Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

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

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

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

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

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

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

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

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

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