Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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. Discrimination based on sex, race or colour. Migrant workers. The Committee previously noted 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 by sexually harassment, in which circumstances a worker may leave without notice and submit a “duly admissible complaint”. Regarding the complaint procedure for sexual harassment, the Government indicated previously that there is no specific procedure or condition for the acceptance of grievances, although complainants can file their cases at one of the “Tasheel” service centres across the country, or via the Ministry of Human Resources and Emiratization. The Committee notes that the Government’s report does not explain the meaning of the expression “duly admissible complaint” on sexual harassment in the context of the Standard Employment Contract. In this regard, the Committee asks the Government once again to: (i) clarify the meaning of the expression “duly admissible complaint” on sexual harassment in the context of the Standard Employment Contract; and (ii) provide information on the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant workers to the “Tasheel” service centres and their outcome.

Migrant domestic workers. The Committee previously noted the adoption of Federal Law No.10 of 2017 to protect domestic workers and asked for information on its practical application. Noting that the report is silent on this point, the Committee asks the Government to provide information on: (1) the number, nature and outcome of complaints (not restricted to gender-based complaints) submitted by migrant domestic workers regarding violations of Act No. 10 of 2017; and (2) any practical measures taken to protect women migrant domestic 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.

Article 2. Equality between men and women in employment and occupation. The Committee takes notes of the adoption by the Government of the Strategy for the Empowerment of Emirati Women 2015–2021. The Strategy focus underlines the empowerment of Emirati women in a number of areas, such as education, economy, law-making or decision-making. The Committee recalls that the Gender Balance Guide adopted in 2017 provides a clear frameworks and standards to help employers establish a supportive environment for gender balance by addressing the gaps affecting both men and women, and provides an overview of the opportunities available to promote gender balance within an organization’s management, performance and policy structures. Its final objective is to ensure equal opportunities for both men and women to contribute to the country’s sustainable development, while establishing the United Arab Emirates as a role model for gender balance locally, regionally and internationally. The Committee observes that, according to the Global Gender Gap Report from the World Economic Forum of March 2021: women participation to the labour force in the country is 52.9 per cent for women compared to 94.1 per cent for men; women comprise 21.5 per cent of managerial and senior positions (as compared to 78.5 per cent for men); and 50 per cent of parliamentarians. The Committee asks that the Government provide information on proactive measures taken, particularly within the framework of the Strategy for the Empowerment of Emirati Women 2015-2021, to promote employment opportunities for women in sectors where women remain under-represented, both in the public and private sectors. Please, also 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.

Family responsibilities. The Committee takes due note of section 30bis of Legislative Decree No. 6 of 2019 which provides that “termination of a working woman’s service or her warning thereof on the grounds of her pregnancy is not authorized because termination of service in this case shall be considered abusive according to section 122 of this law”. It also notes that section 74 of the Legislative Decree specifies that “a male worker shall be granted a paid paternity leave for five days for childcare, […] as of the date of the child’s birth up to six months”. The Committee asks the Government to provide information on: (i) the number of men who have availed themselves of their right to paternity leave since the adoption of the Legislative Decree No. 6 of 2019; (ii) any measures taken or envisaged to promote the take up of paternity leave by fathers; and (iii) any obstacles encountered to increase the numbers of fathers taking such leave. Please provide copies of any studies, reports or information on the impact of the recent take up of paternity leave on the advancement of gender equality, particularly in employment and occupation.

Article 5. Restrictions of the employment of women. The Committee notes that the Federal Act No. 8 of 1980 (Labour Law) was amended in 2020 (Law No. 6). It notes that sections 28 and 29 of the Labour Law, which prohibit night work, and jobs that are dangerous, arduous or detrimental to health or morals of women were not amended. In this regard, the Committee wishes to point out again that, protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, are contrary to the principle of equality of opportunity and treatment between men and women in employment and occupation. As regard Ministerial Order No. 3 of 2009 on work permit, the Committee notes the Government indications that it has annulled all previous circulars and instructions, in particular the provisions requiring women to obtain their husband’s, father’s or guardian’s permission to take up work. The Committee asks once again the Government to ensure that sections 28 and 29 are amended in light of its previous comments that any restrictions on the employment of women should be limited to maternity protection in the strict sense, that is during pregnancy or childbirth and its consequences or nursing, or based on occupational safety and health risk assessments. It also asks the Government to provide a copy of the legislation, which annulled the requirement for women to obtain a work authorization from their husband, father or guardian.

Enforcement and dispute resolution. The Committee asks the Government 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.