Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - United Arab Emirates (Ratification: 1982)

Articles 1(1), 2(1) and 25 of the Convention. 1. Legal framework concerning migrant workers. The Committee notes the Government’s information, in its report, regarding the reform of its labour legislation through the adoption of: (1) Federal Decree-Law No. 33 of 2021 on the regulation of employment relationships in the private sector (excluding domestic work), supplemented by Cabinet Decision No. 1 of 2022 on the Implementing Regulation of Federal Decree-Law No. 33; and (2) Federal Decree-Law No. 47 of 2021 concerning the Unified General Rules of Labour which establishes minimum rights for all private sector workers, covering equal opportunities, wages, working hours, annual leave, maternity, sick and parental leave, and public holidays.

The Committee also notes the adoption of Federal Decree-Law No. 9 of 2022 on domestic workers and Cabinet Resolution No. 106 of 2022 on the Executive Regulations of the Federal Decree-Law, which encompass various aspects of the employment conditions for domestic workers, such as working hours, leave entitlements, and safety and health protocols, as well as the duties and responsibilities of both employers and workers. Supplementing these laws are various implementing regulations, including Ministerial Resolution No. 674 of 2022 on labour relations for domestic workers and Ministerial Resolution No. 676 of 2022 on domestic labour recruitment agencies.

(i) Recruitment process. The Committee notes that under section 8 of Federal Law No. 33 of 2021, employers are required to use the contract models specified in the implementing regulations. Ministerial Resolution No. 46 of 2022 regarding work permits, job offers, and employment contract forms, mandates employers to use approved contract forms matching job offers when applying for work permits. The Committee notes the Government’s information regarding the number of work permits in the private sector – issued pursuant to the signed contracts registered in the Ministry of Human Resources and Emiratisation (MOHRE) database prior to visa issuance – which adhere to procedures ensuring workers are informed about job details and wages in a language they understand (for example, 2,150,645 permits registered in 2022 and 1,620,801 permits in the first half of 2023). The Committee further notes that section 6 of Federal Law-Decree No. 33 of 2021 establishes the prohibition on employers from charging workers recruitment fees. The Government provides information on complaints filed by workers seeking reimbursement of such fees, including 6,418 complaints in 2020 and 3,292 complaints in 2021 to the MOHRE regarding fees charged unlawfully in the private sector.

In the domestic work sector, the Committee notes the Government’s information that 243,961 work permits were issued by the MOHRE in 2022, with an additional 152,544 permits issued in the first half of 2023. Under Federal Decree-Law No. 9 of 2022, domestic workers may only be employed if they hold a valid work permit issued by the MOHRE (section 4). The law also outlines key principles for recruitment agencies, including requirements to provide workers with detailed information about job conditions and wages, prohibit the collection of fees from workers, offer suitable temporary accommodation, and ensure that workers are informed of their rights (section 5). Section 6 provides that recruitment agencies and employers must adhere to a standardized contract, delineating their rights and obligations. These obligations are reinforced by Cabinet Resolution No. 106 of 2022, which requires recruitment offices to demonstrate that they cover all commission payments, ensuring no costs are passed on to workers. The Committee further notes that Federal Decree-Law No. 9 prohibits employers from imposing any costs or charges on domestic workers, directly or indirectly (section 11(13)). The Government reports that in 2022, the MOHRE received 6,408 complaints from domestic workers seeking reimbursement of recruitment fees. Of these, 2,577 were resolved by the Ministry’s team, while 3,831 were referred to the judiciary for further action.

(ii) Transfer of employer and termination of employment. The Committee notes that section 8 of Federal Decree-Law No. 33 of 2021 provides that employment contracts may be concluded for up to three years, extendable or renewable by mutual agreement. During the probationary period, which may last up to six months, workers must notify their employer in writing at least one month in advance to transfer to a new employer, with the new employer required to compensate the original employer for recruitment costs (section 9(2)). Workers may also terminate their employment during probation and leave the country with a minimum written notice period of 14 days (section 9(4)). After probation, the law permits either party to terminate the contract, for legitimate reasons, with written notice ranging from 30 to 90 days, with compensation applicable only if the notice period is not observed. Section 45 enables workers to terminate the contract without notice in cases of ill-treatment or rights violations. In instances of assault, violence or harassment by the employer, workers must notify the competent authorities and the MOHRE within five working days of being able to report. The Committee notes, from the Government’s statistics on employment transfers in the private sector, that a sustained high number of transfers took place following the enactment of Federal Law-Decree No. 33 in 2022, with 415,544 transfers in 2022 and 337,196 transfers until August 2023.

Regarding domestic workers, section 7 of Federal Decree-Law No. 9 specifies that their employment contracts are initially valid for a period of two years, with the option for renewal for an additional two years. Section 20 allows domestic workers to terminate their contracts unilaterally if employers fail to meet their obligations under section 11 of the law, provided the worker notifies the MOHRE within two weeks of the breach. Furthermore, in cases of serious misconduct by the employer, such as physical assault, sexual assault or humiliation, the worker is permitted to leave immediately without prior notice. However, they must promptly report the incident to the competent authorities and inform the MOHRE within three days of departure, as stipulated in Section 10(2) of Cabinet Resolution No. 106 of 2022. Additionally, section 21 permits the transfer of a domestic worker to a new employer, provided all contractual obligations are fulfilled and the rights of the original employer are respected, in accordance with the conditions set by Ministerial Decision. The Committee takes note of the Government’s statistics on the transfer of women domestic workers between employers, noting 65,429 transfers in 2022 and 35,070 until August 2023.

(iii) Passport confiscation. The Committee notes that section 13(2) of Federal Law-Decree No. 33 of 2021 prohibits employers from withholding workers’ official documents. In this regard, the Government indicates that, in 2022, 19,454 complaints were lodged for return of passports or other kinds of identification documents. In 19,414 cases, resolution measures were taken by the MOHRE’s dedicated team. In 40 cases where employers refused to return passports, the matter was escalated to the Office of Public Prosecution for further action.

As regards domestic workers, Federal Decree-Law No. 9 of 2022 establishes their right to retain all official documents, including their passport (section 11(11)). Employers who withhold these documents may face a fine. The Government indicates that judicial officers are authorized by the MOHRE to inspect recruitment agencies, worksites and workers’ housing upon receiving complaints, ensuring compliance with the law and preventing the unauthorized retention of a domestic worker’s passport. The Government reports that in 2022, the MOHRE received 2,132 complaints from domestic workers regarding the withholding of passports. Of these cases, 2,100 were resolved through negotiations with employers, resulting in the return of the passports. Additionally, 32 employers who refused to cooperate were referred to the Office of Public Prosecution, which ordered the immediate return of the passports to the domestic workers.

The Committee welcomes the guarantees established under the new legislative framework on the employment of migrant workers and migrant domestic workers and urges the Government to ensure its effective implementation so that all migrant workers are protected from abusive practices that may amount to forced labour or exploitation by: (i) ensuring fair recruitment processes that include the prohibition of charging recruitment fees to workers; (ii) ensuring the effective implementation of migrant workers’ rights to transfer or terminate jobs; and (iii) preventing the confiscation of their passports. In this regard, it requests the Government to continue providing information on:

• compliance with the prohibition on charging recruitment fees, including the outcomes of related complaints referred to the judiciary and the penalties imposed on both agencies and employers;
• statistical data on the number of employer transfers and contract termination among migrant workers, including domestic workers, since the enforcement of the new legislation and including, to the extent possible, details on the gender of the worker, the sector of employment, and the reasons for the transfer; and
• detected violations of the prohibition on confiscating workers’ identification documents and of cases of passport confiscation referred to the Office of Public Prosecution, along with their outcomes and the penalties applied, specifying the sector of employment.

2. Labour inspection. The Committee notes the Government’s information that in 2022, the labour offices of the MOHRE conducted over 525,000 inspections to monitor compliance with Federal Decree-Law No. 33 of 2021, focusing on wage payments, working hours and decent accommodation, with a specific focus on detecting signs of potential forced labour. In this regard, the Government indicates that advancements in inspection procedures have been made in recent years, designed to be more proactive and responsive in identifying and assessing indicators of forced labour. The Government indicates that, in 2022, 30 establishments were found guilty of fraudulent practices, such as coercing workers into signing false documents or submitting deceptive data to the wage protection system. These establishments were fined and required to compensate workers. Additionally, 11 establishments were also fined for failing to meet accommodation standards and were ordered to improve their facilities.

Regarding inspections in the domestic work sector, the Government reports that the MOHRE, in cooperation with the inspection sector, regularly inspects recruitment agencies for domestic workers, particularly those involved in temporary employment. Inspections focus on legal compliance, including ensuring that employment offers are sent in the workers’ native language, prohibiting the collection of recruitment fees from workers, and verifying that foreign agencies are licensed by relevant authorities. Inspectors also check workers’ accommodation for adherence to occupational health and safety standards and decent living conditions. Labour inspectors are not allowed to enter an employer’s private residence without consent, except with authorization from the Public Prosecutor under specific conditions: a complaint from the employer or domestic worker, or reasonable evidence of a legal violation (section 24 of Federal Decree-Law No. 9 of 2022). In 2022, 802 inspections were conducted at 101 domestic worker recruitment agencies. From January to August 2023, 39 violations of employment regulations were identified, leading to legal actions. Inspections also uncovered 41 unlicensed establishments, resulting in fines and referrals to the Office of Public Prosecution. In September 2023, two agencies had their licences revoked for serious violations of federal law by Decree No. 9 of 2022 regarding domestic workers.

The Committee requests the Government to continue strengthening the labour inspectorate to ensure the effective monitoring of the application in practice of the new laws and regulations governing employment relationships, including in the domestic work sector. It requests the Government to provide information on the number and nature of cases where the Labour Inspection Department has identified violations potentially amounting to forced labour. The Committee also requests the Government to provide information on the number of inspections carried out in the residences of employers of domestic workers, both with and without the employers’ consent, following permission from the Public Prosecutor.

3. Access to justice, prosecutions and application of sanctions. The Committee notes that, under Ministerial Resolution No. 47 of 2022 on the settlement of labour disputes and complaints procedures, private sector workers must file complaints within 30 days if their employment contract or legal obligations are not met. An amicable dispute resolution is facilitated by a legal officer, and unresolved cases are referred to the Labour Court by the MOHRE. Once the MOHRE makes this referral, the worker has 14 days to register the complaint with the court. During this process, workers may only work for another employer with a temporary permit from the MOHRE, and those with an absconding claim against them are ineligible for this permit (section 3(d)). As for migrant domestic workers, Federal Decree-Law No. 21 of 2023 stipulates that disputes between migrant domestic workers, employers or recruitment agencies that cannot be resolved amicably can be referred to the MOHRE for review and action. If the issue remains unresolved for two weeks, the case may be forwarded to the competent court.

The Committee also takes note of the measures taken by the Government to ensure access to justice for migrant workers, including the establishment of mechanisms for fair arbitration of labour disputes and effective remedies. Before entering the labour market, migrant workers are informed about their legal rights and dispute resolution options at specialized centres. Workers can file complaints with the MOHRE through various channels, including a 24-hour call centre available in 20 languages, the Ministry’s website and smart apps for secure submissions, and “Tasheel” and “Tadbeer” centres. Additionally, the MOHRE offers a confidential complaint service that allows workers to report violations anonymously. The Government also provides information on various support measures to assist workers in accessing justice, including legal aid, consultation and translation services. Furthermore, to expedite justice, the judiciary has implemented initiatives like the “One-Day Court” for swift resolution of complaints.

The Committee notes the statistics provided by the Government on labour-related complaints filed by private sector workers from 2020 to mid-August 2023. The Government also reports that 9,715 complaints were submitted by domestic workers between January 2022 and January 2023. However, specific details on the issues raised in these complaints and their outcomes have not been disclosed.

The Committee requests the Government to continue to provide statistical information on migrant workers, including domestic workers who have filed complaints after disputes could not be settled amicably, detailing the nature of the complaints and their outcomes. It also requests the Government to provide information on investigations into suspected cases of forced labour, judicial proceedings, the number of judgments issued, and penalties applied on employers imposing forced labour. Additionally, the Committee requests the Government to provide information on the number of temporary permits issued by the MOHRE to workers whose complaints have been referred to a court, and the number of temporary permits denied due to absconding claims filed by employers.

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