CMNT_TITLE

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

Other comments on C100

Observation

Direct Request

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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.