United Arab Emirates

The ITUC does not have an affiliate in the United Arab Emirates.
United Arab Emirates has not ratified either Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) or Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949).
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
Freedom of association is prohibited.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to freely organise activities and formulate programmes
- The current Labour Law does not recognise trade unions, but workers are allowed to associate within “national societies and associations of public welfare”for the furtherance of common goals and interests.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Labour legislation does not cover public sector workers.
- Export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) workers
- 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.
- Agricultural workers
- Labour legislation does not cover anyone working in the agricultural sector.
- Domestic workers
- Labour legislation does not cover domestic workers.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is not protected in law.
Restrictions on the principle of free and voluntary bargaining
- Exclusion of certain matters from the scope of bargaining (e.g. wages, hours)
- 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 employees, as most are foreign nationals.
Undermining of the recourse to collective bargaining and his effectiveness
- Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
- The law does not recognise the right to collective bargaining.
Right to strike
Right to strike
The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Undue interference by authorities or employers during the course of a strike
- Authorities’ or employers’’’ power to unilaterally prohibit, limit, suspend or cease a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action - The Labour Minister is allowed to intervene to end a strike.
- Forcible requisitioning of workers strikers (apart from cases in public essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
) - The Labour Minister is allowed to force workers to go back to work.
Limitations or ban on strikes in certain sectors
- Undue restrictions for “public servants”
- Public sector workers and national security guards are not allowed to strike.
- Other limitations (e.g. in EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s)
- Migrant workers are banned from going on strike. Those who do, or provoke a strike "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.
In practice
On 17 April 2016, the Director of the Guggenheim Museum announced it was breaking off negotiations with the Gulf Labor Coalition (GLC), a group of international artists that since 2010 have been working to ensure that migrant worker rights are protected during the construction of museums on Saadiyat Island in Abu Dhabi. The island is being developed by the Tourism Development & Investment Company (TDIC) to serve as a regional arts hub featuring world-class branches of the Louvre, the British Museum, and the Guggenheim.
More than five years after Human Rights Watch (HRW) first revealed systematic human rights violations of migrant workers there, serious concerns remain about violations of workers’ rights on the island. An updated report published in February 2015 found that some employers continue to withhold wages and benefits from workers, fail to reimburse recruiting fees, confiscate worker passports, and house workers in substandard accommodations. Similar findings emerged in a recent labour audit by Pricewaterhouse Coopers.
The government has also “summarily deported Saadiyat workers who have gone on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in protest at low pay after their employers contacted the police” say HRW. Trade union rights are not protected in law for migrant workers, and strikes are prohibited.
The Guggenheim objected to the very high profile protests organised by the GLC, which it felt exerted unfair pressure, saying the coalition had not reciprocated the museum’s cooperative efforts. Further pressure was added when the GLC urged the Museum and TDIC to negotiate with other rights organisations, including HRW, the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
, the ITUC and the Building and Woodworkers’ International (BWI). But, the GLC said, “Guggenheim did not respond positively to any of these invitations.”
Riot police were deployed when hundreds of migrant workers employed by Emaar Properties, the developer of the Fountain Views project, staged a protest on 10 March 2015. Public protests are illegal in the UAE, and migrant workers do not have the right to go on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. They were protesting principally over their very low basic salaries and the fact overtime had been stopped, preventing them from supplementing their low pay. Agreement was reached in just over an hour of negotiations and the protest was called off without any violence or arrests.
Construction workers at the company Arabtec were striking to demand a 350 UAE dirham (92 US dollars) monthly food allowance to be paid with their salaries, rather than the three daily meals provided by the company. Workers earn 650 to 1,200 UAE dirham a month (from 177 to 327 US dollars). The company refused to negotiate with the workers and instead the Ministry of Labour sent the police to the labour camp to coerce workers to return to work. Even though management stated that all workers returned to work, several workers have stated that they received deportation orders.
Non-nationals account for over 88.5% of the population, and many of them are migrant workers. They are often prey to extreme exploitation: unpaid wages, excessively long working hours, passports confiscated by the employer, changes upon arrival to the contract they signed before leaving, etc. As domestic work is not covered by the labour legislation, domestic workers are even more vulnerable than migrants in other sectors. Many say they have suffered physical and sexual abuse, in addition to the exploitation migrants are usually exposed to.
As migrant workers do not have the right to join a union or go on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, they don’t have the means to denounce the exploitation they suffer. Those who protest risk prison and deportation.
The pay protection system that has progressively been set in place since 2009 obliges companies to pay their workers’ wages via electronic bank transfer, that the authorities are able to verify. This measure has not been enough to prevent delays in the payment of wages however, notably because the Labour Ministry’s resources are far too meagre in face of the number of migrants.
A sponsorship system (“kafala”) continues to link migrant workers’ visas to an employer or “guarantor”, even though the terms were relaxed in 2011: at the end of a two year contract, the authorities allow unskilled workers to change job without a certificate of non-objection from their employer. The under-secretary at the Ministry of Labour has stated that if the clauses of the contract are breached, or if the worker is not paid, the Minister can end the contract.
In March the daily paper “The National” reported that 400 workers from India, Pakistan and Bangladesh living in workers’ accommodation in Al Faya in the desert to the east of Abu Dhabi, worked for up to ten months without being paid. Some just gave up and went home without receiving their money, complaining that it took months for the courts to deal with their case. Others were too frightened to complain, because their work visa had expired and they risked fines of up to 10,000 Dirhams (2,700 US dollars).
In February the NGO Anti-Slavery International again found that children, of barely 10 years of age, were being used as jockeys in a camel race in Abu Dhabi, even though the law bans the use of jockeys under 18. The children came from South Asia. Police officers and a high ranking member of the royal family attended the race.