on publishing material which causes an injustice to Arabs or constitutes a misrepresentation of Arab civilization or cultural heritage;
  • -section 81: prohibition on publishing material which harms the national currency or causes confusion over the economic situation of a country.
The Committee requested the Government to take the necessary measures to amend the above provisions and to ensure that the ensuing amendments, which would be contained in the draft Act on media activities, would be in conformity with the Convention.
The Committee notes the Government’s indication in its report that the draft Act regulating media activities is still under consideration and has not been adopted to date. The Committee once again expresses the firm hope that the Government will take the necessary measures to amend or repeal the abovementioned provisions within the framework of the adoption of the draft Act on media activities, in order to ensure that no sanctions involving compulsory labour (including compulsory prison labour), can be imposed for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also requests the Government to provide information on any progress made in the adoption of this draft Act, as well as a copy of the text once adopted.
2. Penal Code. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Penal Code which prohibit the establishment of an organization or the convening of a meeting or conference for the purpose of attacking or mistreating the foundations or teachings of the Islamic religion, or calling for the observance of another religion, with such offences being punishable with imprisonment for a maximum period of ten years (sections 317 and 320). It also referred to sections 318 and 319 of the Penal Code pursuant to which a prison sentence could be imposed involving an obligation to work, on any person who is a member of an association specified in section 317, who challenges the foundations or teachings of the Islamic religion, proselytizes another religion or advocates a related ideology. The Committee expressed its firm hope that appropriate measures would be taken to bring the above-mentioned sections into conformity with the Convention.
The Committee notes the Government’s indication that the application of articles 318 and 320 is strictly limited and the number of cases in which the provisions of these articles have been applied are minimal and usually receive a suspended sentence with deportation. In this regard, the Government refers to Criminal Court judgement No. 12311/2002, issued in December 2002 against a certain person. The defendant has been accused of criticizing the principles of the Islamic religion and of possessing and disseminating publications and items offensive to this religion. The Public Prosecution charged him based on sections 318, 320 and 323 of the Penal Code. The person was sentenced to one year’s imprisonment, with deportation from the country. The Government adds that, the penalty of imprisonment was not applied in practice, and the Court settled for the deportation of the accused from the country on condition that he did not commit the same offence on the territory of the country within the next three years.
The Committee observes that, although the penalty of imprisonment was not applied in practice for this case, this does not imply an exemption of its application in other similar cases, as long as sections 317-320 of the Penal Code provide for sanctions of imprisonment, involving an obligation to work. The Committee, therefore, once again expresses its firm hope that appropriate measures will be taken to bring sections 317–320 of the Penal Code into conformity with the Convention, for example, by limiting their scope to acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, (such as fines) and that the Government will soon be in a position to report on the progress made in this regard. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application in practice of sections 317–320, including copies of any relevant court decisions, and indicating the penalties imposed and the facts giving rise to the convictions.
The Committee is raising other matters in a request addressed directly to the Government.

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 6 of the Convention. Minimum age for admission to apprenticeship. The Committee previously urged the Government to take the necessary measures to ensure that the draft amended section 42 of the Labour Code was adopted in the very near future to raise the minimum age for admission to apprenticeship from 12 to 15 years as required under the Convention.
The Committee notes with satisfaction the adoption of Ministerial Decree No. 519 of 2018 concerning the Regulations and Conditions of Training and Employment of Students enclosed with the Government’s report which provides that “Any establishment is permitted to recruit students aged 15 years and above during their annual academic holidays, for a period that does not exceed three consecutive months each time” (section 1). Section 3 also provides that training shall not affect children’s health or attendance at school and that the employer shall obtain a written consent from the student’s parent or legal guardian and that the student shall provide a copy of his/her Emirates identity card as verification of his age, accompanied by a certificate of physical fitness or a declaration from the student’s parent to this effect. Lastly, section 4 stipulates that the student shall obtain a no-objection certificate from the educational institute in which he/she is enrolled and that the employer shall conclude a training contract with the trainee clarifying the nature of work, its duration, the student’s wage, weekly holiday and the number of daily working hours, which shall not exceed more than six hours per day, interspersed with one hour of rest.

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information in its report that following the adoption of the Federal Law No. 51 of 2016 and its amendments on Combatting Crimes of Human Trafficking, a National Committee to Combat Human Trafficking (NCCHT) has been established and an anti-trafficking campaign has been launched. The members of the National Committee include representatives from relevant Ministries, law enforcement authorities and civil society organizations. The Committee also notes that in 2018, 9 persons were accused of child trafficking, in particular the sale of children, and two of them were deported from the country. The Committee requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibition on the sale and trafficking of children under the Federal Law of 2016 on Combatting Crimes of Human Trafficking.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking for sexual exploitation. Following its previous comments, the Committee notes the Government’s indication that the “Aman” Centre for Women and Children was established in 2017 as a shelter to protect all victims of trafficking in persons, sexual exploitation and violence in the family and society. The shelter provides a range of services, including health, social and legal services. The Government also indicates that a number of initiatives have been launched to provide assistance to child victims of trafficking, including: (i) the “Child Protection Oasis” initiative, which is an integrated centre specialized in the investigation of cases of child trafficking and furnished with child-friendly equipment that helps children to overcome any psychological barrier and to impact them positively; (ii) the “You Are Not Alone” initiative, which is a programme that provided support to 19 child victims of trafficking between 2015 and 2018 in collaboration with the civil society organizations in the country; and (iii) the Dubai Foundation for Women and Children (DFWAC) that has designed a smart electronic programme which allows victims’ files to be circulated quickly among different authorities and without any administrative impediments, thus speeding up procedures and reducing waiting time and enabling victims to receive services readily and easily from the various authorities. The Committee encourages the Government to pursue its efforts to take effective and time-bound measures for the prevention, removal and rehabilitation of child victims of trafficking. It requests the Government to continue to provide information on the measures taken to provide assistance to child victims of trafficking as well as on the number of child victims of trafficking who have been received and rehabilitated in the Aman Centre for Women and Children.
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