Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Emiratos Árabes Unidos (Ratificación : 2001)

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Observación

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Article 1 of the Convention. Sexual harassment. In its earlier comments, the Committee asked the Government to make additional efforts to adopt legislation defining and explicitly prohibiting both quid pro quo and hostile environment harassment in employment and occupation, permitting all workers, including domestic workers, to lodge complaints, without fear of reprisals or stigmatization. The Committee asked the Government to identify progress made in this regard and also to provide information on how cases of sexual harassment are addressed by the specialized committees. The Committee further asked for clarification of the meaning a “duly admissible complaint” on sexual harassment in the context of the standard employment contract. The Committee notes an absence of information in the Government’s report on the adoption of a legislation defining and explicitly prohibiting both quid pro quo and hostile environment harassment in employment. The Committee notes 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 sexually harassment, upon which the worker may leave without notice and submit a “duly admissible complaint”. Regarding the complaint procedure for sexual harassment, the Government indicates that, there is no specific procedure or condition for the acceptance of grievances; complainants can file their case at one of the “Tasheel” service centres across the country or via the Ministry of Human Resources and Emiratisation. Recalling that sexual harassment in the workplace is a serious form of sex discrimination, the Committee once again emphasizes that without a clear definition of sexual harassment in employment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment, both quid pro quo and hostile working environment sexual harassment (see General Survey of 2012 on the fundamental Conventions, paragraph 791). Consequently, the Committee asks the Government, once again, to take steps: (i) to incorporate a comprehensive definition of sexual harassment, in the labour legislation applicable to both the private and public sectors and to provide for access to effective remedies; and (ii) to prevent and address sexual harassment in employment and occupation, such as for example, launching awareness-raising campaigns on the subject, encouraging management training on sex-based harassment prevention, or inviting employers to establish formal policies and procedures to deal with sexual harassment, and to provide detailed information in this regard. Noting that the Government report is silent on the meaning of the expression a “duly admissible complaint” on sexual harassment in the context of the standard employment contract, the Committee asks the Government to clarify the meaning of this expression and also to provide information on cases of complaints related to sexual harassment that have been submitted to the “Tasheel” service centres and their outcome.

Article 2. Equality between men and women in employment and occupation. Private sector. In its previous comment, the Committee asked the Government: (i) to collect and 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; (ii) to provide detailed information on the measures taken to address occupational gender segregation and the concentration of women in particular occupations and sectors; and (iii) to promote their employment in non-traditional occupations and in jobs with career opportunities. The Committee notes that according to the statistical information provided by the Government, the total labour force in the UAE in 2016 was 6,330,540. The labour force participation rate was about 91 per cent of the total male population aged 15 years and above, while the female labour force participation rate was about 42 per cent of the total female population in comparison to 36 per cent in 2015. The statistics also show that that 77 per cent of working nationals are in public, federal and local organizations; 17 per cent work in the joint sector, while nationals in the private sector make up only 6 per cent. Migrant workers account for about 85 per cent of the work force, and they are mainly found in the construction, manufacturing, trade and service sectors. The Committee also notes the Government’s indication that the Gender Balance Council was established in 2016 in order to formulate national policies to achieve equality and balance between the sexes in all areas. One of the first initiatives carried out by the Council was the development of the Gender Balance Guide covering both the public and private sectors; the Guide was developed in collaboration with the Organisation for Economic Cooperation and Development (OECD). The Committee notes that the Guide provides a set of recommendations, including: (i) the adoption of practices to ensure that enterprises have procedures in place to monitor and report on all national gender balance performance indicators; and (ii) the incorporation of gender balance in the demands made of enterprises (e.g. reviewing policies to check for unintended adverse gender-based effects; ensuring budgets supportive of gender balance; and providing statistics disaggregated by sex in matters relating to gender balance). The Committee asks the Government: (i) to identify the measures taken to implement the recommendations of the Gender Balance Guide and address existing occupational gender segregation in both the public and private sectors; (ii) to 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; and (iii) to provide detailed information on the concrete measures taken to address occupational segregation and the concentration of women in particular occupations and sectors, and to promote women’s employment in non-traditional occupations and in jobs with career opportunities.

Public sector. Previously the Committee asked the Government to provide recent statistics, disaggregated by sex, on the employment of men and women in the various posts and occupations of the government sectors, and in the judiciary. The Government reports that in 2017, the proportion of women in the federal Government workforce exceeded 52 per cent (while the Committee had noted that, in 2014, 38.76 per cent of the employees in the Federal Government were women). The Committee also notes that women’s participation in the judiciary has reached 23 per cent (out of 608 staff), 72 per cent in the health sector (out of 8,014 staff), and 69 per cent in the education sector (out of 17,009 staff) and that women remain concentrated in certain sectors. On the federal level, the Dubai Women Establishment (a public organization that influences governments and businesses to include women in leadership positions), has developed a national strategy to increase women’s participation in the labour market. The Committee asks the Government to provide information on proactive measures taken to promote employment opportunities for women in sectors where women remain under-represented. The Committee also asks the Government to identify the obstacles encountered by women in joining other sectors and to continue to provide updated statistics, disaggregated by sex on the employment of men and women in the various posts and occupations of the government sectors.

Proactive measures. The Committee asked the Government to provide information on: (i) the measures taken to promote women’s employment in a wider range of occupations and posts within the civil service, including measures to assist working parents in reconciling work and family responsibilities; (ii) equal opportunities for career advancement and the training of women on an equal basis with men; and (iii) on the progress made in the representation of women on boards and companies of government bodies and through the women’s committees. As regards reconciling work and family responsibilities, the Government indicates that Legislative Decree No. 17 (2016), amending certain provisions of Federal Law No. 11 (2008), on Human Resources, has introduced an entitlement to three-months maternity leave for women in addition to a daily rest period of two hours to nurse their child for four months from date of delivery, and two weeks parental leave (section 53). The Committee takes note of this information, in particular the recognition of parental leave but observes that it responds only partially to the Committee’s requests concerning the reconciling of work and family responsibilities. The Committee had previously noted (from the Survey of the Needs of Women Working in the Federal Governmental Sector), that part-time work and flexible working arrangements were not implemented in practice in most institutions and organizations, and that most working women and women with children below 5 years of age found it challenging to balance work and family responsibilities. Noting that women who continue to bear the unequal burden of family responsibilities in practice, the Committee asks the Government to provide information, including statistical data, on the effective application of the measures adopted to assist working parents to reconcile work and family responsibilities (such as parental leave, flexible working arrangements). Noting that the Government does not respond to the other points, the Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to promote women’s employment in a wider range of occupations, in particular to positions of responsibility in both the public and private sectors; (ii) to provide equal opportunities for career advancement and training to women on an equal basis with men; and (iii) to provide information on the progress made in the representation of women on boards and companies of government bodies and through the women’s committees.

Migrant workers. Previously, the Committee asked the Government to provide information on the specific measures taken, and the results achieved, to ensure that foreign workers, especially the least skilled workers employed on construction sites, are effectively protected against discrimination with respect to their conditions of work, and to eliminate any discriminatory practices against them on the grounds set out in the Convention, particularly race, colour and national extraction. In addition, the Committee asked the Government to provide up-to-date information on the legislative framework regulating the employment of foreign workers, including domestic workers, indicating the specific provisions allowing foreign workers to change jobs and under which conditions, especially in cases of discrimination and abuse, as well as statistical information on the number of male and female workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, including whether they have requested and granted a change of workplace. It also mentions the organization of a number of awareness-raising campaigns for both foreign workers and employers on the appropriate mechanisms for claiming rights or lodging complaints. The Committee asks the Government to provide information on the results achieved by the various measures adopted, in particular to eliminate any discriminatory practices against the least skilled workers employed on construction sites on the grounds set out in the Convention, particularly race, colour and national extraction. The Committee once again requests the Government to provide up-to-date information on the number of male and female workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace.

Domestic workers. Previously, the Committee asked the Government: (i) to indicate whether domestic workers are covered by the Minister of Labour Decree No. 764 of 2015 on the Ministry of Labour approved Standard Employment Contract (which created a standard employment contract as well as the conditions for amending the contract through the Ministry of Labour), as well as by the Ministerial Decree No. 766 of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer (which aimed to improve the flexibility of workers to change employment); and (ii) to provide information on the number, nature and outcome of complaints submitted by domestic workers regarding violations of the standard employment contract, as well as any practical measures taken to protect women migrant workers. The Committee notes that Federal Law No. 10 of 2017 has been adopted to support domestic workers. This sets out minimum requirements governing the employment framework for domestic workers, including outlining recruiters’ obligations, employers’ minimum obligations pertaining to salary payment, working and living requirements, working hours, rest days, annual leave, overtime and end of service gratuity, as well as matters relating to termination and penalties for failure to comply with the provisions of the new law. The Law also covers 19 types of domestic service workers, including domestic workers, guards, gardeners and nannies. It also covers the role of recruitment and employment agencies, standards for labour contracts, employer and employee obligations, inspections, penalties, time off, end of service indemnity, termination of contracts and settlement of disputes. Finally, the Law states that domestic service workers must be treated equally by their employers. It bans employers from discriminating against their domestic service workers on the basis of race, colour, sex, religion, political opinion, national origin or social class (section 3(3)). The Committee notes that Labour Law No. 8 of 1980 states that in the event that the employer and worker have a disagreement, the Ministry of Human Resources will adjudicate the dispute. The adjudication process will take two weeks (section 21). Regarding the termination of employment by the domestic service workers, Law No. 8 provides the opportunity for both the employer and the domestic service worker to terminate the contract unilaterally if one party fails to fulfil his/her obligations towards the other (article 23). The Committee notes that according to the Government, three complaints involving sexual discrimination were registered in 2014 and one in 2016. Some 21 complaints of violence (not gender-based) against women workers were recorded in 2014, compared with 83 in 2016. These complaints have been the subject of legal proceedings and all were referred to the competent judicial authorities for the appropriate measures to be taken against the offenders. The Committee asks the Government to provide samples of complaints of violence against women workers which are not gender based recalling that the Convention prohibits discrimination based on sex but also on other grounds, such as race, colour, religion, political opinion, national extraction or social origin, and also to continue to provide information on the number, nature and outcome of complaints submitted by domestic workers regarding violations of the standard employment contract, as well as any practical measures taken to protect women migrant 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.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Restrictions of the employment of women. The Committee previously asked the Government to take the opportunity of the revision of Federal Law No. 8 of 1980 regulating labour relations to ensure that protective measures (on night work, and jobs that are dangerous, arduous or detrimental to health or morals of women) are limited to protecting women in the context of maternity. The Committee notes the Government’s indication that the draft is still being reviewed and debated and the Committee will be informed of any developments in this regard. In the meantime, the Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of the differences between men and women with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee asks the Government to ensure that, protective measures applicable to women in the amended Federal Law No. 8 of 1980, will be limited to maternity protection in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. Please report on the progress made in this regard. With regard to the application of Order No. 3 of 2009, the Committee asks the Government to indicate what documents are required to obtain a work permit, and whether this includes a document indicating the approval from the husband or father.

Enforcement and dispute resolution. In its previous comment, the Committee asked the Government to provide information on: (i) the measures taken to assist workers, including foreign workers, to file complaints and obtain redress in cases of discrimination; (ii) statistical data on the number and nature of the complaints submitted by male and female workers to the Human Rights Department, the Department of Workers’ Guidance, the Labour Disputes Administration and the labour inspection services, as well as the Wages Protection Office and the courts, with particulars of the number of cases dealt with and the penalties imposed and remedies provided; (iii) on activities of the Department of Workers’ Guidance and the workers’ welfare offices to promote the principles of the Convention; and (iv) on any measures to ensure that those involved in dispute resolution and enforcement receive appropriate training regarding non-discrimination and equality issues. The Government reiterates that the bodies responsible for receiving complaints from migrant workers are the following: the Ministry of Human Resources, the Ministry of Interior or local police forces. Complaints linked to cases of discrimination are handled in the same way as other labour complaints. Complaints are received in several ways, including via electronic channels and toll-free hotlines or by registering them with authorized service centres. This ensures that complaints are submitted free of charge and confidentially. According to the Government, some 4,559 labour disputes were registered across the UAE by the end of 2016, with 671 labour complaints submitted to the relevant department by women. The first most common cause of labour disputes is linked to termination of employment, followed by the late payment of wages. As regards penalties, 229 administrative penalties were imposed in 2016 under Cabinet Decision No. 40, concerning administrative fines on companies that fail to apply the provisions of the Labour Law. The Government also indicates that the Department of Workers’ Guidance has held field seminars, workshops and lectures for labour inspectors, workers and employers covering a range of subjects, including: the principle of equal remuneration for men and women; discrimination on grounds of religion; and the complaints mechanisms. A number of informational booklets, leaflets and posters were also printed in 12 languages (Arabic, English, French, Chinese, Hindi, Urdu, Malayalam, Sri Lankan, Tamil, Bengali, Tagalog and Persian) for distribution to migrant workers upon arrival in the country. The Committee asks the Government to continue 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.