Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - United Arab Emirates (Ratification: 1997)

Legislation. The Committee recalls that section 32 of the Federal Act No. 8 of 1980 regulating employment relationships only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the draft legislation is still under examination but that the proposed amendment (section 33) provides that women and men have the right to equal remuneration for work of equal value. The Committee trusts that the draft amendment will soon be adopted and will reflect fully the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and asks the Government to provide information on the progress made in this regard, as well as to provide a copy of the amended text.

Application in the civil service. The Committee notes from the Government’s report that 45.8 per cent of employees in the State sector are women (38 per cent in state bodies and agencies and 46 per cent in federal ministries). It also notes the 2009 data on the number of persons (citizens and non-citizens) occupying posts of leadership and supervision in state bodies and agencies, as well as federal ministries. However, as previously indicated, such data needs to be disaggregated by sex and indicate corresponding earnings so as to enable the Committee to assess the real nature and extent of pay differentials in the civil service, or whether any progress has made in reducing such differentials. The Committee therefore urges the Government to increase its efforts to collect and provide statistical data, disaggregated by sex, on the distribution of men and women in the various grades of the civil service, with the corresponding salaries of employees working in State bodies and agencies and federal ministries.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s clarification that an evaluation of the classification of jobs in the civil service was undertaken in accordance with Order No. 5 of 1991 by the Council of Ministers, which includes 5 job groups divided into categories. Work is also under way in collaboration with the executive office of the Gulf Cooperation Council Countries, to update the system of classification and description of civil service posts to suit international classification. The Committee reminds the Government that whatever methods are being used for the objective evaluation of jobs in the civil service, particular care must be taken to ensure that they are free from gender bias. The Committee asks the Government to provide information on the progress made in updating the system of classification and description of civil service posts, the method of job evaluation used and the measures taken to ensure that the method itself is free from gender bias and that remuneration rates are being established without discrimination based on sex. Please also provide information on any measures taken or envisaged to promote the objective evaluation of jobs in the private sector.

Application in the private sector. The Committee notes that the average income of female employers and self-employed workers is 58.58 per cent of that of male employers and self-employed workers. The average income of female salaried workers is 72 per cent of that of male salaried workers. The Committee further notes the statistical data on the average income by occupation (Manpower Survey, 2008, Ministry of the Economy), which are not disaggregated by sex and do not make it possible to assess any existing income differentials between men and women. The Committee also notes that the Government will send the results of the survey on recruitment, wages and working hours in the private sector, along with a copy of the report on the “Manpower Survey, 2009”, as soon as they become publicly available. The Committee looks forward to receiving the results of the survey on recruitment, wages and working hours as well as of the Manpower Survey, 2009, and asks that the fullest possible statistical data be provided, disaggregated by sex, on the remuneration levels of men and women in the various occupations and sectors of the economy. The Committee further asks the Government to provide information on any practical measures taken or envisaged to promote the principle of equal remuneration for men and women for work of equal value in the private sector.

Cooperation with workers’ and employers’ organizations. The Committee reiterates its request to the Government to indicate more specifically any activities seeking the cooperation of organizations representing the workers and the employers with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee notes the information on the mechanisms established by the Ministry of Labour through which workers can communicate and submit their complaints, including the workers dispute division and the call centre. It notes in particular that the Workers’ Guidance Department (Ministerial Order No. 551 of 17 May 2009) has the mandate to raise awareness on the labour legislation, as well as on ratified international conventions, to provide guidance to workers and employers on the Ministry’s procedures and policies, to prepare guidance material on inspection, the relevant legislation and policies, and to improve the relationship with the social partners. The Committee notes that awareness raising and guidance activities have been undertaken by the Workers’ Guidance Department, in collaboration with employers’ organizations and professional associations, the General Women’s Federation, the Human Rights Office and others, including some targeting women workers. In addition, a number of workers’ welfare offices have been established which can receive complaints and queries, monitor negative trends, organize awareness raising and disseminate materials and undertake field visits. With respect to labour inspectors, the Committee notes the general training programme for labour inspectors and the intention of the Government to publicize a training manual for labour inspectors, in collaboration with the ILO, on the indicators pointing to cases of discrimination, sexual harassment and forced labour in the workplace, and the manner in which these should be addressed. With regard to wage disputes and wage discrimination based on sex, the Government indicates that no complaints were received in this regard and that complaints mostly related to non-payment or irregular payment of wages. The Committee asks the Government to provide information on the following:

• (i) the specific activities undertaken by the Workers’ Guidance Department and the workers’ welfare offices to promote and ensure the application of equal remuneration for men and women for work of equal value, including awareness raising and publication of materials on equal remuneration, and any complaints received regarding unequal remuneration;
• (ii) targeted training on the principle of the Convention, for labour inspectors and others involved in enforcement, and on the impact of such training; and
• (iii) any administrative or judicial cases relating to equal remuneration between men and women, including the outcome of such cases.