Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Emirats arabes unis (Ratification: 2001)

Autre commentaire sur C111

Observation

Demande directe

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Article 1 of the Convention. Sexual harassment. The Committee recalls sections 354–359 of the Penal Code, and its concerns regarding the limited effect of criminal law and the proposed amendments to Federal Law No. 8 of 1980 on the Regulation of Labour Relations on preventing and addressing sexual harassment in the workplace. The Committee notes that Minister of Labour Decree No. 764 of 2015 on the Ministry of Labour approved Standard Employment Contract 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”. The Government indicates that specialized committees have been established to deal with administrative infringements by government employees of the provisions in the Dubai Human Resources Management Law 2006. The Code of Ethics and Professional Conduct issued by the Public Authority for Government Human Resources requires the Government to treat all employees in a just and equitable manner without any discrimination, and provide them with safe, healthy working conditions, but it does not refer to sexual harassment. Recalling that sexual harassment in the workplace is a serious form of sex discrimination and that criminal proceedings may not be effective in addressing the more subtle forms of sexual harassment, the Committee once again requests 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. Noting that the Law on domestic workers was expected to be promulgated by the end of 2014, the Committee hopes that the legislation will also include such a provision, and requests the Government to indicate any progress made. Please also provide information on how cases of sexual harassment are addressed by the specialized committees, and a clarification of the meaning a “duly admissible complaint” on sexual harassment in the context of the standard employment contract.

Restrictions of the employment of women. Regarding the administrative procedure requiring women to obtain their husband’s permission to take up work, the Committee notes that Ministerial Order No. 3 of 2009 permits the granting of a work permit to “wives and single daughters”. The Government explains that the Order concerns the issuing of work permits to dependents, namely foreign women who are residents and who are accompanied by their husbands or fathers (in the case of single daughters) who are working in the country provided the necessary documents are submitted; the Order does not specify the obligation for a woman to obtain the approval of her husband or her father as one of the conditions for issuing the work permit. Regarding sections 28 and 29 of Law No. 8 of 1980 (night work, and jobs that are dangerous, arduous or detrimental to health or morals of women), the Committee notes that Ministerial Order No. 46/1 of 1980 authorizes exemptions from the prohibition of women to work at night in specific cases, and refers to its comments on the Night Work (Women) Convention (Revised), 1948 (No. 89). With respect to dangerous or health jeopardizing jobs, the Government refers to Ministerial Order No. 6/1 of 1981. The Committee encourages the Government to take the opportunity of the revision of Federal Law No. 8 of 1980 to ensure that protective measures are limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotypical assumptions, will be repealed, and to report on any progress made in this regard. With regard to the application of Order No. 3 of 2009, the Committee requests the Government to indicate what documents are required to get a work permit, and whether this includes a document indicating the approval from the husband or father.

Article 2. Equality between men and women in employment and occupation. Private sector. The Committee recalls the high number of non nationals among the population in the country and notes from the Labour Force Survey 2009 that significant differences exist in the employment of nationals and non-nationals, as well as men and women, in certain occupations such as armed forces, elementary occupations, plant and machine operators and clerks. A similar trend can be noted with regard to certain sectors of economic activity such as private households (53 per cent foreign women) and construction (primarily foreign men), public administration and defence (70 per cent male nationals), and education (27 per cent female nationals). The Government further indicates that in the banking sector, women’s participation reached 37.5 per cent, and that women have recently entered male-dominated occupations, including as train drivers, pilots, bodyguards, car mechanics and other non-traditional occupations. The Government also reports that, in 2013, the Council of Business Women included approximately 20,000 female employers compared to 12,000 in 2011. Business women represented 15 per cent of the total members of the boards of the chambers of commerce and industry. The Committee requests the Government 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. The Government is also requested to provide detailed information on the measures taken to address occupational gender segregation and the concentration of women in particular occupations and sectors, and to promote their employment in non-traditional occupations and in jobs with career opportunities.

Gender equality in the public sector. The Government reports that of the 66 per cent of the posts women occupy in the government sector, 30 per cent are in decision making positions, and 60 per cent in technical posts including medicine, teaching, pharmacy and nursing. Women have taken up ministerial portfolios and been appointed in diplomatic posts abroad. The Committee further notes the increase since 2008 in women’s participation in the judiciary, including as judges and deputy prosecutors, in addition to 17 assistant prosecutors receiving training to assume the post of Deputy Public Prosecutor, although numbers remain low. The Committee notes that, in 2014, 38.76 per cent of the employees in the Federal Government were women, of whom 44.9 per cent were employed in main posts and 4.8 per cent in service posts. However, statistical data for 2012 also indicates that women remain concentrated in the ministries of health (69.3 per cent) and education (71.2 per cent) with 57.6 per cent of women civil servants employed in the Ministry of Education and 30 per cent in the Ministry of Health. According to the Government, progress has been made in the employment of women in the regular armed forces, the police and the customs, including high-ranking positions, and as assistant undersecretary of State. The Committee requests the Government to continue to provide recent statistics, disaggregated by sex, on the employment of men and women in the various posts and occupations of the government sector, and in the judiciary, showing an evolution over time.

Proactive measures. The Committee notes that in December 2012, the Council of Ministers issued a decision relating to the mandatory representation of women on all boards and companies and government bodies in the State, and that the participation rate of women in the boards of federal and government bodies has reached 22 per cent compared to 1.5 per cent in companies included in the financial markets of the State. The Committee also notes the efforts to promote women’s employment as executive directors, and technical posts, through the women’s committees, and the adoption of policies on part time work and flexible working arrangements, including Federal Law No. 9 of 2011 authorizing part time work at a salary which is adapted at the grade of a vacant job. The Committee notes however 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 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. A large majority of respondents supported paid paternal leave. The survey also showed that opportunities for training and development, as well as for promotion and career advancement in the workplace were not available on a fair and equitable basis; 37.2 per cent of the women respondents indicated that family members imposed restrictions regarding their work. The Committee requests the Government to provide information on the measures taken to promote women’s employment in a wider range of occupations and posts of the civil service, including through measures to assist working parents to reconcile work and family responsibilities, and to provide equal opportunities for career advancement and training to women on an equal basis with men. Please also continue 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.

Foreign workers. The Committee recalls that migrant workers should enjoy the protection against discrimination on the grounds set out in the Convention (namely race, colour, sex, religion, national extraction, political opinion and social origin), and that providing appropriate flexibility for all workers to change employers may assist in reducing foreign workers’ vulnerability to discrimination and abuse. It also recalls the difficult working and living conditions of low-skilled male foreign workers (mostly originating from India, Pakistan and Bangladesh), and measures taken by the Government to such as the Wage Protection System (Minster of Labour Decision No. 788 of 2009). The Committee notes that the Government has taken further legislative steps to improve the flexibility for foreign workers to move from one employer to another, including Ministerial Decree No. 1186 of 2010 regarding Rules and Conditions for Granting Workers a New Work Permit after the end of the Employment Relation, which was apparently replaced by Ministerial Decree No. 765 of 2015 on Rules and Conditions for the termination of Employment Relations; two other Ministerial Decrees were adopted in 2015 to provide further flexibility and protection (including Minister of Labour Decree No. 764 of 2015 on the Ministry of Labour approved Standard Employment Contract, which includes provisions on remuneration, working time, dismissal and termination, and harassment). The new measures appear to allow the worker to end the contract of employment in case the employer fails to meet the contractual or legal obligations, or if a labour complaint is referred to the court by the Ministry and a final ruling is obtained in favour of the worker. While welcoming that the Government has taken further measures to protect migrant workers generally, the Committee notes that no further information has been provided on the measures taken to specifically protect these workers against discrimination in employment and occupation on the grounds of the Convention. The Committee requests 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. The Committee requests 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. Please also provide 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.

Domestic workers. The Committee recalls that domestic workers, the majority of whom are foreign women, are excluded from Federal Law No. 8 of 1980 and that migrant domestic workers come under the jurisdiction of the Ministry of Interior. The Committee notes that the Ministry of Interior received 1,321 complaints, the majority of which relate to violating terms of the employment contract, including wage and conditions of work. A few complaints have been submitted regarding violence and maltreatment, which are handled through criminal proceedings. The Government indicates that for the purpose of the investigation and while mediation is ongoing, a female domestic worker who wishes to continue to work in the country shall be provided with accommodation until she finds another job, or can go to the recruitment office to find another suitable employment (if she is still on probation), after which sponsorship must be transferred. The Government also mentions the development of a manual on handling women testimonies when evidence is being gathered by law enforcement officers. The Committee requests the Government 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. Given the particular employment situation of migrant domestic workers, the Committee hopes that the Law on domestic workers will soon be promulgated and contain provisions protecting these workers from discrimination in accordance with the Convention, and indicate any progress made in this regard. Please specify whether domestic workers are covered by the Minister of Labour Decree No. 764 of 2015 on the Ministry of Labour approved Standard Employment Contract, as well as by the recently adopted decrees to improve the flexibility of workers to change employment.

Enforcement and dispute resolution. The Committee notes that further measures have been taken to raise awareness among workers, including foreign workers, of their rights and assist them in filing complaints and obtain redress, and to strengthen monitoring and enforcement. It notes in particular, the System “My Salary” receiving workers’ complaints on a confidential basis, the Workers Guidance Unit and Workers’ Welfare Units, including the mobile worker’s welfare unit, benefitting 595,523 workers in Dubai, and the online service “My Dues Application” (in Arabic and English) launched in the Abu Dhabi Judicial Department in May 2014 to assist workers in the settlement of disputes. A judges training has been held in 2014 on gender equality and non-discrimination, and training courses and workshops organized on issues of non-discrimination and in courses on “management skills on matters pertaining to domestic workers”. The Committee requests the Government to provide information on the measures taken to assist workers, including foreign workers, to file complaints and obtain redress in cases of discrimination. Please include specific information 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. Please also provide information on activities of the Department of Worker’s Guidance and the workers’ welfare offices to promote the principles of the Convention, and on any measures to ensure that those involved in dispute resolution and enforcement receive appropriate training regarding non-discrimination and equality issues.