Legal Framework

INTRO

The UAE has been long accused of a series of abusive practices related to labor issues, which vary from nonpayment of wages and absence of basic benefits, to dangerous working and living conditions, to a labor law system that favors the employers - notwithstanding issues like the denial of freedom of association and the right to strike. The purpose of this page is three-fold:Firstly, it aims to raise awareness among the different stakeholders of the most important, relevant, existing international legislation related to labor issues. We hope that immigrant workers, domestic groups, and international players will increase their understanding about the potential for the UAE's legal system to become more progressive. By offering a comprehensive source of the existing international legislation, we aim to inspire advocacy inside the country, as well as outside.
Secondly, we provide a comprehensive overview of the existing labor legislation domestically. Unfortunately immigrant workers in the UAE are predominantly unaware even of this basic regulation, which leads to even more abuses. We also provide a translator tool, where the immigrant workers can translate some of the information.
Thirdly, we have concentrated some of the available online tools (e.g. provided by UAE Ministry of Labor etc), that migrant workers can actually use in order to find labor-related information and handle some of their issues.

INTERNATIONAL LEGISLATION

The UAE government should drastically reform its labor laws to conform to international standards set by international organizations, like the International Labor Organization. We urge the UAE government to become a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The United Nations Convention constitutes a comprehensive international treaty regarding the protection of migrant workers’ rights. It emphasizes the connection between migration and human rights, which is increasingly becoming a crucial policy topic worldwide. It aims at protecting migrant workers and members of their families; its existence sets a moral standard, and serves as a guide and stimulus for the promotion of migrant rights in each country.

The UAE is also not a party to key other international human rights treaties such as the International Covenant on Civil and Political Rights. We believe that by better incorporating international legislation with national law, the UAE will benefit by adopting a better regulatory framework for its own internal matters, which can also result in improvement of migrant workers conditions in the country. We also emphasize opportunities for the UAE to substantially improve its public image abroad.

Legislation Not Signed by the UAE

Legislation Signed by the UAE

UAE is a member of the following labor-related international treaties:

NATIONAL LEGISLATION

Current Labor Law in the UAE is administered by the Federal Ministry of Labor and Social Affairs. It is loosely based on the International Labor Organization's model. UAE Law No. 8 of 1980, as amended by Law No. 12 of 1986 (the "Labor Law") governs most aspects of employer/employee relations, such as hours of work, leave, termination rights, medical benefits, repatriation, and disputes. Trade unions do not exist. Strikes and lockouts are forbidden.

Human Rights Watch 2010 Report for UAE is highlighting a number of important labor issues, still dominant in the country. Immigration sponsorship laws grant employers extraordinary power over the lives of migrant workers. Other laws in force fail to protect workers' rights to organize and to bargain collectively, provide punishments for workers going on strike, and exclude from coverage domestic workers employed in private households.

Although the Labor Law of 1980 calls for a minimum wage, the Ministry of Labor has yet to adopt such a measure.

Another issue has to do with the non-existent and/or insufficient bilateral agreements between UAE and the sender countries. Many immigrant workers end up in taking huge loans, paid to marginally legal or illegal recruiting agencies in their home countries. As soon as they arrive in the UAE, they realize that their salary will be much less than promised, rendering them unable to repay their loan on time, and having their passports detained for leverage.

We urge the UAE to immediately proceed to establish adequate bilateral agreements with the sender countries, and adjust/ enforce its domestic regulation in regards to the above.

Special Categories

Domestic workers: In April 2007, UAE Government provided with a standard contract for domestic workers, which contains some protections and calls for "adequate breaks," but does not limit working hours or provide for a weekly rest day, overtime pay, or workers' compensation.
Construction workers: Abuses include maintaining unsafe working environments that contribute to avoidable illness or deaths, and withholding workers' travel documents. In June 2009 the UAE cabinet approved compulsory housing standards to improve living conditions for migrant workers. Employers still have five years to comply with the rules, which took effect in September.

In regards to the current economic crisis, and despite this, foreigners still officially constitute the 83.5% of the residents in UAE, which accounts for nearly 99% of the work-force in the private-sector. The current economic environment has just deteriorated the labor situation in the UAE. Migrant workers have been expatriated by thousands as many construction mainly projects were suspended. Many foreigners have also been jailed for dept and corruption, with limited access to fair treatment.

Four Types of Labor Laws

The UAE has four main types of Labor Laws:

Federal Labor Law – Applies to all the seven Emirates and supersedes free zone laws in certain areas.
JAFZA Labor Law – Applies to the Dubai Jebel Ali Free Zone.
TECOM Labor Law – Applies to all Dubai Technology and Media Free Zone.
DIFC Labor Law – Applies to all companies in the Dubai International Financial Center Free Zone.

OTHER TOOLS

Dubaifaqs

For Common Labor Law Questions, click here

For Ministry of Labor contact details, click here

Ministry of Labor

The Ministry of Labor has also established several online tools useful for employees as for employers. These include the eNetwasal services:
Labour Card Information
Contract Information
Salary Complain
Salary Complain Status

With the Enquiry services, the employee can access information related to the work permit status, the labor card etc.There is also available information on fees, an e-forms list, and a fine calculator.

Google Translator

Google has a tool that can translate legislation into many languages.

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Google Sites

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