Introduction
The rapid integration of the United Arab Emirates with the rest of the world in the past few years is largely due to its fast economic growth. As a result, the UAE has turned into a labor-intensive nation with a lot of multinational corporations settling in. The discovery of gas and oil in the UAE has transformed it from a desert to a modern state characterized by a diversified population. Like any other fast-developing state, the UAE requires labor and human capital to sustain its fast-growing economy. Since it operates under an open economy, the UAE has a large population of expatriates from all over the world. The attraction of expatriates and individuals from different parts of the world has been attributed to the fast economic growth and the availability of employment opportunities (Adams & El Shunnar, 2011). Despite the fact that many people seek employment in the UAE, nonetheless, the state’s labor laws do not comply with the international labor law standards. There is a dire need therefore to change the existing UAE labor laws.
The international labor organization is an arm of the United Nations that specializes in labor law with the aim of promoting labor rights and social justice. The ILO operates with formulated recommendations and treaties which act as the minimum labor standards thus giving rights and social justice to workers (International Labour Organization, 2011). The minimum standards that form the basis for labor rights are freedom of association, equal opportunity, and treatment, restriction to child labor, rthe ight to have a collective bargaining and the right to organize (ILO, 2011). These standards act as a benchmark for improving the working conditions and treatment in the workplace. Despite the establishment of ILO standards and recommendations, the UAE labor laws do not comply with the basic standards and requirements. The report explores the UAE labor laws and compares them with the ILO standards and recommendations to showcase the need for legislative changes in the current UAE labor laws.
Findings and Analysis
The UAE labor force is largely made up of either expatriates or immigrants (Adams & El Shunnar, 2011). Although the UAE is a member of the ILO, nonetheless, it has been reluctant to make changes in its labor law thus benefiting from the cheap labour supplied by immigrants. The areas that need changes in the UAE labor law are discussed below.
Employment of women in the UAE
Women in the UAE are considered as a stay- at- home mom. However, the employed women are not allowed to take up permanent and professional jobs. It is estimated that only 28% of the women in the UAE make up its labor force. (Shediac, Haddad & Klouche, n.d). This portrays a discrepancy which according to the ILO standards and recommendations is gender discrimination. Although the UAE labour law requires employers to pay the women the same pay as stated in article 32 of the UAE labor laws (Gulf Talent, 2007) the number of women working is less compared to that of men.
Right to strike
Under the UAE labour law, employees are not allowed to hold any demonstrations or strikes in demand for pay rise or better working conditions. Under article 155, employees are supposed to submit their demands and claims to the employer and the labor department (Gulf talent, 2007). The ILO labour recommendation and standards requires all employees to be subjected to collective bargaining. The UAE labor ministry should amend its labor law to permit employees strikes and demonstration. Explicit procedures should be established to ensure that workers have the right to strike.
The UAE labor law Articles 155 to 166 should be amended to permit binding arbitration whereby cases of collective bargaining disputes are involved (Humans Right Watch, 2007). This would ensure that the grievances of the employees are agreed upon on a collective basis. For example, some contract negotiation and interpretation cases may have collective bargain but can be denied the right by their employers. In such a case, employees should be allowed to hold demonstrations and strikes as required by The International Labour Organization. This would ensure rapidity and impartiality in meeting the demand and addressing the grievances of the employees. Article 158 of the UAE labor law allows the formation of a conciliation committee that oversees that both the employer and the employee reach an agreement (U.A.E. Labour Law, 2001). The members of the committees are appointed by the labor minister. However, as required by the ILO, the conciliation committee should include workers’ representatives.
Most of the employees in the UAE are migrants and work in the domestic and the construction industry. Under the UAE labor law, migrant workers, security guards and those in the public sector are not allowed to go on strikes (Human Rights Watch, 2007). Migrant workers who engage in strikes with no tangible reason may be deported or their work permits cancelled. This is a discrimination against the non-nationals since the UAE nationals are no treated on the same grounds after engaging in strikes. This contradicts Article 14 of the UAE constitution which stipulates that the pillars of the nation are based on equality and social justice (Federal National Council, 2003). Under article 25 of the constitution, it is also stipulated that all persons will be treated equally without any discrimination whatsoever. Therefore, a legislative amendment of the Article 4 of the UAE labour law would be appropriate. This article excludes public workers, security workers, domestic workers, and farmers from participating in strikes (Human Rights Watch, 2007). Although the ILO recognizes exclusion of some states officers like the police and the armed forces from going on strikes and stoppages, the UAE labor law goes beyond the requirements of the ILO and excludes workers who are not engaged in state administration and security. For example, farmers, domestic workers, grazers, and workers in the public sector should not be denied their rights for participating in strikes or having a collective bargain.
Child labor
The UAE is one of the states in the world that benefits from child labour. Under Article 1 of the ILO convention, it is stipulated that each member states of the ILO have to pursue a policy that ensures that child labor is abolished. The ILO gives the minimum working age as 15 years and above. This is equivalent to the age at which schooling ends in that state (ILO, 2011). Nevertheless, if the state has no well structured educational system then the minimum age at which a child could be employed is 14 years. Based on the UAE labor law there are a lot of protections that are made to safeguard the rights of child workers and children. However, some of the provisions provided seem to contradict the protections hence the need for the changes. Internal contradiction looms on the age at which a child should be employed. The proposed child labor law prohibits the employment of a child under 15 years which complies with the minimum age given under the ILO convection number 138 (Human Rights Watch,2007 ). Based on article 1 of UAE labor laws however, a child is defined as an individual aged 13 years and above but below 18 years (Human Rights Watch, 2007). Now, an employer can legally employ or hire a person of age thirteen and fourteen since by definition that is an employable child. Therefore, an amendment should be made to avoid the hiring and employment of persons of age thirteen and fourteen. Based on the analysis changes would be appropriate to ensure that a confusion of the exact minimum age of child employment is reached. This would eliminate incidents of underage child or forced labor.
Sex Discrimination
This means the segregation or the denial of certain rights, obligations, and opportunities based on sex either in the workplace or at any other place. Articles 25 to 35 of the UAE labor law discriminate women on employment and even in offering vocational training opportunities. According to article 34 of the UAE labor law, a man has the mandate of observing a woman or a child. From Articles 24 to 34 it emerges that it is only a person of male sex who can consent on the employment of either a child or a woman (U.A.E. Labour Law, 2001). This is a kind of sex discrimination since a male person is given more opportunities and responsibilities than the female. Therefore it would be recommendable that article 34 of the UAE labor law be provoked to get rid of the requirement that it is only a male person or husband who can be held punitively responsible to observations of the provisions given on employing a woman or child (Human Rights Watch, 2007). Since the UAE constitution was founded on the pillars of equality with no discrimination whatsoever (Federal National Council, 2003), then the UAE labour law should recognize adult women and treat them with full legal capacity as men.
The international law is always against discrimination in the workplace or during employment. On the other hand, human rights declarations hold that discrimination should not be practiced on the basis of sex since every person has the right to enjoy their work. It also recognizes that people have the freedom of choosing the type of profession, work under favourable working conditions as well as having the right to equal pay (Human Rights Watch, 2007. All the people are supposed to enjoy all the social, economic and political as well as cultural rights inclusive of the right to work. This is supported by the ILO convention which states that people should not be nullified for certain professions because of their sex or social backgrounds (ILO, 2011) and the member states should ensure that it does not happen.
“The Convention on the Elimination of All Forms of Discrimination Against Women” (Human Rights Watch, 2007, p.10), guarantees women the same employment opportunities, the right to choose a profession, equal pay or remuneration as well as treating the people with the same value and dignity. The UAE should put all this in the amendment of the articles 24 to 35 of the UAE labor law. The regulation on the hours that women should work is not merely sex discrimination but a prohibitive measure to ensure that women are kept at home and not to advance career wise or become economically stable. This has created high dependence ratio in UAE where women and children are treated as the same.
Article 34 of the UAE labour law holds that woman guardian or husband should be held punitively accountable for observing a woman’s work restriction (Gulf Talent, 2007). This violates the international law since women workers are treated like minors as their legal capacity is restricted. Instead, women should be treated like full adults and be given full legal capacity and identity. Other than this discriminatory aspect of legal capacity, the same article, give male guardians the ultimate power to control women. The male guardians may impose restrictions to women thus ruining their employment opportunities. This goes contrary to the international law, human rights provisions as well as the UAE constitutions. Thus article 35 should be revised to accommodate the freedom of women and provoke restrictions subjection from male guardians and be treated with respect, dignity, and as competent adults.
Prevention on constrained, forced labor and deception
As one of the leading employers of non-nationals in the Middle East (Adams & El Shunnar, 2011), the UAE is among the countries that engages migrant people in forced labour, restrict their movements, and deceive them. According to Article 2 of the UAE labor law, contracts, files and records among other documents inclusive of passports are issued in Arabic language even when the person holding the documents is of foreign origin (Gulf Talent, 2007). This can result in misunderstandings since the employee can be deceived on certain issues concerning employment terms and conditions. This should be amended to ensure that Article 2 of the UAE allows contracts and other documents be written in both Arabic and a language which is familiar to that worker. The contracts and instructions upheld by the workers as well as the work permits should also be availed in both the worker’s language and in Arabic.
On the other hand, Article 21 requires the employer to obtain the birth certificate of a child and keep it in their personal files (Gulf Talent, 2007). The confiscation of documents combined with the provision of documents in Arabic may lead to forced labour and mistreatment. To avoid this, the right of workers to posses their original legal documents like certificates, passports, work permits, and other documents should be ensured to avoid deception. Under the international law forced labor is prohibited as a worker is not bound to work unwillingly or under duress. The ILO convection recommends that migrant employees should be paid for the worked hours and be provided with their wages and salaries immediately after their working. It also requires the employer to provide the employee with enough information on the form of employment and contract they are in and be provided in their mother tongue or a language in which they can easily understand or comprehend (Human Rights Watch, 2007). These changes should be incorporated in Articles 2 and 21 to ensure that the rights of the workers meet the human rights expectations as well as the ILO standards and recommendations.
Penalty imposed of the violation of the UAE labor laws
Article 183 of the UAE labor law stipulates that once an offence has been committed and a similar offense is carried by the same offender, prior to the lapse of one year upon the judgment of the same offence, the offender has the likelihood of getting a double penalty (Gulf Talent, 2011). People should be subjected to a fair trial when an offence has been conducted. Given that an employer violates the employment laws, instead of getting a just imprisonment they are just fined. This can grow to a habit since the employer knows he/she will get away with the offence. Changes should be carried on the article to allow just imprisonment of employers who violate the labor law. This would ensure that the same heinous crimes are not repeated and the employees’ rights are respected.
Work flexibility
With the current hard economic times and the economic downturns, employers face the challenge to employ many employees. Work flexibility which is cost effective could help solve the problem as well as employing the UAE nationals and other non nationals. UAE labor laws do not allow work flexibility programs like telecommuting, job sharing, and part-time jobs, among others. They concentrate on full time employment with some days off as required by the llaborlaw. By adopting work flexibility programs, it would be possible for UAE to cut cost of production, increase llaborparticipation, reduce unemployment, and boost business agility (Shediac, Haddad & Klouche, n.d). Articles 36 to 39 of the UAE labor law allow employees to get into a contractual agreement which should be either an indefinite or definite term (U.A.E. Labour Law, 2001). Also in the whole UAE labor law there is no provision that caters for work flexibility. In order to enjoy the benefits that both employer and employee can achieve through work flexibility, it would be imperative to consider having work flexibility in the UAE labor law.
Conclusion/ Summary
Based on the above analysis, it is clear that a lot of legislative changes are required which need to be effected in the UAE labor law. It is also clear that basic human rights are violated under the same labor laws. The International Labour Organization standards and recommendations are not fully incorporated in the UAE llaborlaw. The discussed provisions and the expounded alternatives are fundamental in ensuring the basic human rights and social welfare of employees in the workplace is observed. Incorporation of the changes in the UAE labor laws would ensure that the basic human rights are respected.
Recommendations
It is recommended that the UAE observes the ILO standards and recommendation and uphold onto them as required of it as a member. UAE should also observe the basic human rights and the international rights and incorporate them by amending the discussed articles of the labour law. Lastly, the discussed proposals and recommendations need to be put into considerations and implemented as soon as possible to ensure workers rights are observed and the UAE constitution respected.
References
Adams, S., & El Shunnar, N. (2011). Transferring sponsorship in the UAE – Increased Flexibility for 2011? News and Publications. Web.
Federal National Council (2003). United Arab Emirates Constitution. Web.
Gulf Talent.( 2007). UAE Labour Law. Web.
Human Rights Watch. (2007). The UAE’s draft labor law: Human rights watch’s comments and recommendations. Web.
ILO. (2011). C98 Right to organise and collective bargaining convention, 1949. Web.
ILO. (2011). C138 Minimum age Convention, 1973. Web.
ILO. (2011). C111 Discrimination (Employment and Occupation) convention, 1958. Web.
International Labour Organization (2011). Conventions and recommendations. International Labour Organization. Web.
Shediac, R., Haddad, C., & Klouche, M. n.d. The case for flexible employment in GCC countries. Web.
U.A.E. Labour Law. (2001). Federal law no. (8) of 1980: labour law and it amendments. Web.