Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Emiratos Árabes Unidos (Ratificación : 2001)

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.