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Legislative framework. The Committee, referring to its previous comments, recalls that section 32 of the Federal Act No. 8 of 1980 regulating employment relationships only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the revision of section 32, which is still ongoing. The Committee urges the Government to take the necessary steps to make progress in the revision of section 32, which it hopes will fully reflect the principle of equal remuneration for men and women for work of equal value. The Government is requested to provide information on the progress made in this regard.
Application in the civil service. The Committee notes the statistical tables on the grades and salaries of employees working as public officials in the civil service, which are not disaggregated by sex, as well as the statistics of 2008 on the distribution of male and female public officials at the different ministries. While appreciating the statistics provided, the Committee would be grateful if the Government could provide an indication of the distribution of men and women in the various grades with their corresponding salaries of the employees working in the civil service, indicated in the statistical tables provided.
Objective job evaluation. The Committee notes the manual on the classification of jobs in the public service issued by the Department of Staff Affairs at the State Ministry. The Committee notes that the manual identifies the job category, title and grades of the posts, as well as the educational classifications required. However, neither the Manual nor the Government’s report indicate which method based on objective criteria has been used to classify the different posts and grades, nor do they indicate how it has been ensured that the selection of factors of comparison, the weighing of such factors and the actual comparison, is free from gender bias and not inherently discriminatory based on sex. The Committee asks the Government to indicate which method of objective job evaluation has been used for classifying jobs in the civil service. Please also provide information on the measures taken or envisaged to promote the objective evaluation of jobs in the private sector.
Application in the private sector – statistics. The Committee notes the detailed statistical tables of migrant workers and citizens, disaggregated by sex, according to occupation, educational level or sector of activity (2005–07), and those following the population Census of 2005 on employed citizens and non‑citizens. However, the statistics do not provide any indication of the remuneration levels of persons employed. The Committee notes in this regard the Government’s indication that the survey on recruitment, wages and working hours in the private sector was to be finalized by the end of 2008. The Committee asks the Government to provide a copy of the survey with its next report. Recalling further its 1998 general observation and its previous comments regarding the type of statistics needed to determine the nature and extent of differences in remuneration between men and women, the Committee encourages the Government to take further steps to collect the fullest possible statistical data on remuneration levels of men and women in the private sector, and report on the progress made in this regard.
Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report regarding the consultations between government officials and the Federation of Chambers of Commerce and Industry (representing the employers) and the Coordination Committee of Professional Associations Operating in the Country (representing the workers). While appreciating these initiatives, the Committee would be grateful if the Government would indicate more specifically how these and other activities have contributed to the effective promotion of the principle of the Convention.
Enforcement. The Committee notes the Government’s indication that no complaints were submitted to the labour inspectorate concerning wage inequalities between men and women because the Ministry of Labour immediately intervenes when disparities occur. The Committee recalls that the absence of complaints on pay inequalities may also result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers or from difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention. It also asks the Government to indicate the specific steps taken by the Ministry of Labour in coordination with the private sector where wage disparities have been found, to provide information on any administrative or judicial cases relating to wage discrimination based on sex, including the outcome of such cases.
1. Legislative framework. Work of equal value. The Committee has been noting for a number of years that section 32 of Federal Act No. 8 of 1980 regulating employment relationships, which states that “a woman’s remuneration shall be equal to that of a man if she performs the same work”, is narrower than the principle laid down in the Convention, since it does not include the key concept of “work of equal value”. The Committee notes the Government’s indication that this section is under review, and that in this process, consideration will be given to widening the concept in line with the Committee of Experts’ comments. In this context, the Committee draws the Government’s attention to its general observation of 2006 on this Convention, which notes that where legal provisions are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urged governments to take the necessary steps to amend their legislation: “Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee urges the Government to ensure that in the process of revising section 32, the concept of work of equal value is included, and asks the Government to keep the Committee informed of progress made in this regard.
2. Application in the civil service. The Committee had requested information on the measures taken to inform male and female civil servants of their equal access to all levels and grades. The Committee notes the Government’s response that this is ensured through the distribution of circulars issued by the competent authority. The Committee asks the Government to provide details regarding the content of these circulars and how they promote equal remuneration for men and women for work of equal value, and to provide any other information on measures taken to ensure the application of the principle of the Convention in the civil service.
3. Objective job evaluation. The Committee notes that the Government is currently considering setting standards in the public service for the determination of equal remuneration for work of equal value, which would take into account qualifications, on-the-job training received, the nature of the work, requirements of the job, difficulties of the job, as well as productivity and production. The Committee recalls the importance of objective job evaluation, in particular in establishing whether jobs of a different nature are of equal value. The Committee hopes that the process being considered by the Government will permit the comparison of not only the same or similar jobs, but also of jobs of an entirely different nature. The Committee also recalls its 2006 general observation where it cautioned that care must be taken to ensure that job evaluation methods are free from gender bias, and that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. The Committee asks the Government to keep it informed of the status of the process of introducing objective job evaluation methods in the public service, and of any measures taken or envisaged to promote objective job evaluation in the private sector.
4. Cooperation with workers’ and employers’ organizations. In its previous comment, the Committee noted tripartite initiatives that had been taken in promoting the principle of the Convention. The Committee asks the Government to provide additional information on these activities and the results achieved, as well as on any further tripartite initiatives taken.
5. Enforcement. The Committee notes that according to the Government, the Ministry of Labour has issued instructions for labour inspectors to verify in undertakings whether men and women are receiving the same salary for work of equal value, with respect to job requirements and production. The labour inspectors are also to provide advice and guidance to undertakings where disparities in salaries are found. Where wage disparities are found, the Ministry then gets involved, in coordination with the private sector, and through training and information programmes. The Committee asks the Government to provide information on any complaints that have been made to the labour inspectorate concerning equal remuneration between men and women, as well as on any relevant investigations initiated by the labour inspectors themselves, and how these have been handled including the findings and any remedies provided or sanctions imposed. The Committee also asks the Government to provide information on the specific steps that the Ministry of Labour has taken in coordination with the private sector where wage disparities have been found. Please also provide information on any administrative or judicial cases relating to wage discrimination, including the outcome of such cases.
6. Statistical information. The Committee notes that the Government has provided statistical information on the number of women and men at the various grades of the civil service, but that no statistics are provided for remuneration levels disaggregated by sex. The Committee notes further the Government’s statement in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Ministry of Labour is currently undertaking a survey for the collection of information on women’s employment in the private sector according to occupations, and the level of wages. In this context, the Committee draws the Government’s attention to its 1998 general observation on this Convention, asking that statistical information, disaggregated by sex, be collected with respect 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/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;
(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).
7. 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). Noting the importance of collecting and analysing statistics concerning the remuneration received by women and men in order to assess the nature and extent of the differences in remuneration between women and men in all job categories and in different sectors, the Committee asks the Government to continue to take steps to ensure that it is able to provide the Committee with the fullest possible statistical information in its next report. Please indicate any progress made in this regard.
1. Articles 1 and 2 of the Convention. Allowances in the civil service. The Government states that the Federal Civil Service Act No. 21 of 2001 provides for equal wages, allowances, and other emoluments. The Council of Ministers had promulgated a number of orders regarding allowances and emoluments in the civil service, such as a social emolument, children’s allowance, a living index allowance, and allowances for certain qualifications, housing allowance, and a travel and mobility allowance. The Committee asks the Government to provide the texts of the orders regarding these allowances and emoluments.
2. Work of equal value. The Committee recalls that section 32 of Federal Act 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 has previously pointed out in respect to this provision that the Convention requires the Government to promote and ensure the principle of equal remuneration not only in respect to men and women doing the same type of work, but also in respect to men and women engaged in different types of work but which are nevertheless of equal value when analysed and compared on the basis of objective criteria such as skills, efforts, and difficulty.
3. The Committee notes the Government’s statement that section 32 of Federal Act No. 8 provided for equal remuneration for men and women for work of equal value in practice. However, the examples given by the Government by way of illustration, such as equal remuneration of male and female doctors or male and female teachers, while welcome, indicate a limited approach as compared to the principle set out in the Convention. Under the Convention, a comparison of the remuneration earned by men and women performing different occupations or professions should be possible if the work performed is of equal value. The Committee therefore once again urges the Government to bring section 32 of Federal Act No. 8 into greater conformity with the Convention and recalls that the Government may wish to avail itself of technical assistance by the ILO to this end.
4. Application of the Convention in practice. The Government states that the Federal Civil Service Act provided for equal access of men and women to the different levels and grades and that special information had been prepared to inform men and women occupying various grades in this regard. The Committee asks the Government to supply information on the numbers of women and men employees occupying each level and grade in the civil service and their earnings. Please also provide additional information on the measures taken to inform male and female civil servants of their equal access to all levels and grade.
5. The Committee thanks the Government for providing statistical information regarding average monthly wages of workers registered with the Ministry of Labour and Social Affairs by 31 December 2003. It notes that for a certain number of registered employees no indications are available in respect to their sex and wages. Nevertheless, the Committee notes that, according to the information available, women’s average wages are lower than men’s in some occupational groups, while in others they are higher. The Committee asks the Government to make every effort to collect and supply to the Committee complete statistical information on the remuneration received by men and women in the various occupational categories and also on the composition of earnings.
6. Article 3 of the Convention. Objective appraisal of jobs. The Committee notes the Government’s statement that the classification of posts and the determination of wages in the civil service were based on the scientific qualifications required, the duties of the job, professional experience, as well as capacity and skills. The Committee observes that these are objective criteria which are hopefully applied equally to men and women without regard to sex or sex-stereotypes. In regard to employment other than the civil service, the Committee recalls the usefulness of putting in place some system for the objective evaluation of jobs in order to avoid remuneration being fixed on the basis of stereotypical assumptions with regard to men’s and women’s work. This is particularly important in order to avoid the under-evaluation of jobs in sectors which are dominated by either sex. The Committee therefore reiterates its request to the Government to provide information on the manner in which it promotes the adoption of methods for the objective appraisal of jobs on the basis of the work to be performed in the private sector.
7. Article 4 of the Convention. Cooperation with workers’ and employer’s organizations. The Committee notes that awareness with regard to equal pay of men and women was raised through reviewing the application of the relevant standards at a tripartite level, as well as through workshops, training sessions, and technical symposia. The Committee would appreciate receiving additional information on these activities and the results achieved, as well as on whether the issues raised by the Committee had been discussed in this context.
8. Part III of the report form. Labour inspection. The Committee notes that the Ministry of Labour and Social Affairs is undertaking regular training sessions for female and male labour inspectors and that the Government endeavoured to create a competent labour inspectorate, including with regard to international labour standards. Labour inspectors had not yet found any case of wage discrimination on the basis of sex. Please continue to provide information on the activities of the labour inspection services with regard to ensuring equal remuneration of men and women for work of equal value.
The Committee notes the information provided by the Government in this and last year’s reports, and attached legislation and statistical tables.
1. Article 1(a). Further to its previous direct request, the Committee notes the Government’s explanations with respect to additional payments excluded from the basic wage, and in particular its confirmation that the term remuneration includes "the basic and ordinary wage and all the emoluments and other benefits paid by the employer to a worker, whether directly and indirectly, in return for his or her work, and without discrimination based on sex".
2. Article 1(b). With respect to section 32 of Act No. 8 of 1980 regulating employment relationships which provides for equal remuneration for men and women for the same work, the Committee notes the Government’s explanation that section 32 applies to equal work as well as to work of equal value. The Government also declares that in practice equal remuneration for men and women is being attained in all cases in similar work, and in work of equal value, without any discrimination based on sex. The Committee asks the Government to provide the concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed in the same establishment, but also to discrimination that may arise out of the existence of occupational categories and jobs reserved for women. In this regard, it also refers the comments made under point 9 of this direct request. Recalling also Paragraph 3(1) of Recommendation No. 90, the Committee urges the Government to consider giving legal expression to the language in Article 1(b) of the Convention.
3. The Committee notes that Federal Act No. 8 of 1980 was amended by Federal Act No. 24 of 1981 to cover also temporary workers and workers employed in small enterprises of a maximum of five workers. It notes, however, that domestic workers and workers of a similar occupation continue to be exempted from Federal Act No. 8 of 1980 and are covered by the Act on Civil Operations. Noting also that a model contract exists for this category of workers that includes a reference to wages, the Committee would be grateful if the Government would supply a copy of the Act on Civil Operations and of the model contract of employment used for domestic workers. It also asks the Government to indicate how the principle of equal remuneration for men and women is applied to domestic workers and workers of a similar occupation.
4. Articles 2 and 3. The Committee notes that according to section 8 of that Federal Act No. 21 of 2001, the Council of Public Service may suggest special rules on wage and salary policies, and it would be grateful if the Government would supply copies of such special rules issued by the Council of Public Service. Noting that the Government indicates that an evaluation of jobs is made in an objective and continuous manner through the competent authorities and within the ambit of the general principle of equality enshrined in the Constitution, the Committee asks the Government to provide information on the criteria used for the classification of posts and determination of salaries in the public service, and to indicate the manner in which the objective evaluation of jobs in the public service is ensuring equal pay for work of equal value. The Committee notes the table annexed to Act No. 21 setting the monthly salaries of public servants ranging from administrative assistant (grades 14 to 11), middle management (grades 7 to 10), senior management (grades 3 to 6) to the most senior-level management (including grade 2 and 1 advisers, assistant to the Director-General and the Director-General). It asks the Government to provide information on the numbers of men and women employees occupying each level and grade.
5. The Committees notes that according to section 63 of Federal Act No. 8 of 1980, the minimum rate of remuneration and the cost of living allowance payable either generally or in the case of a particular area or occupation shall be fixed by decree on the basis of a proposal made by the Minister of Labour and Social Affairs, and after consulting the competent authorities and the workers’ and employers’ organisations. It would be grateful if the Government would supply copies of any such decrees, adopted and to provide information on the methods used by the Minister of Labour and Social Affairs and the social partners for determining minimum rates of remuneration and for ensuring that equal remuneration for work of equal value is applied in decrees fixing minimum rates of remuneration.
6. Further to the above and with reference to its previous request for information on the methods used for the evaluation of jobs and the measures taken or envisaged, the Committee notes the Government’s statement that equal remuneration for work of equal value is ensured through the supervision, revision and certification of all employment contracts in the private sector by a special division within the Ministry of Labour and Social Affairs, before their adoption. While noting the value of this system of supervision for the implementation of section 32 of the Act No. 8 of 1980, the Committee, nevertheless, has to point out that under the terms of Articles 2 and 3 of the Convention, some system has to be in place for the objective evaluation of jobs in which women predominate, alongside those in which men predominate with a view to identifying and correcting cases of wage discrimination that are based on stereotypical perceptions or sexist prejudices which lead to an under-evaluation of jobs principally occupied by women. It, therefore, hopes that the Government will provide information, in its next report, on the manner in which it identifies and eliminates wage differences that may exist in practice between men and women for work of a different nature but of equal value.
7. The Committees notes that regular consultations are being held between the Government and the workers’ and employers’ organizations on matters related to international labour standards, and asks the Government to supply information on the manner in which these consultations are promoting equal pay for men and women for work of equal value.
8. Noting the Government’s statement that the cases reported by the labour inspection mostly concern delays in the prompt payment of wages, the Committee draws the attention of the Government to the fact that due to the lack of knowledge amongst labour inspectors on questions concerning equal pay for work of equal value or the lack of specialized staff, including women inspectors, wage inequalities between men and women may be less easily detected and reported. The Committee asks the Government to indicate whether any measures have been taken or envisaged to strengthen the capacity of the labour inspectors to report on wage inequalities between men and women, for example, by holding courses on international labour standards, particularly on Convention No. 100, or gender equality courses in the context of the inspectors’ training programme. It asks the Government to keep it informed of any cases of wage discrimination detected by the labour inspectorate and by the special unit of the Ministry of Labour and Social Affairs that is responsible for supervising individual employment contracts.
9. The Committee notes the statistics provided by the Government on the wages of women and on the economically active population according to occupation, which is not disaggregated by sex. It also notes the Government’s statement that there are no wage inequalities in the public and mixed sectors because wages are determined according to job level and stage. While fully appreciating the statistical data provided, the Committee recalls that in order to assess the manner in which the Convention is applied in practice, it is necessary to make a comparison between the wages received by men and those received by women, according to their level of occupation. It also recalls that implementing the principle of equal remuneration for work of equal value will necessarily involve difficulties, even when it is generally accepted, because of the complex and evolving nature of the problem and the equivocal character of the various forms of wage discrimination. Noting that the Government indicates that the information on the average earnings of women and men in the private sector will be available in the future, the Committee hopes that the Government will supply this information, in its next report, as well as any other relevant data, disaggregated by sex, in accordance with the 1998 general observation, in order to permit an adequate evaluation of the nature, scope and causes of any wages differences between men and women.
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.