Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that significant differences exist in wages of male and female employees. According to the 2009 Labour Force Survey (National Bureau of Statistics), the monthly median wage of paid female employees was 2,000 United Arab Emirates dirham (AED) compared to AED3,500 for male employees (or a gender wage gap of 42.86 per cent) and the monthly mean wage for female employees was AED5,550.97 compared to AED7,917.57 for male employees (or a gender wage gap of 29.9 per cent). The data further show a significant wage difference between nationals and non-nationals with a monthly median income of AED18,000 for national employees compared to only AED2,500 for non-nationals; the mean monthly wage for nationals was AED20,557.50 compared to AED5,813.08 for non-nationals. The Committee notes that the National Bureau of Statistics estimated the national population in 2010 to be 947,997 (479,109 men and 468,888 women) compared to a non-national population of 7,316,073 (6,161,820 men and 2,102,250 women). The Committee requests the Government to collect and provide up-to-date statistical data, disaggregated by sex, showing an evolution of the gender wage gap over time in the various economic sectors and occupations, covering both the national and non-national population. The Committee also requests the Government to undertake measures to reduce the gender pay gap, including measures to examine its nature, extent and causes, and to report on the progress made.

Application of the principle in the public service. The Committee notes from the Government’s report that, in 2014, 38.76 per cent of the employees in the main and service posts in the federal Government were women. Of these, 44.9 per cent were employed in Main posts while only 4.81 per cent were in Service posts in the federal Government. Statistical data provided by the Government in October 2012 further indicate that 57.6 per cent of women civil servants were employed in the Ministry of Education (12,711 women compared to 5,607 men) and 30 per cent in the Ministry of Health (6,632 women compared to 2,678 men). The Committee further notes Cabinet Resolution No. 23 of 2012 endorsing the salary scales, inclusive bonuses and allowances for nationals and non-nationals in the federal Government. According to the Government, Federal Decree No. 11 of 2008 relating to human resources in the federal Government does not distinguish between civil servants on the basis of nationality or gender as it defines a civil servant as “any person” who occupies one of the posts referred to in the budget. In order to determine the extent and the nature of the gender pay gap in the public service, the Committee requests the Government to provide information, including recent up-to-date statistics disaggregated by sex, on the distribution of men and women, nationals and non-nationals, in the various pay scales of the federal Government, as well as in other state bodies, agencies and ministries. Please also clarify the meaning of “Main posts” and “Service posts” in the civil service. The Committee further requests the Government to provide information on the 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, including through measures aiming at assisting workers in reconciling work and family responsibilities, or addressing occupational gender segregation of the labour market.

Article 3. Objective job evaluation. The Committee notes the Council of Ministers’ Decision No. 28 of 2013 regarding the approval of the job evaluation and job description system for the federal Government, and the Guideline for Development and Review of Job Description and Evaluation of Federal Government Jobs and the Guidance Manual on Job Description and Evaluation Policy developed for this purpose by the Federal Authority for Government Human Resources. The Committee notes that posts were classified in 20 categories involving a job analysis and description for different jobs, taking into account criteria such as job dimensions, responsibilities, qualifications, experience, technical and behavioural competencies and knowledge and skills. According to the Guideline, the system is based on a unified job evaluation system for ministries and federal government entities that includes clear and accurate criteria, including responsibility, knowledge, and the formation of job evaluation committees responsible for weighing and evaluating the job size. The Government indicates that gender does not influence the determination of the wage or level of the post as reflected in the uniform wage scale for all civil servants established without discrimination based on sex. The Committee recalls that in the job evaluation processes, skills considered “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills such as heavy lifting. While welcoming the steps taken by the Government to establish an objective job evaluation system for the federal Government, the Committee requests the Government to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and are free from gender bias. The Committee also requests the Government to indicate the measures taken to promote the development and use of objective job evaluation methods in the private sector.

Enforcement. The Committee notes the Government’s indications that no complaint regarding unequal remuneration or discrimination in remuneration was received, based on the records of the Wage Protection Bureau, labour inspection reports or reports dealing with the settlement of disputes. The Committee recalls that where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights or of the principle of equal remuneration for work of equal value, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed. The Committee requests the Government to raise awareness, among the competent authorities and among workers and employers and their organizations, of the relevant legislation, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay. The Committee encourages the Government to undertake an evaluation of the effectiveness of the complaints procedures, including any difficulties encountered by women, in seeking judicial remedies with regard to cases of unequal pay for work of equal value, and to report on any steps taken in this regard.