2010 Annual Survey of violations of trade union rights – United Arab Emirates

Population: 4,600,000
Capital: Abu Dhabi
ILO Core Conventions Ratified: 29 – 100 – 105 – 111 – 138 – 182

Migrant workers are frequently the victims of serious exploitation. The government has taken some measures to combat abuse, but only the creation of independent trade unions would guarantee the respect of workers’ rights. Trade union rights are severely restricted.

Trade union rights in law

There is not much room in the law for trade union activities. The current Labour Law does not permit trade unions, although workers are allowed to associate for the furtherance of common goals and interests. Public sector workers, as well as domestic workers and anyone working in the agricultural sector, are not covered by the labour legislation, and the EPZs have their own departments to deal with workers’ issues.

The right to collective bargaining is not recognised in law, however workers’ representatives have some say in settling disputes. All wages are fixed in individual contracts that are reviewed by the authorities. Furthermore, the right to strike is not specifically recognised, and the Labour Minister has the power to intervene to end a strike and force workers to go back to work. Public sector workers, security guards and migrant workers are not allowed to strike, and migrants who participate in or provoke a strike “without a valid reason” can be banned from working for a year and can even have their work permits cancelled and be deported.

A draft Labour Law released for comments in 2007 does not improve the trade union rights situation in any significant way.

Trade union rights in practice and violations in 2009

Background: The economic crisis has affected the United Arab Emirates, exacerbating the violations of migrant workers’ rights. The construction industry sent thousands of migrants home after building projects were abandoned or suspended. Despite this change however, migrants still officially account for 83.5 % of UAE residents and nearly 99% of the private-sector workforce.

Exploitation of migrant workers: Migrants, mainly from South Asia, make up the majority of the workforce. Many are employed in the construction industry and domestic work. Among the most frequent problems encountered by migrant workers are the confiscation of their passports, the lack of health and safety measures and the non-payment of salaries for many months. Several strikes have broken out in recent years to protest at serious delays in salary payments.

The government has repeatedly announced that the defence of migrant workers’ rights is one of its biggest priorities. The most simple solution for guaranteeing the respect of these rights would be to allow the creation of trade unions, but the government prefers to act alone, stepping up labour inspections and checks on the payment of salaries. Migrant workers often risk expulsion if they try to create trade unions.

Little improvement for domestic workers: In 2007, the government introduced a standard contract for foreign domestic workers that abolished commission fees by recruitment agencies and provided for decent living and working conditions. In practice, however, many migrant domestic workers suffer the same types of serious abuse faced in other countries in the region: confinement in the employers’ home, physical and sexual abuse, unpaid salaries, etc. In August, says Human Rights Watch, the Philippines government paid to fly home 44 Filipinas who had been living for months at a shelter. The women were among 127 Filipinas, mostly domestic workers, who fled their workplace after complaining of mistreatment, long working hours, insufficient food, and non-payment of salaries.

Practices akin to forced labour on the “Island of Happiness”: In a report published in May, “The Island of Happiness: Exploitation of Migrant Workers on Saadiyat Island, Abu Dhabi”, Human Rights Watch (HRW) denounced the serious exploitation of thousands of South Asian migrant workers employed on the development of Saadiyat Island. Several international institutions are planning to open branches on the island – including the Guggenheim, New York University (NYU), and the French Museum Agency (responsible for the Louvre Abu Dhabi).

Human Rights Watch accused labour-supply agencies, construction companies and repressive laws for being responsible for the abuse, which in some cases amounts to forced labour. The report recognises that the government has moved to improve housing conditions and ensure the timely payment of wages in recent years, but adds that it has not done enough to tackle the root causes of abuse: unlawful recruiting fees, broken promises of wages, and a sponsorship system that gives an employer virtually complete power over their workers. HRW noted that all the Saadiyat workers it spoke to said they were frightened to complain to the authorities, go on strike or organise trade unions because they thought they would be dismissed and sent home.

Demonstration dispersed: On 31 August, the police and immigration authorities broke up a demonstration by some 2,000 migrant workers who had gone on strike to protest against low pay. They were employed by the building and engineering company Al Habtoor in Dubai.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec5028&skip=0&coi=ARE&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – United Arab Emirates

Population: 4,400,000
Capital: Abu Dhabi
ILO Core Conventions Ratified: 29 – 100 – 105 – 111 – 138 – 182

The new draft labour law does not give the right to join unions or to collective bargaining. A new law establishes an employment contract for domestic servants, and measures have been announced to improve migrant workers’ working conditions. Thousands of migrant workers in the construction sector were arrested or deported following many strikes.

Trade union rights in law

Freedom of association and right to collective bargaining – Prohibition: The current Labour Law does not permit trade unions, although workers are allowed to associate for the furtherance of common goals and interests.

The law does not recognise the right to collective bargaining. Wages are fixed in individual contracts that are reviewed by the Ministry of Labour and Social Affairs. The Immigration Ministry performs this role for domestic staff, as most are foreign nationals, but this may change with the new law (see below).

Workers’ representatives have some say in settling disputes, through complaints to the Ministry of Labour or, if the Ministry is unable to mediate a solution within ten days, through joint Conciliation Committees, chaired by the Ministry. However, workers do not have the right to stop work while a dispute is being resolved.

Some sectors not covered: Labour legislation does not cover public service workers, domestic workers or anyone working in the agricultural sector. Employees in the latter two sectors have great difficulty in negotiating employment contracts and are particularly exposed in the event of a dispute with their employer.

Draft law falls far short of ILO standards: The draft labour law released for comment on the Internet in March 2007 falls far short of ILO norms.

It does not allow workers to form or join independent trade unions and does not give them the right to bargaining collectively. It also punishes striking workers. It fails to protect migrant workers by failing to incorporate a 2001 ruling that prohibited employers from confiscating employees’ passports.

It discriminates against women workers by limiting their access to nighttime employment and heavy work and treats them as dependent on men.

Right to strike – banned in the public sector: Public sector workers and national security guards are not allowed to strike.

The law does not provide for the right to strike for other workers but does not forbid it either. The Labour Minister is allowed to intervene to end a strike and to force workers to go back to work.

Ill-treatment of migrant workers: Migrant workers are banned from going on strike. Those who do, or provoke one “without a valid reason” can be banned from working for a year, and if they are absent from work for more than seven days without a valid reason, can have their work permits cancelled and be deported.

Employment contracts for foreign domestic workers: The government has established a standard contract for foreign domestic workers that abolishes commission fees by recruitment agencies and provides for decent living and working conditions. In the case of India housemaids, the government reached a bilateral agreement with the Indian government that maids must be paid a minimum wage and offered a minimum set of working conditions.

Government to improve pay and working conditions: In response to the many construction workers’ strikes in 2007, the government created a salary review committee consisting of labour ministry officials and construction company representatives.

Export processing zones (EPZs): Although the EPZs are supposed to comply with the Labour Law, they are not regulated by the Ministry of Labour. Each zone has its own department to deal with workers’ issues.

Trade union rights in practice and violations in 2008

Background: Migrants, most of whom come from South Asia, account for between 85% and 95% of the workforce. They include 1.5 million expatriate Indians (42.5% of the total labour force and 65% are in the blue-collar category). A large number of them work as contract labour in the booming construction industry. In addition, there are an estimated 300,000 illegal workers. Strikes and demonstrations are becoming more frequent and violent as thousands of workers in the construction industry are forced to live and work in harsh conditions. Furthermore, many have to wait months to be paid, and the work is very hazardous. In the light of these events, government and business representatives met with India officials and trade unions and civil society groups on 18 June to discuss how to ensure these workers were employed under humane conditions.

Goodwill gestures by the authorities: Despite making arrests and deportations, the authorities have established two bodies, the Permanent Committee for Labour Affairs and the police authorities’ Human Rights Department. These apparently receive thousands of complaints and enable employees to receive back pay. However, government announcements that it intended to bring in reforms such as a special Labour Court and the recruitment of a large number of Labour Inspectors have come to nothing.

Indian government launched a resource centre for overseas workers: In January, in response to complaints about the treatment of India expatriates, the Indian government launched the Overseas Workers Resource Centre and the Prime Minister’s Global Advisory Council.

On 31 October, at a Global Forum on Migration and Development in the Philippines, the UAE government announced an initiative to improve working and living conditions for migrant workers. It committed to identify best practices in temporary contractual employment for Filipino and India workers in the UAE’s construction, health care and hospitality sectors.

Migrant workers exploited: Legal workers are bound by the sponsor system, which puts them at the mercy of their employers and recruitment agencies. They can be deported if they try to organise trade unions.

Migrant workers jailed and deported: On 14 March, 45 Indian construction workers were sentenced to six month’s imprisonment followed by deportation for striking for better working conditions. They were among 1,000 who were arrested, after 2,400 labourers held a protest outside the Drake and Scull Group about the low level of monthly wages, which stand at US$163.

Migrant workers held for questioning after violent protest: Hundreds of Asian labourers were arrested for questioning on March 18 at an electric and sewage maintenance company in Sharjah (one of the seven states that make up the UAE), after around 1,500 workers protested about their wages and living conditions. The authorities dubbed the behaviour as “subversive”.

3,147 Asian workers arrested after food protests: 3,147 workers (mainly from India, but a few from Bangladesh and Pakistan) at the RAK Ceramics factory at Ras Al Khaimah were arrested and taken to detention centres for rioting about the quality of food in their labour camp on 4 July. On 17 July, all except eight of the workers were released and sent back to their work camps.

Government deports striking taxi drivers: In August the authorities in Abu Dhabi rounded up 250 taxi drivers for holding a protest outside the City Hall and between 50 and 250 were allegedly deported.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cac19&skip=0&coi=ARE&querysi=trade&searchin=title&display=10&sort=date