Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Emiratos Árabes Unidos

Convenio sobre las horas de trabajo (industria), 1919 (núm. 1) (Ratificación : 1982)
Convenio (revisado) sobre el trabajo nocturno (mujeres), 1948 (núm. 89) (Ratificación : 1982)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work) and No. 89 (women’s night work) together.

Hours of work

Articles 2, 6 and 8(1)(c) of Convention No. 1. Exceptions to normal hours of work. Record keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that Federal Act No. 8 of 1980, which is the main legislation implementing the Convention, is under revision. While noting the content of draft sections 46 (on daily hours of work) and 48 (on overtime) of the revising act, as provided by the Government, the Committee observes that it is not in a position to provide an assessment of conformity without having access to all the provisions of the draft which address working time. Based on the provisions available, it wishes to emphasize the importance of national legislation and practice restricting recourse to exemptions from the maximum limits to hours of work (namely eight hours in the day and 48 hours in the week) to cases of clear, well-defined and limited circumstances such as accident, actual or threatened, force majeure or urgent work to be done to plant or machinery (2018 General Survey on working time instruments, paragraph 119). The Committee also notes that the Government’s reply to its previous request under Article 8(1)(c) does not specifically address the obligation for employers to keep a record of all hours worked in excess of the normal hours of work, as provided for under this article. The Committee requests the Government to ensure that any revision of the legislation is in full conformity with the Convention and to provide information on all relevant provisions on working time as well as on the time of the coming into force of the new law. It recalls that the Government can avail itself of the technical assistance of the ILO in this process.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. Further to its previous comments, the Committee notes the Government’s indication in its report that it is considering the abrogation of the prohibition of women’s night work. On this matter, it refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.