Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Emirats arabes unis (Ratification: 1982)

Autre commentaire sur C029

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

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.