Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Arab Emirates (RATIFICATION: 2001)

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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.

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Article 1(1)(a) of the Convention. Definition and prohibition of discrimination in employment and occupation. Legislation and practice. The Committee recalls that Federal Law No. 8 of 1980 on the Regulation of Labour Relations (the Labour Law) does not contain a general definition and prohibition of discrimination. Consequently, in its last comment, the Committee urged the Government to take the necessary steps to ensure that future amendments to the Labour Law include a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers, including non-nationals. The Committee takes note of the adoption of Legislative Decree No. 6 of 2019 (amending the Labour Law of 1980), which provides in section 7bis that: “Discrimination shall be prohibited between persons if it weakens equality of opportunity or jeopardizes equality in obtaining or in retaining a job, or in enjoying rights arising therefrom. Discrimination shall also be prohibited in work involving the same tasks”. The Committee also notes the Government’s indication in its report that the prohibition of discrimination on the grounds set out in the Convention will be enacted in new legislation and that a copy of the legislation will be sent to the Office once it has been promulgated. While noting the above amendments of Labour Law No. 8 of 1980, the Committee firmly hopes that the new law announced by the Government will be adopted in the near future and will define and prohibit direct and indirect discrimination based on all the grounds in the Convention with respect to all aspects of employment and occupation (i.e. access to vocational training, to employment and to particular occupations, and terms and conditions of employment). The Committee expects that all workers (i.e. both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy) will be covered.

Discrimination based on sex. Sexual harassment. Legislation. The Committee hopes that the Government will take the opportunity of the new legislation on discrimination that has been announced to: (i) incorporate a comprehensive definition of sexual harassment, applicable to both the public and private sectors; (ii) provide for access to effective remedies; and (iii) prevent and address sexual harassment in employment and occupation by, for example, launching awareness-raising campaigns, encouraging management training on the prevention of sexual harassment and inviting employers to establish formal workplace policies and procedures to deal with sexual harassment. The Government is requested to provide information on any progress made to this end.

The Committee is raising other matters in a request directly addressed to the Government.

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Article 1 of the Convention. Sexual harassment. In its earlier comments, the Committee asked 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. The Committee asked the Government to identify progress made in this regard and also to provide information on how cases of sexual harassment are addressed by the specialized committees. The Committee further asked for clarification of the meaning a “duly admissible complaint” on sexual harassment in the context of the standard employment contract. The Committee notes an absence of information in the Government’s report on the adoption of a legislation defining and explicitly prohibiting both quid pro quo and hostile environment harassment in employment. The Committee notes 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 sexually harassment, upon which the worker may leave without notice and submit a “duly admissible complaint”. Regarding the complaint procedure for sexual harassment, the Government indicates that, there is no specific procedure or condition for the acceptance of grievances; complainants can file their case at one of the “Tasheel” service centres across the country or via the Ministry of Human Resources and Emiratisation. Recalling that sexual harassment in the workplace is a serious form of sex discrimination, the Committee once again emphasizes that without a clear definition of sexual harassment in employment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment, both quid pro quo and hostile working environment sexual harassment (see General Survey of 2012 on the fundamental Conventions, paragraph 791). Consequently, the Committee asks the Government, once again, to take steps: (i) to incorporate a comprehensive definition of sexual harassment, in the labour legislation applicable to both the private and public sectors and to provide for access to effective remedies; and (ii) to prevent and address sexual harassment in employment and occupation, such as for example, launching awareness-raising campaigns on the subject, encouraging management training on sex-based harassment prevention, or inviting employers to establish formal policies and procedures to deal with sexual harassment, and to provide detailed information in this regard. Noting that the Government report is silent on the meaning of the expression a “duly admissible complaint” on sexual harassment in the context of the standard employment contract, the Committee asks the Government to clarify the meaning of this expression and also to provide information on cases of complaints related to sexual harassment that have been submitted to the “Tasheel” service centres and their outcome.

Article 2. Equality between men and women in employment and occupation. Private sector. In its previous comment, the Committee asked the Government: (i) 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; (ii) to provide detailed information on the measures taken to address occupational gender segregation and the concentration of women in particular occupations and sectors; and (iii) to promote their employment in non-traditional occupations and in jobs with career opportunities. The Committee notes that according to the statistical information provided by the Government, the total labour force in the UAE in 2016 was 6,330,540. The labour force participation rate was about 91 per cent of the total male population aged 15 years and above, while the female labour force participation rate was about 42 per cent of the total female population in comparison to 36 per cent in 2015. The statistics also show that that 77 per cent of working nationals are in public, federal and local organizations; 17 per cent work in the joint sector, while nationals in the private sector make up only 6 per cent. Migrant workers account for about 85 per cent of the work force, and they are mainly found in the construction, manufacturing, trade and service sectors. The Committee also notes the Government’s indication that the Gender Balance Council was established in 2016 in order to formulate national policies to achieve equality and balance between the sexes in all areas. One of the first initiatives carried out by the Council was the development of the Gender Balance Guide covering both the public and private sectors; the Guide was developed in collaboration with the Organisation for Economic Cooperation and Development (OECD). The Committee notes that the Guide provides a set of recommendations, including: (i) the adoption of practices to ensure that enterprises have procedures in place to monitor and report on all national gender balance performance indicators; and (ii) the incorporation of gender balance in the demands made of enterprises (e.g. reviewing policies to check for unintended adverse gender-based effects; ensuring budgets supportive of gender balance; and providing statistics disaggregated by sex in matters relating to gender balance). The Committee asks the Government: (i) to identify the measures taken to implement the recommendations of the Gender Balance Guide and address existing occupational gender segregation in both the public and private sectors; (ii) to 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; and (iii) to provide detailed information on the concrete measures taken to address occupational segregation and the concentration of women in particular occupations and sectors, and to promote women’s employment in non-traditional occupations and in jobs with career opportunities.

Public sector. Previously the Committee asked the Government to provide recent statistics, disaggregated by sex, on the employment of men and women in the various posts and occupations of the government sectors, and in the judiciary. The Government reports that in 2017, the proportion of women in the federal Government workforce exceeded 52 per cent (while the Committee had noted that, in 2014, 38.76 per cent of the employees in the Federal Government were women). The Committee also notes that women’s participation in the judiciary has reached 23 per cent (out of 608 staff), 72 per cent in the health sector (out of 8,014 staff), and 69 per cent in the education sector (out of 17,009 staff) and that women remain concentrated in certain sectors. On the federal level, the Dubai Women Establishment (a public organization that influences governments and businesses to include women in leadership positions), has developed a national strategy to increase women’s participation in the labour market. The Committee asks the Government to provide information on proactive measures taken to promote employment opportunities for women in sectors where women remain under-represented. The Committee also asks the Government to identify the obstacles encountered by women in joining other sectors and to continue to provide updated statistics, disaggregated by sex on the employment of men and women in the various posts and occupations of the government sectors.

Proactive measures. The Committee asked the Government to provide information on: (i) the measures taken to promote women’s employment in a wider range of occupations and posts within the civil service, including measures to assist working parents in reconciling work and family responsibilities; (ii) equal opportunities for career advancement and the training of women on an equal basis with men; and (iii) on the progress made in the representation of women on boards and companies of government bodies and through the women’s committees. As regards reconciling work and family responsibilities, the Government indicates that Legislative Decree No. 17 (2016), amending certain provisions of Federal Law No. 11 (2008), on Human Resources, has introduced an entitlement to three-months maternity leave for women in addition to a daily rest period of two hours to nurse their child for four months from date of delivery, and two weeks parental leave (section 53). The Committee takes note of this information, in particular the recognition of parental leave but observes that it responds only partially to the Committee’s requests concerning the reconciling of work and family responsibilities. The Committee had previously noted (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 practice 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. Noting that women who continue to bear the unequal burden of family responsibilities in practice, the Committee asks the Government to provide information, including statistical data, on the effective application of the measures adopted to assist working parents to reconcile work and family responsibilities (such as parental leave, flexible working arrangements). Noting that the Government does not respond to the other points, the Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to promote women’s employment in a wider range of occupations, in particular to positions of responsibility in both the public and private sectors; (ii) to provide equal opportunities for career advancement and training to women on an equal basis with men; and (iii) 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.

Migrant workers. Previously, the Committee asked 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. In addition, the Committee asked 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, as well as statistical 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. It also mentions the organization of a number of awareness-raising campaigns for both foreign workers and employers on the appropriate mechanisms for claiming rights or lodging complaints. The Committee asks the Government to provide information on the results achieved by the various measures adopted, in particular to eliminate any discriminatory practices against the least skilled workers employed on construction sites on the grounds set out in the Convention, particularly race, colour and national extraction. The Committee once again requests the Government to provide up-to-date 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, indicating whether they have requested and been granted a change of workplace.

Domestic workers. Previously, the Committee asked the Government: (i) to indicate whether domestic workers are covered by the Minister of Labour Decree No. 764 of 2015 on the Ministry of Labour approved Standard Employment Contract (which created a standard employment contract as well as the conditions for amending the contract through the Ministry of Labour), as well as by the Ministerial Decree No. 766 of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer (which aimed to improve the flexibility of workers to change employment); and (ii) 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. The Committee notes that Federal Law No. 10 of 2017 has been adopted to support domestic workers. This sets out minimum requirements governing the employment framework for domestic workers, including outlining recruiters’ obligations, employers’ minimum obligations pertaining to salary payment, working and living requirements, working hours, rest days, annual leave, overtime and end of service gratuity, as well as matters relating to termination and penalties for failure to comply with the provisions of the new law. The Law also covers 19 types of domestic service workers, including domestic workers, guards, gardeners and nannies. It also covers the role of recruitment and employment agencies, standards for labour contracts, employer and employee obligations, inspections, penalties, time off, end of service indemnity, termination of contracts and settlement of disputes. Finally, the Law states that domestic service workers must be treated equally by their employers. It bans employers from discriminating against their domestic service workers on the basis of race, colour, sex, religion, political opinion, national origin or social class (section 3(3)). The Committee notes that Labour Law No. 8 of 1980 states that in the event that the employer and worker have a disagreement, the Ministry of Human Resources will adjudicate the dispute. The adjudication process will take two weeks (section 21). Regarding the termination of employment by the domestic service workers, Law No. 8 provides the opportunity for both the employer and the domestic service worker to terminate the contract unilaterally if one party fails to fulfil his/her obligations towards the other (article 23). The Committee notes that according to the Government, three complaints involving sexual discrimination were registered in 2014 and one in 2016. Some 21 complaints of violence (not gender-based) against women workers were recorded in 2014, compared with 83 in 2016. These complaints have been the subject of legal proceedings and all were referred to the competent judicial authorities for the appropriate measures to be taken against the offenders. The Committee asks the Government to provide samples of complaints of violence against women workers which are not gender based recalling that the Convention prohibits discrimination based on sex but also on other grounds, such as race, colour, religion, political opinion, national extraction or social origin, and also 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.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Restrictions of the employment of women. The Committee previously asked the Government to take the opportunity of the revision of Federal Law No. 8 of 1980 regulating labour relations to ensure that protective measures (on night work, and jobs that are dangerous, arduous or detrimental to health or morals of women) are limited to protecting women in the context of maternity. The Committee notes the Government’s indication that the draft is still being reviewed and debated and the Committee will be informed of any developments in this regard. In the meantime, the Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of the differences between men and women with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee asks the Government to ensure that, protective measures applicable to women in the amended Federal Law No. 8 of 1980, will be limited to maternity protection in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. Please report on the progress made in this regard. With regard to the application of Order No. 3 of 2009, the Committee asks the Government to indicate what documents are required to obtain a work permit, and whether this includes a document indicating the approval from the husband or father.

Enforcement and dispute resolution. In its previous comment, the Committee asked the Government to provide information on: (i) the measures taken to assist workers, including foreign workers, to file complaints and obtain redress in cases of discrimination; (ii) statistical data 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; (iii) on activities of the Department of Workers’ Guidance and the workers’ welfare offices to promote the principles of the Convention; and (iv) on any measures to ensure that those involved in dispute resolution and enforcement receive appropriate training regarding non-discrimination and equality issues. The Government reiterates that the bodies responsible for receiving complaints from migrant workers are the following: the Ministry of Human Resources, the Ministry of Interior or local police forces. Complaints linked to cases of discrimination are handled in the same way as other labour complaints. Complaints are received in several ways, including via electronic channels and toll-free hotlines or by registering them with authorized service centres. This ensures that complaints are submitted free of charge and confidentially. According to the Government, some 4,559 labour disputes were registered across the UAE by the end of 2016, with 671 labour complaints submitted to the relevant department by women. The first most common cause of labour disputes is linked to termination of employment, followed by the late payment of wages. As regards penalties, 229 administrative penalties were imposed in 2016 under Cabinet Decision No. 40, concerning administrative fines on companies that fail to apply the provisions of the Labour Law. The Government also indicates that the Department of Workers’ Guidance has held field seminars, workshops and lectures for labour inspectors, workers and employers covering a range of subjects, including: the principle of equal remuneration for men and women; discrimination on grounds of religion; and the complaints mechanisms. A number of informational booklets, leaflets and posters were also printed in 12 languages (Arabic, English, French, Chinese, Hindi, Urdu, Malayalam, Sri Lankan, Tamil, Bengali, Tagalog and Persian) for distribution to migrant workers upon arrival in the country. The Committee asks the Government to continue 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.

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Articles 2 and 3 of the Convention. National policy on equality of opportunity and treatment. In its previous comments, the Committee urged the Government to make every effort to ensure that the proposed amendments to Federal Law No. 8 of 1980 on the regulation of labour relations include a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention, covering all workers and all aspects of employment and occupation, and to provide information on the revision process of this Law. The Committee notes the Government’s indication that the draft amended Law contains an article defining and explicitly prohibiting all forms of direct and indirect discrimination on the grounds set out in the Convention. The draft is still being reviewed and debated by the Federal National Council and the Government indicates that the Committee will be informed of any developments in this regard. According to the statistics provided by the Government, migrant workers constitute 85 per cent of the country’s workforce. The Committee recalls the need to adopt a national equality policy to promote equality of opportunity and treatment and address discrimination in employment and occupation on all the grounds set out in the Convention covering all workers, both nationals and non-nationals. The Committee therefore urges the Government once again to take the necessary steps to ensure that the amendments to Federal Law No. 8 of 1980 on the regulation of labour relations include a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers, including non-nationals, and all aspects of employment and occupation. The Committee asks the Government to provide a copy of Federal Law No. 8 of 1980 on the regulation of labour relations, as amended.

The Committee is raising other matters in a request directly addressed to the Government.

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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.

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Articles 2 and 3 of the Convention. National policy on equality of opportunity and treatment. The Committee recalls the high number of non-nationals in the total population, and the need to adopt a national equality policy to promote equality of opportunity and address discrimination in employment and occupation on the grounds set out in the Convention covering all workers, both nationals and non-nationals. It also recalls that the constitutional equality provisions cover “citizens without distinction as to race, nationality, religious belief or social status” (article 25), but do not apply to acts of discrimination by private employers. The Committee previously welcomed the proposed amendments to Federal Law No. 8 of 1980 on the Regulation of Labour Relations to prohibit more explicitly discrimination in employment and occupation, but noted that the scope of protection was limited to workers with equal experience and qualifications, but only in respect of access to or the retention of employment, or the enjoyment of their rights. Other draft amendments related specifically to discrimination against women. Considering the important number of foreign workers among the population, the Committee considers that, as part of the national equality policy, there is a need to adopt more comprehensive provisions defining and explicitly prohibiting discrimination on at least all the grounds set out in the Convention (namely race, colour, sex, religion, national extraction, political opinion and social origin) and in all aspects of employment and occupation in order to ensure the full application of the Convention to all workers. Noting that the proposed legislation is still under examination, and in the absence of further information, the Committee urges the Government to make every effort to ensure that the amended Law on the regulation of Labour Relations includes a specific provision defining and explicitly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers and all aspects of employment and occupation. Please continue to provide information on the revision process of Federal Law No. 8 of 1980.

The Committee is raising other matters in a request directly addressed to the Government.

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National policy on equality of opportunity and treatment. The Committee notes that according to 2010 mid-year estimates of the National Bureau of Statistics, 88.5 per cent of the total population is of foreign nationality (7,316,073 non-nationals (5,682,711 men and 1,633,362 women) and 947,997 nationals (479,109 men and 468,888 women)). In 2009, the economic activity rate of non-nationals was 79 per cent compared to 45 per cent for nationals. The Committee therefore considers it essential that addressing discrimination in employment and occupation against both national and foreign workers on at least all the grounds set out in Article 1(1)(a) of the Convention be an important component of a national equality policy. The Committee reiterates its requests to the Government to provide information on all measures taken in accordance with Article 2 of the Convention to declare and pursue a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination not only against nationals but also non-nationals with respect to race, colour, national extraction, sex, religion, political opinion and social origin, and to provide specific information on all the steps taken in this regard.

Legislation. The Committee had previously noted that the constitutional provisions concerning equality, concern citizens without distinction as to race, nationality, religious belief or social status (article 25) and do not apply to acts of discrimination by private employers. The Committee notes that proposed amendments to Federal Law No. 8/1980 on the employment relationship, which covers nationals and non-nationals but which excludes domestic workers, insert a new section 3 providing that “any discrimination which is likely to weaken equal opportunity, or jeopardize equality for persons who have equal experience and qualifications in accessing jobs, retaining such jobs, or in their enjoyment of their rights shall be prohibited”. Draft section 33 has a similar provision specifically covering women and adds that “for the purpose of this section, dismissal of a female worker on the grounds of change in her family status, or because of pregnancy, childbirth or maternity shall be discrimination which is prohibited”. While welcoming the Government’s commitment to prohibit more explicitly discrimination in the labour legislation, particularly against women, the Committee notes that the scope of protection of the draft provisions is limited to workers who have equal experience and qualifications and only covers some aspects of employment and occupation. Considering the high number of foreign workers, the Committee is of the view that, as part of the national equality policy, the need arises to adopt more comprehensive provisions defining and explicitly prohibiting discrimination on at least all the grounds set out in the Convention and in all aspects of employment and occupation in order to ensure the full application of the Convention to all workers. The Committee therefore asks the Government to make every effort to ensure that the new Act on employment relationships includes a specific provision defining and expressly prohibiting both direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention covering all workers and all aspects of employment and occupation. Please continue to provide information on the revision process of Federal Law No. 8 of 1980. Noting the Government’s indication that the “draft Federal Act on the category of domestic help workforce” was to be promulgated in the course of 2011, the Committee hopes that this Act will contain provisions protecting domestic workers from discrimination in accordance with the Convention, and asks the Government to provide information in this regard.

Sexual harassment. The Committee previously raised concerns regarding the limited effect of criminal law and the proposed amendments to Federal Law No. 8/1980 on preventing and addressing sexual harassment, and the particular vulnerability of domestic workers. The Committee notes that the Government again refers to sections 354–359 of the Penal Code No. 34/2005 and section 121 of Law No. 8/1980, and indicates that most complaints of sexual harassment are submitted to the Ministry of Interior as it is responsible for enforcement of the Penal Code. The Government also states that the General Women’s Federation (GWF) set up a portal on complaints on its website accessible to women of all nationalities and language, but that neither the GWF nor the Ministry of Labour have received complaints regarding work-related sexual harassment. The Committee further notes that domestic workers can submit complaints on sexual harassment to the Human Rights Department and the Department of Workers’ Conflict of the Ministry of Interior. While noting the efforts to support women to submit complaints on sexual harassment under the Penal Code, the Committee recalls that sexual harassment in employment and occupation covers a much broader range of behaviour and is not limited to crimes of a sexual nature and practices. Recalling the Government’s previously stated intention to consider a more comprehensive prohibition taking into account the elements of the Committee’s general observation of 2002, the Committee asks the Government to make additional efforts to adopt legislation on sexual harassment defining and explicitly prohibiting both quid pro quo and hostile environment harassment in employment and occupation, providing for effective sanctions and remedies, and permitting all workers, including domestic workers, to lodge complaints, without being stigmatized, through easily accessible dispute resolution processes. The Committee also hopes that the opportunity will be taken to include such a provision in the draft legislation on domestic workers, and requests the Government to provide information on any steps taken in this regard.

Restrictions on women’s employment. Regarding the administrative procedure requiring women to obtain their husband’s permission to take up work, the Committee notes the Government’s statement that Ministerial Order No. 3 of 2009 on work permits for persons sponsored by their parents annuls all previous circulars and instructions, and that the husband’s consent to work is no longer necessary. The Government also states that no cases have been received of women being unable to work because of their husband’s refusal. The Committee further notes that the Government provides no reply to its request to review sections 28 and 29 of Law No. 8/1980 (night work, and jobs that are dangerous, arduous or detrimental to health or morals of women) with a view to ensuring that protective measures are strictly limited to maternity protection. With respect to night work, the Committee refers to its 2008 direct request on the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee asks the Government in revising Federal Law No. 8/1980, 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. The Committee further requests the Government to provide a copy of Ministerial Order No. 3/2009 on work permits and to monitor closely the extent to which women continue to be required in practice to obtain permission from their husbands to take up work.

Equality of opportunity and treatment between men and women. The Committee recalls the occupational segregation by gender and the concentration of women in occupations with few opportunities for advancement and their low representation in management positions. The Committee notes that according to 2009 estimates of the National Bureau of Statistics, the economic activity rate was 42.1 per cent for women and 88.9 per cent for men; men’s and women’s employment rates were respectively 86.8 per cent 37.5 per cent in 2009. The Government indicates that the low percentage of women of working age is due to the low number of women migrant workers as compared to male migrant workers and because a large percentage (around 40 per cent) of the jobs available in the labour market are concentrated in the construction sector and in occupations requiring low-skilled labour in infrastructure and real estate development, which do not attract women. The Government also states that some occupations require to be carried out by one sex in view of the nature of the society, especially when the job requires physical contact, such as security and police officers and jobs in hairdressing and beautician shops. Noting the Government’s statement that such occupations “are accepted by women” and their participation rates are on the rise, the Committee recalls the importance of avoiding stereotyped assumptions in training and employment with respect to women’s aspirations, suitability and capability for certain jobs as this will limit their employment opportunities. It also recalls that the exception contained in Article 1(2) of the Convention must be interpreted restrictively and that any limitation must be required by the characteristics of the particular job, in proportion to the inherent requirements. The Committee asks the Government to provide information on the measures taken to address stereotyped assumptions regarding women’s aspirations, capability and suitability with respect to certain occupations, and their impact on increasing employment opportunities for women. The Committee also asks the Government to ensure that exclusions or preferences where the sex of the worker constitutes an inherent requirement of the job, are interpreted restrictively, and to provide information on the measures taken in this regard.

The Committee welcomes the various measures taken by the Government to raise awareness on women’s rights, promote gender equality and to improve women’s opportunities in the labour market. It notes in particular the Programme for Women and Technology, launched in 2006, and the Employment Office of National Women Graduates, set up at the GFW to help female graduates to find work opportunities in the public and private sectors. It also notes the “Emirates Programme for Women leaders” (2009) of the Dubai Foundation for Women, the launching of a National Child Care Project in the workplace in implementation of the Ministerial decision on child care nurseries for female workers in ministries, public bodies and institutions and government departments. It also notes the setting up of the Business Women Council (BWC) and its activities in promoting women in leadership. The Committee notes that according to 2010 statistics of the BWC the number of businesswomen accounts for 4.5 per cent, and that the share of Emirati women in small enterprises is about 44 per cent and 23 per cent for medium-sized enterprises. The Committee asks the Government to continue to provide information on the measures taken to promote equality between men and women and women’s opportunities in the labour market at the federal level and in the different emirates of the State. Please provide information, including statistics on the concrete results achieved, including by the Employment Office of National Women Graduates, the Programme for Women in Technology, and the National Child Care Project. The Government is also requested to continue to provide up-to-date statistical data, disaggregated by sex, on the employment of women and men (nationals and non-nationals) in the various occupations and sectors of the economy.

Public sector. The Committee notes that pursuant to section 6(2) and (5) of the Dubai Human Resources Management Law of 2006 departments must promote a healthy and safe working environment which provides equal opportunities and which is free from harassment and discrimination. The Committee also notes the Government’s intention to establish a committee for working women in the federal Government in cooperation with women’s bodies and institutions responsible for women’s affairs in the Government to support human resources policies with regard to women’s employment. It notes from the Government’s report that in the Judicial Department women hold positions for the first time of judge, prosecutor and assistant public prosecutor and marriage clerk. The Government further states that the Federal Law No. 11/2008 on Human Resources in the Federal Government, and its implementing regulations promulgated by the Council of Ministers Order No. 13 of 2010 do not discriminate between men and women in the public service and that the legislative texts are equally applied to both men and women without any distinction. The Committee asks the Government to provide information on the practical application of sections 6(2) and (5) of the Dubai Human Resources Management Law of 2006, and indicate whether similar legislation has been adopted by other member Emirates of the State. The Committee also asks the Government to provide detailed information on the activities of the committee for working women in the Federal Government, and the results achieved in promoting a better gender balance in all areas of the civil service, including in those in which men have traditionally been in the majority, and in higher level positions. Please provide up-to-date statistics, disaggregated by sex, on employment of nationals and non-nationals in all posts of the civil service, as well as an indication of the number of women holding posts in the judicial department and their responsibilities. The Committee would also be grateful to receive a copy of Federal Law No. 11/2008 on Human Resources in the Federal Government, and information on the measures taken to ensure non discrimination and equality of opportunity and treatment in respect of all aspects of public sector employment in respect of the other grounds set out in Article 1(1)(a) of the Convention.

Migrant workers. The Committee had noted previously the deplorable working and living conditions of low-skilled male migrant workers (mostly originating from India, Pakistan and Bangladesh), especially on construction sites, and requested information on all measures taken, and the results achieved, to ensure that these workers 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. The Committee notes the Government’s indication that a strategy and work plan have been set up aimed at addressing the difficult working conditions of foreign workers, which includes legislative measures with respect to employers’ obligations, wide-ranging inspection campaigns, and awareness raising. The Government indicates that the implementation of the Wage Protection System (Minister of Labour Decision No. 788 of 2009) resulted in more than 2.1 million workers receiving their salaries. The Government also refers to a Manual on general standards for workers’ accommodation and a Guidance Manual for workers in seven languages explaining the duties and rights of workers. The Committee requests the Government to provide more specific information on the implementation strategy and work plan to address the difficult conditions of foreign workers, including the manner in which it is addressing discriminatory practices against these workers based on the grounds set out in the Convention. Please continue to provide information on all 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 previously noted that migrant domestic workers come under the jurisdiction of the Ministry of Interior and that complaints submitted by these workers to the Ministry’s Nationality and Residency Department mostly concerned unpaid wages, followed by “lack of desire to work” and “issues of reconciliation”; other complaints concerned withholding of passports, physical harm and sexual harassment. Complaints submitted by employers mostly concerned absence from or cessation of work without justified reasons (absconding workers). A high number of the complaints had been resolved through measures such as “sponsored to leave”, “friendly conciliation” and “annulment” and “departure”. Noting, however, from the Government’s explanations that, apart from “friendly conciliation”, these measures concern cases where the foreign worker or sponsored person has committed a violation of the legislation, the Committee questions the effectiveness of the dispute resolution mechanisms and the appropriateness of the remedies available to domestic workers who submit complaints regarding discrimination, including sexual harassment, with respect to their conditions of work. The Committee draws the attention of the Government to the Domestic Workers Convention, 2011 (No. 189), and its accompanying Recommendation No. 201. The Committee requests the Government to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation brought by migrant domestic workers to the Department of Human Rights or the Nationality and Residence Department and how they have been addressed. Please also provide information on the number, nature and outcome of complaints submitted by domestic workers regarding violations of the standard employment contract. Please also provide information on any other 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.

Employment system of foreign workers. The Committee notes that Federal Law No. 6/1973 concerning the Entry and Residence of Expatriates and its bylaws require a non-national to be sponsored by his or her employer in order to obtain an employment visa and work permit. The ability to change jobs is therefore linked to the sponsorship system. The Committee understands that recent legislative measures, including Cabinet Decision No. 25 of 2010, have improved flexibility for foreign workers to move from one employer to another. The Committee notes, for example, the Government’s indication that in the event of failure by the employer to pay wages for two consecutive months, a worker has the right to transfer sponsorship to another employer without notifying the previous employer. The Committee also notes, however, that pursuant to Ministerial Order No. 721 of 2006 employees who absent themselves from work for more than seven consecutive days will be listed as “absconders” with the Ministry of Labour, if their employers affirm that they are unaware of their whereabouts and there is no legal justification for their absence. Absconding may result in cancellation of the sponsorship of the worker concerned. The Government indicates that Ministerial Order No. 721 of 2006 provides protection against abuse of the procedures by the employer, and that in some circumstances absconding notices may be referred to the labour inspectorate to ascertain the underlying reasons preventing workers from coming to work. The Government provides a number of reasons why workers, including domestic workers, leave their sponsors, including: low wages or differences between the wage received and wage promised by the employment agency; late payment of wages, and in some cases mistreatment by the employer and failure to provide suitable working conditions. Other reasons include the worker’s desire to take up irregular employment or to improve his or her financial situation by accepting extra work from another employer. The Government also refers to organizations providing shelter to female absconding workers and helping them find part-time work in exchange for a percentage of their earnings. While noting that the absconding notice will not be registered where the worker has filed a labour complaint or lawsuit, the Committee is concerned that migrant workers suffering such treatment may refrain from bringing complaints regarding discrimination and abuse out of fear of retaliation by the employer, or because of uncertainty as to whether this would lead to a change of workplace or to deportation. The Committee draws the Government’s attention to the importance of ensuring that under the employment system all foreign workers enjoy protection against discrimination as provided by the Convention. Providing appropriate flexibility for all workers to change employers may assist in reducing foreign workers’ vulnerability to discrimination and abuse. The Committee asks 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 provide copies of the relevant texts, including Cabinet Decision No. 26 of 2010 and Ministerial Order No. 721 of 2006, as well as any other implementing decisions, resolutions and ministerial orders, with an indication of the categories of foreign workers covered. Please also provide information on the number of male and female workers and the sectors or occupations in which they are employed, who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases.

Enforcement and dispute resolution. The Committee notes the role of the Human Rights Department of the Ministry of Interior in examining complaints and appeals, including from domestic workers. It notes that the Department for Workers’ Guidance (Ministerial Order No. 551 of 17 May 2009) is responsible for raising awareness on equality and non-discrimination in employment and occupation and on appropriate complaints mechanisms and procedures through field visits. Workers’ welfare offices have been established for receiving complaints and inquiries, monitoring negative labour trends and raising awareness of workers on the labour legislation, as well as undertaking field visits to owners of enterprises. Other measures mentioned by the Government to improve judicial proceedings and enforcement include the establishment of labour relations offices in labour courts, the Committee for Coordination between the Ministry of Labour and the Judicial Department, the system of judges for preliminary conciliation procedures established in Dubai and the Alternative Dispute Settlement Department in the Judicial Department of Abu Dhabi (Decision No. 14 of 2008). The Committee notes that the number of labour cases settled through the preliminary conciliation procedures in Dubai from March to end of December 2009 totalled 932 out of 2,853 labour cases. Between the 1st of June 2009 and the 31st of May 2010, 19,079 and 24,050 complaints were submitted respectively in 2009 and 2010 with the Labour Disputes Administration. The Committee notes that ninety per cent of the plaintiffs were male workers and that the majority of the complaints concerned wage arrears, termination of contract and legal entitlements. While welcoming the efforts to improve dispute resolution mechanisms and procedures, the Committee requests information on how these have been used by workers to submit specific claims of discrimination in employment and occupation on the grounds of the Convention. Please provide 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, including labour inspectors, labour dispute commissioners, judges and members of the Human Rights and Workers’ Guidance Departments, receive appropriate training regarding non discrimination and equality issues.

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Legislative provisions on discrimination. The Committee recalls that the constitutional provisions concerning equality do not prohibit discrimination on the grounds of sex, colour and political opinion, and do not apply to acts of discrimination by private employers. Federal Act No. 8 of 1980 regulating the employment relationship does not contain a general prohibition of discrimination either. The Committee notes the Government’s statement that the Committee’s comments will be taken into account in the revision of the Federal Act No. 8 of 1980, which is presently subject to various draft amendments. The Committee further recalls the Government’s intention to review the provisions in Federal Act No. 8 prohibiting women employed in night work, and in any jobs that are dangerous, arduous or detrimental to their health and morals in the light of modern trends on equality, and that amendments will focus on measures relating to women’s reproductive capacity. The Government also indicates that draft amendments to Federal Act No. 8 of 1980 will be submitted to the ILO for its comments. The Committee hopes that the new draft act on employment relationships will include a provision expressly defining and prohibiting direct and indirect discrimination on all the grounds set out in of the Convention and with respect to all aspects of employment. It also hopes that special protective measures relating to women’s employment will be limited to maternity in the strict sense and to special arrangements for pregnant and nursing women. The Committee also hopes that the non-discrimination provision will cover both citizens and non-citizens (see also paragraphs 4–6 below), and asks the Government to continue to provide information on the progress of the revision process of Federal Act No. 8 of 1980.

Sexual harassment. The Committee recalls that the proposed amendment to the Federal Act No. 8 of 1980 on sexual harassment provides only limited means of redress for the women worker and has therefore a very limited effect on addressing sexual harassment. The Committee notes the Government’s intention to consider a more comprehensive prohibition of sexual harassment taking into account the Committee’s 2002 general observation on the matter. The Government indicates that the amendments to the Act will also include dissuasive sanctions and adequate remedies regarding sexual harassment, allowing for an environment in harmony with the traditions, customs and values of the country. However, the Committee notes that foreign domestic workers, often especially vulnerable to sexual harassment are not covered by Act No. 8 of 1980, and that between 2006 and 2008 the Department of Nationality and Residence only received seven cases concerning sexual harassment of domestic workers, which could indicate a lack of understanding of the issue or a worker’s reluctance to file complaints. The Committee hopes that the final provisions on sexual harassment will prohibit both quid pro quo and hostile environment sexual harassment, and permit both women and men to lodge complaints of sexual harassment, and that effective sanctions and remedies are provided. The Committee asks the Government to provide information on the steps taken to support women, especially foreign domestic workers, who wish to complain of sexual harassment without being stigmatized, and to make the dispute resolution process easily accessible for all workers.

Discrimination based on sex. The Committee notes the Government’s statement that the administrative procedure requiring women to obtain permission from her husband to take up employment, while aimed to ensuring stability within the family and marital relations, does not give the unilateral right to the husband to forbid his wife from going to work. Noting the Government’s intention to end this practice, the Committee asks the Government to provide information as follows:

(i)    a copy of the legal text repealing this administrative procedure;

(ii)   steps taken to monitor closely the extent to which women continue to be required to obtain permission of their husbands to take up work in practice, and the results achieved; and

(iii) the number, nature and outcome of any cases dealt with by the competent authorities regarding husbands’ refusal of permission for their wives to take up employment.

National policy on equality of opportunity and treatment. The Committee recalls that the constitutional provisions on equality only cover citizens. The Committee notes that section 10 of Federal Act No. 9 of 1980 provides that, where national workers are not available, priority in employment shall first be given to nationals from other Arab states. The Committee notes from the statistics attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that in 2007, there were 11,233 nationals (6,190 women and 5,043 men) registered at the Ministry of Labour and 3,113,022 migrant workers working in the private sector and registered at the Ministry of Labour (2,940,161 men and 172,861 women). The Committee recalls that under the Convention the national policy should be aimed at promoting equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination against both nationals and non-nationals on the grounds set out in the Convention. While the ground of nationality is not included among the grounds enumerated in Article 1(1)(a) of the Convention, foreign nationals should be protected against discrimination based on race, colour, national extraction, sex, religion, political opinion and social origin. Considering the very high number of foreign workers employed in the private sector, the Committee considers it all the more important that they are effectively protected against discrimination. The Committee requests the Government to provide information on all measures taken in accordance with Article 2 of the Convention to declare and pursue a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination not only against nationals but also non-nationals with respect to the grounds enumerated in Article 1(1)(a) of the Convention.

Equality of opportunity and treatment between men and women. The Committee welcomes the efforts made by the Government to compile detailed statistics, disaggregated by sex, on the employed population in 2005, according to occupational group, sector, economic activity and educational level. It also notes the information in the Government’s report on the achievements of the social and economic development policy and the Government’s statement that women and men enjoy employment opportunities on an equal basis, and that its national equality policy does not distinguish between its citizens based on colour, sex, creed or belief (grounds not covered by the Constitution). The Committee notes that women represent only 13 per cent of the employed population (citizens and non-citizens) and are largely concentrated in occupations with few opportunities for advancement such as clerks, service workers and shop and market sales workers, and professionals. Statistics on employment by occupational group and economic activity show a concentration of women in services, especially private households (41.1 per cent), and in the education, health and social workers and wholesale and retail sectors. A very high number of men are working in the construction sector (33 per cent), mainly as professional builders and simple professions, in public administration and wholesale and retail. Furthermore, women represent only 10 per cent of those employed in management positions. The Committee further notes that the results of the survey on women’s employment in the private sector according to occupation and level of wages, which has not yet been completed, will be sent to the ILO once available. Noting the very low percentage of women employed, their low representation in management positions, as well as the occupational segregation of men and women in certain sectors of the economy, the Committee asks the Government to provide information on the measures taken to increase the employment of women in general and in a wider variety of occupations, including those with career opportunities and management responsibilities. Please also continue to submit statistics on employment of nationals and non-nationals, broken down by occupation, economic sector and sex.

Migrant workers (construction). The Committee notes from the statistics provided by the Government that a large number male migrants (mainly originating from India, Pakistan, Bangladesh) are low-skilled workers and are primarily employed in the categories of machine engineering support professions (almost 50 per cent), ordinary workers, sales, services professions and chemical industrial professions. The Committee recalls its observation on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the deplorable conditions of low-skilled male migrant workers, especially construction workers, living in labour camps in remote areas, as well as the measures taken to improve their living and working conditions, such as the construction of labour cities. In its observation, the Committee also notes that labour inspections would be increasingly carried out in response to worker’s complaints against the employer or, vice versa, rather than on a routine basis. The Committee notes in this regard that the Government has taken some measures to improve and speed up the handling of workers’ complaints. It notes, for instance, from information submitted to the Committee on the Elimination of Racial Discrimination (CERD/C/ARE/12-17/Add.1, pages 10 and 11) the adoption of Ministerial Decision No. 988 of 2008 establishing the Wages Protection Office which is to elaborate and implement a comprehensive system for monitoring wages protection and working hours. It notes that, since the end of June 2009, the Office received 643 complaints. The Committee also notes that the Government is working with the ILO to improve regulation of recruitment and working conditions of foreign workers. The Committee requests the Government to provide information on all 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. Please also provide information on the number and nature of the complaints submitted by foreign workers to the Department of Labour, the labour inspection services, the Wages Protection Office and the courts, and the penalties imposed and remedies provided.

Migrant domestic workers. The Committee notes that women migrant workers (mainly originating from the Philippines, India and some other Arab countries) are primarily employed as office workers, sales persons or service workers; as stated above, of the total number of women employed, 41 per cent work in private households. The Committee welcomes the fact that the Government has taken certain measures to increase the protection of migrant domestic workers, such as the introduction of a standard employment contract for domestic workers and persons of similar status in April 2007, and a Federal Bill regulating the employment of domestic workers. The Committee also notes the statistics on the complaints received by the Nationality and Residency Department concerning issues relating to domestic workers. It notes that 10,952 complaints were received in 2006, of which 97 per cent concerned “escape from work”. The Committee further notes that 480 complaints were received in 2007 and 482 in 2008, and that complaints relating to “escape from work” concerned only six cases in 2007 and 35 in cases 2008. It notes that the highest number of complaints concerned unpaid wages, followed by “lack of desire to work”, and “issues of reconciliation”. Other complaints concerned withholding of passports, physical harm and sexual harassment. The statistics further show that a high number of these cases was resolved through measures such as “sponsored to leave”, followed by friendly reconciliation and “annulment and departure”. Sixty-three cases were referred to the court and 91 cases resulted in a transfer of sponsor. The Committee notes that 75 per cent of the complaints were submitted by the worker. The Committee asks the Government to clarify the exact meaning of measures such as “annulment and departure” and “sponsored to leave”, and to explain the reasons for the high number of complaints (mostly due to complaints concerning the “escape from work”) received in 2006 as compared to the years 2007 and 2008. The Committee also asks the Government to continue to provide information on the number, nature and outcome of complaints submitted to the Department of Nationality and Residency, including on any violations of the standard employment contract of domestic workers. Please also provide information on the progress made in the adoption of the Federal Bill regulating the employment of domestic workers, as well as on any other 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.

Civil service. The Committee notes the Government’s statement that women nationals participate in the civil service at all levels, including high-level posts. It notes that the statistics on the civil servants employed in ministries and state bodies indicate that female citizens are primarily employed in social affairs, national education, and health, followed by culture, young persons and social development while female non-citizens are primarily employed in health, transport and social affairs followed by education. The figures show that, while women are more or less represented in all ministries, they continue to be concentrated in occupations traditionally held by women. The Committee asks the Government to supply information on the measures taken to promote a better gender balance in all areas of the civil service, including those in which men have been traditionally in the majority, and in higher level positions. Noting that the statistics on the grades and salary levels of civil servants in the Federal Government are not disaggregated by sex, the Committee asks the Government to provide such statistics in its next report.

Enforcement. The Committee notes that the Government considers setting up a special department within the labour inspectorate for raising awareness on equality in employment and occupation, and in particular raising awareness with respect to the rights of women, including their right to complain about inequitable practices at work either by administrative officials or colleagues. The Committee further notes that the proportion of women among labour inspectors is presently 24.4 per cent. The Committee requests the Government to provide information as follows:

(i)    the number, nature and outcome of complaints submitted through the various dispute resolution mechanisms that relate to discrimination in employment and occupation;

(ii)   the progress made in setting up a special department for awareness raising on equality in employment and occupation; and

(iii) the steps taken to strengthen the capacity of both male and female labour inspectors to identify and address cases of discrimination.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Legislative framework. The Committee noted previously that the Constitution provides that all citizens have equal access to public office (article 35) and all persons are equal before the law, without distinction between citizens with respect to race, nationality, religious belief or social status (article 25). However, the Constitution does not prohibit discrimination on the grounds of political opinion, colour and sex, nor does it apply to acts of discrimination by a private employer. In addition, the Committee notes that there is no general prohibition of discrimination in Federal Act No. 8 of 1980 regulating employment relationships. The Committee notes in this regard the Government’s statement that Federal Act No. 8 is under review, and that a new section has been proposed providing a general prohibition of discrimination. The Committee requests the Government to take the opportunity in amending the law to ensure that there is a specific prohibition of both direct and indirect discrimination at all stages of employment and occupation, and on all the grounds set out in the Convention. The Committee recalls that ILO technical assistance is available in this respect, and encourages the Government to submit the draft amendments to the ILO prior to their adoption. The Committee requests the Government to provide information on the status of the revision process.

2. Sexual harassment. The Committee noted previously that complaints of sexual harassment were dealt with under criminal law, and that no complaints had been filed. The Government states that women refrain from lodging complaints due to social and cultural constraints. The Committee notes that in the revision process of Federal Act No. 8, an amendment is being proposed that would allow a woman to terminate her employment without notice “if decency and diplomacy are transgressed, and if she were aggressed in words, or in deed, in a manner which is against public morals at the workplace…” by a superior. Noting that criminal law has limited scope to prevent and address sexual harassment at work, the Committee welcomes the Government’s intention to bring sexual harassment within the purview of Federal Act No. 8. However, the Committee notes that the proposed amendment is very narrow, with the only means of redress being that the worker may terminate her employment without notice, and only where the harassment is carried out by her superior, thus having a very limited effect on addressing sexual harassment.

3. The Committee draws the Government’s attention to its 2002 general observation on sexual harassment, in which it urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. It also set out the key elements of sexual harassment: “(1) (quid pro quo): any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person's rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to ensure in the revision process that both quid pro quo and hostile work environment sexual harassment are prohibited, that both women and men can lodge complaints of sexual harassment, and that effective sanctions and remedies are provided. Noting that women are unwilling to complain of sexual harassment for social and cultural reasons, the Committee asks the Government to provide information on what steps are being taken or envisaged to provide support for women who wish to complain of sexual harassment and to make the dispute resolution process more accessible, and any measures taken to prevent sexual harassment.

4. Equality of treatment of men and women. The Committee raised previously the issue of women having to obtain permission from their husbands in order to take up employment outside the home. The Government states that there is no such legal provision, but that there is a relevant administrative procedure in the context of employing non-nationals. The Committee requests the Government to provide further details of the administrative procedure in this regard. Noting that requiring a woman to obtain permission from her husband to take up employment is contrary to the principle of equality of treatment of men and women, the Committee requests the Government to take steps to ensure that no such requirement is applied in law or in practice, either to nationals or non-nationals.

5. Migrant domestic workers. In response to the Committee’s request for information on how domestic workers are protected against discrimination, including on the grounds of race, colour and sex, the Government states that they are covered by the Act on civil procedures, and that the Nationality and Residence Department has a special unit to supervise the work of migrant domestic workers, and can receive complaints from these workers. Noting that migrant domestic workers are particularly vulnerable to discrimination and abuse, the Government is requested to provide more information concerning how the Act on civil procedures protects such workers in practice, and details on the number and nature of complaints received by the Nationality and Residence Department, and the outcome of such complaints. The Committee would also appreciate receiving information on any campaigns to inform migrant domestic workers of their rights and of the relevant complaints machinery.

6. National equality policy. The Committee had asked the Government for information on a range of issues relevant to declaring and pursuing a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes the Government’s statement that the national policy is reflected in the relevant provisions of the Constitution and legislation, and in economic and social development programmes that have been prepared with the participation of civil society. With respect to access to vocational training, the Government points to the establishment of an agency for the development and placement of human resources, which organizes workshops and publishes information to make institutions aware of the importance of equal opportunities. A national council for training, including representatives of civil society, is also expected to be established, which would be the main consultative body on training, and would take into account equal opportunities and non‑discrimination. The Committee requests the Government to provide specific information on the economic and social development programmes that have been developed, and the impact of these programmes in promoting equality in employment. The Committee also requests specific information regarding how the agency for the development and placement of human resources promotes the equality policy, and what role is envisaged for the national council for training in this regard. Noting that the Government stresses the important role of civil society organizations in the above initiatives, the Committee requests further information on how the Government is seeking the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of the national equality policy.

7. Special measures. The Committee noted previously that under Federal Act No. 8, night work for women is prohibited, and women are prohibited from being employed in any jobs that are dangerous, arduous or detrimental to health or morals. The Committee notes the Government’s statement that in the process of amending Federal Act No. 8, broad-ranging consultations will be held, and the provisions prohibiting women from certain jobs and from night work will be reviewed in the light of modern trends relating to equality. The Committee hopes that in revising Federal Act No. 8, the opportunity will be taken to ensure that protective measures are limited to protecting the reproductive capacity of women, and that those aimed at protecting women because of their sex or gender, based on stereotypical assumptions, will be repealed. The Committee requests the Government to keep it informed in this regard.

8. Enforcement. The Committee notes that the labour inspectorate is responsible for implementing measures for the protection of the rights of workers generally. The Committee also notes the Government’s statement that measures are being taken to increase the number of female labour inspectors in order to inspect undertakings employing a large number of women. The Government states further that the courts are open to all victims of human rights abuses, but that discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin is not an issue in the society. The Committee recalls that the absence of complaints of discrimination does not necessarily indicate an absence of discrimination, but rather often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness of the right to non-discrimination, and an absence of accessible dispute resolution procedures. The Committee, therefore, requests the Government to take measures to ensure that workers are aware of their rights under the Convention, and that complaint mechanisms are accessible to all, and to keep the Committee informed in this regard. The Committee also asks the Government to consider providing specific training to labour inspectors in the area of discrimination, so that they are better able to identify and deal with cases of discrimination in the workplace. Please also provide information on the number of female labour inspectors hired, and the proportion of female to male labour inspectors.

9. Statistical information. The Committee notes from the Government’s report 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. The Committee looks forward to receiving the statistical information from the Government, and requests that the information include the participation rate of women and men in the public and private sectors, disaggregated by occupation and level of employment. The Committee also requests information on the participation rate of women and men in the various disciplines of technical and vocational training, and on the number of women engaged in business activities.

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1. Legislative framework. The Committee noted previously that the Constitution provides that all citizens have equal access to public office (article 35) and all persons are equal before the law, without distinction between citizens with respect to race, nationality, religious belief or social status (article 25). However, the Constitution does not prohibit discrimination on the grounds of political opinion, colour and sex, nor does it apply to acts of discrimination by a private employer. In addition, the Committee notes that there is no general prohibition of discrimination in Federal Act No. 8 of 1980 regulating employment relationships. The Committee notes in this regard the Government’s statement that Federal Act No. 8 is under review, and that a new section has been proposed providing a general prohibition of discrimination. The Committee requests the Government to take the opportunity in amending the law to ensure that there is a specific prohibition of both direct and indirect discrimination at all stages of employment and occupation, and on all the grounds set out in the Convention. The Committee recalls that ILO technical assistance is available in this respect, and encourages the Government to submit the draft amendments to the ILO prior to their adoption. The Committee requests the Government to provide information on the status of the revision process.

2. Sexual harassment. The Committee noted previously that complaints of sexual harassment were dealt with under criminal law, and that no complaints had been filed. The Government states that women refrain from lodging complaints due to social and cultural constraints. The Committee notes that in the revision process of Federal Act No. 8, an amendment is being proposed that would allow a woman to terminate her employment without notice “if decency and diplomacy are transgressed, and if she were aggressed in words, or in deed, in a manner which is against public morals at the workplace…” by a superior. Noting that criminal law has limited scope to prevent and address sexual harassment at work, the Committee welcomes the Government’s intention to bring sexual harassment within the purview of Federal Act No. 8. However, the Committee notes that the proposed amendment is very narrow, with the only means of redress being that the worker may terminate her employment without notice, and only where the harassment is carried out by her superior, thus having a very limited effect on addressing sexual harassment.

3. The Committee draws the Government’s attention to its 2002 general observation on sexual harassment, in which it urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. It also set out the key elements of sexual harassment: “(1) (quid pro quo): any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person's rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to ensure in the revision process that both quid pro quo and hostile work environment sexual harassment are prohibited, that both women and men can lodge complaints of sexual harassment, and that effective sanctions and remedies are provided. Noting that women are unwilling to complain of sexual harassment for social and cultural reasons, the Committee asks the Government to provide information on what steps are being taken or envisaged to provide support for women who wish to complain of sexual harassment and to make the dispute resolution process more accessible, and any measures taken to prevent sexual harassment.

4. Equality of treatment of men and women. The Committee raised previously the issue of women having to obtain permission from their husbands in order to take up employment outside the home. The Government states that there is no such legal provision, but that there is a relevant administrative procedure in the context of employing non-nationals. The Committee requests the Government to provide further details of the administrative procedure in this regard. Noting that requiring a woman to obtain permission from her husband to take up employment is contrary to the principle of equality of treatment of men and women, the Committee requests the Government to take steps to ensure that no such requirement is applied in law or in practice, either to nationals or non-nationals.

5. Migrant domestic workers. In response to the Committee’s request for information on how domestic workers are protected against discrimination, including on the grounds of race, colour and sex, the Government states that they are covered by the Act on civil procedures, and that the Nationality and Residence Department has a special unit to supervise the work of migrant domestic workers, and can receive complaints from these workers. Noting that migrant domestic workers are particularly vulnerable to discrimination and abuse, the Government is requested to provide more information concerning how the Act on civil procedures protects such workers in practice, and details on the number and nature of complaints received by the Nationality and Residence Department, and the outcome of such complaints. The Committee would also appreciate receiving information on any campaigns to inform migrant domestic workers of their rights and of the relevant complaints machinery.

6. National equality policy. The Committee had asked the Government for information on a range of issues relevant to declaring and pursuing a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes the Government’s statement that the national policy is reflected in the relevant provisions of the Constitution and legislation, and in economic and social development programmes that have been prepared with the participation of civil society. With respect to access to vocational training, the Government points to the establishment of an agency for the development and placement of human resources, which organizes workshops and publishes information to make institutions aware of the importance of equal opportunities. A national council for training, including representatives of civil society, is also expected to be established, which would be the main consultative body on training, and would take into account equal opportunities and non‑discrimination. The Committee requests the Government to provide specific information on the economic and social development programmes that have been developed, and the impact of these programmes in promoting equality in employment. The Committee also requests specific information regarding how the agency for the development and placement of human resources promotes the equality policy, and what role is envisaged for the national council for training in this regard. Noting that the Government stresses the important role of civil society organizations in the above initiatives, the Committee requests further information on how the Government is seeking the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of the national equality policy.

7. Special measures. The Committee noted previously that under Federal Act No. 8, night work for women is prohibited, and women are prohibited from being employed in any jobs that are dangerous, arduous or detrimental to health or morals. The Committee notes the Government’s statement that in the process of amending Federal Act No. 8, broad-ranging consultations will be held, and the provisions prohibiting women from certain jobs and from night work will be reviewed in the light of modern trends relating to equality. The Committee hopes that in revising Federal Act No. 8, the opportunity will be taken to ensure that protective measures are limited to protecting the reproductive capacity of women, and that those aimed at protecting women because of their sex or gender, based on stereotypical assumptions, will be repealed. The Committee requests the Government to keep it informed in this regard.

8. Enforcement. The Committee notes that the labour inspectorate is responsible for implementing measures for the protection of the rights of workers generally. The Committee also notes the Government’s statement that measures are being taken to increase the number of female labour inspectors in order to inspect undertakings employing a large number of women. The Government states further that the courts are open to all victims of human rights abuses, but that discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin is not an issue in the society. The Committee recalls that the absence of complaints of discrimination does not necessarily indicate an absence of discrimination, but rather often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness of the right to non-discrimination, and an absence of accessible dispute resolution procedures. The Committee, therefore, requests the Government to take measures to ensure that workers are aware of their rights under the Convention, and that complaint mechanisms are accessible to all, and to keep the Committee informed in this regard. The Committee also asks the Government to consider providing specific training to labour inspectors in the area of discrimination, so that they are better able to identify and deal with cases of discrimination in the workplace. Please also provide information on the number of female labour inspectors hired, and the proportion of female to male labour inspectors.

9. Statistical information. The Committee notes from the Government’s report 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. The Committee looks forward to receiving the statistical information from the Government, and requests that the information include the participation rate of women and men in the public and private sectors, disaggregated by occupation and level of employment. The Committee also requests information on the participation rate of women and men in the various disciplines of technical and vocational training, and on the number of women engaged in business activities.

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The Committee notes the Government’s first report and requests it to provide additional information on the following points.

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indications that no precise definition exists of what constitutes sexual harassment. However, it was the employer’s responsibility to protect women’s dignity in the workplace. Working women had the right to lodge complaints within their enterprises and if the matter was not solved it can be brought before the police, the prosecutor and the competent courts under criminal law. The Committee notes that no complaint concerning sexual harassment in the context of work has been brought. The Committee would appreciate it if the Government would continue to provide information on the measures taken to address the issue of sexual harassment in the workplace.

2. Discrimination on the basis of political opinion, sex and colour. The Committee notes that several articles of the Constitution are in accordance with the principle of the Convention, such as article 34 stating that every citizen shall be free to choose an occupation, trade or profession; article 35 providing that all citizens shall have equal access to public office; and article 25 establishing equality of citizens before the law, irrespective of race, nationality, religious belief or social status. The Committee also notes the recent ratification of the Convention on the Elimination of All Forms of Discrimination against Women on 6 October 2004. However, section 32 of Federal Act No. 8 of 1980 regarding women’s remuneration appears to be the only provision in national law on men’s and women’s equality in employment and occupation. In the absence of any legal provisions prohibiting discrimination on the basis of political opinion, colour and sex (with the exception of section 32 of Federal Act No. 8), the Government is requested to indicate how the Convention is being applied in respect to these grounds in law and practice.

3. Equality of opportunity and treatment of men and women. The Committee understands that women are required to obtain permission of their husbands in order to take up employment outside the home. Please supply a copy of the relevant legal provisions containing this requirement and indicate how it is enforced and applied in practice.

4. Discrimination on the basis of race, colour and sex. The Committee refers to its previous comments under Convention No. 100, regarding the exclusion of domestic occupations and similar workers from the scope of Federal Act No. 8 of 1980. It also recalls the Government’s indication that these workers were covered by the Act on Civil Procedures which is supervised by the Ministry of the Interior. Given that domestic workers are particularly vulnerable to discrimination and abuse, the Government is requested to provide information on the measures taken or envisaged to prevent discrimination against domestic workers on the basis of their race, colour and sex, including remedies available to victims of such discrimination. Please indicate any steps taken to strengthen the legal protection of these workers, and whether the Government is considering bringing them under the protection of the labour laws.

5. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in respect to employment and occupation. The Committee recalls that the existence and implementation of a national equality policy, in addition to legislative measures, commit the Government to taking concrete and practical steps, such as those listed in Article 3 of the Convention to ensure that the policy is accepted and observed. In order to allow the Committee to continue to assess the manner in which the Convention is applied, the Government is requested to provide the following information in its next report:

(a)  Information on any measures taken or envisaged to bring the Convention to the attention of institutions and authorities responsible for ensuring equality of opportunity and treatment in respect to access to vocational training and guidance, access to employment in the private and public sector, as well as equal terms and conditions of employment. Please indicate which institutions and authorities have been made aware of the Convention and its requirements and methods by which the authorities ensure that the Convention is applied in practice.

(b)  Information on any educational, training or awareness-raising activities planned promoting equality of opportunity and treatment of all groups protected under the Convention among employers, job seekers, labour inspectors and other competent public officials, and society at large.

(c)  Information on the practical measures taken to ensure that the Convention is applied to non-nationals living and working in the country.

(d)  Information on the remedies available to persons considering themselves victims of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Please indicate the number and nature of cases brought before the competent bodies and the manner in which they have been resolved.

(e)  Information on any results achieved in pursuing the national policy on employment equality.

6. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measure that may have been taken concerning persons justifiably suspected, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation, and the procedural remedies available to challenge such action.

7. Article 5. Special measures. The Committee notes that section 27 of Federal Act No. 8 prohibits night work of women, while section 28 and Ministerial Orders No. 46/1 and No. 47/1 of 1980 allow for certain exceptions. It also notes that under section 29 of Federal Act No. 8 "no women shall be employed on any job that is dangerous, arduous or detrimental to health or morals". A catalogue of occupations following under section 29 has been established by Ministerial Order No. 6/1 of 1981. The Committee requests the Government to indicate whether it considers reviewing these provisions in consultation with representatives of workers’ and employers’ organizations in order to assess whether these restrictions for women’s employment are still necessary, in view of the principle of equality, improvements in conditions of work and changing attitudes.

8. Part V of the report form. Statistical information. The Committee notes from the Government’s report that 41.5 per cent of employees in the educational sector are women. In the banking sector 57 per cent of the employees are women. The Committee also notes from the Government’s report under Convention No. 100 that women’s participation is highest in the occupational groups of technicians (33.3 per cent), clerical professions (19.1 per cent), and specialists (10.3 per cent). In the group of directors, 6.5 per cent are women. In other occupational groups there is practically no or very low female participation (e.g. among salespersons, ordinary workers or in agriculture). The Government is requested to continue to provide statistical information on the participation rate of men and women in private and public employment disaggregated by occupation and level of employment. Please also provide information on the participation of men and women in the various disciplines of technical or vocational training and on the number of women engaging in business activities.