Migrant workers in the United Arab Emirates

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Migrant workers in the United Arab Emirates describe the foreign workers who have moved to the United Arab Emirates (UAE) for work. As a result of the proximity of the UAE to South Asia and a better economy and job opportunities, most of the migrant foreign workers are from India, Nepal, Sri Lanka, Bangladesh, Philippines and Pakistan. [1]

Contents

Overview

In 2019, the UAE had the second-largest international migrant stock in the world at 87.9% with 8.6 million migrants (out of a total population of 9.8 million). [2] Non-citizen, migrant workers, account for 90% of its workforce. [3] [4] [5]

Economy

The GCC area is the most popular destination for temporary labour migrants worldwide. [6] The UAE's economy is the largest consumer market in the Middle East and is one of the largest Arab economies, second to Saudi Arabia. Its natural resources made it one of the world’s richest high (high-average income) countries. The economy is supported by the oil and gas reserves that are among the largest worldwide. [7] Immigration of labour, along with natural resources, fuel the UAE economy which is the largest consumer market in the Middle East. [7]

Emiratisation

Emiratis receive favorability in employment via the Emiratisation program forcing companies by law to limit the number of migrant workers in a company. This is done for the purposes of stabilizing the labour market and protecting the rights of this group as a minority in their own country. At the same time, however, due to the welfare benefits of the UAE government, many Emiratis are reluctant to take up low-paying jobs, especially those in the private sector, with citizens only representing 0.34% of the private sector workforce; [8] private sector employers are also generally more inclined to hire overseas temporary workers as they are cheaper and can be retrenched for various reasons, for example, if they go on strike [9] [10] [11] [12] Most UAE locals also prefer government jobs and seek university degrees to gain higher positions. [13]

Alien work permit

Sample UAE alien worker contract-page 1 of 2 Sample UAE alien worker contract-1.jpg
Sample UAE alien worker contract-page 1 of 2
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Sample UAE alien worker contract-page 2 of 2

The United Arab Emirates has a work visa sponsorship system to issue work permits for foreign alien nationals who wish to migrate for work in the UAE. [14] Most of the visas are sponsored by institutions and companies. A person looking to enter the UAE for work needs to first procure a work permit from the Ministry of Human Resources. The work permit allows the holder to enter the UAE for employment and it is valid for two months from the date of issue. After the employee enters the UAE on the basis of work, the sponsoring company or institution arranges to complete the requirements of medical testing, obtaining an Emirates ID card, and labour card and stamping the work residency permit on his passport. The work residency permit on the employee's passport denotes that his legal presence for work in the country is provided by the company he is employed. After this process, the employee can sponsor his family members and bring them into the country. Per Article 1 of Ministerial Decree No. 766 of 2015, an employee whose employment was terminated because of the expiry of his contract can get a new work permit when he wishes to join new employment. The employee may remain in the UAE on a 6-month job seeker visa to find a new job which will legalize his residency status to work in the country for a longer period. A new work permit is also issued if it is determined that the employer has failed to meet the legal and contractual obligations, including but not limited to failure to pay wages for more than 60 days. A worker may request his contract to be terminated after at least 6 months of employment. A worker whose employer terminated him unfairly is entitled to receive a new work permit without the need to complete six months. [15] [16]

The right of alien residence and work permit is protected by the UAE Federal Law No. 6 of 1973 on the Entry and Residence of aliens. [17] Per UAE law, an employer may not deny an employee on a work visa right to annual leave, regularly paid wage, 45 days maternity leave, right to resign, resign gratuity, and a 30 day grace period to find a new job. An employer is also prohibited by law to confiscate an employee's passport, forcing the employee to pay for his residency visa fees or forcing the employee to work more than 8 hours a day or 45 hours a week without compensation. An employee who wishes to leave needs to complete their legal notice period, which is usually 30 days or less, before leaving their job or risk being banned to work in UAE for up to one year. [18] Alien widows or divorced women whose legal presence in the country was sponsored by their husband's work status are given a 1 year visa to stay in the country without the need for a work permit or a sponsor. [19] As of August 2019, the Federal Authority for Identity and Citizenship issued a new family sponsorship policy that permits UAE residents to sponsor dependents based on their income, not their job titles. [20]

Foreign labor

Skill is a measure of the worker's expertise and other related factors. The United Arab Emirates receive many labors from different nationalities and with different skill levels - from 1975 onwards, non-nationals have consistently outnumbered the number of nationals residing within the Emirates (see Table 1, below). Indian, Bangladeshi, Nepali, Sri Lankan, and Pakistani workers make up 90 percent of the workforce. [21] Population growth in the United Arab Emirates is among the highest in world, mostly due to immigration. In low-skilled and semi-skilled jobs, workers from Asia and the MENA region are employed primarily. In high-skilled sectors are employed experts coming mainly from North America and Europe. [21] As of the end of 2020, the most sought skilled labor are from Real Estate, Accounting and Engineering. [22]

Table 1 - Total Population and Percentage of Nationals and Non-Nationals in the UAE [23]
YearTotal PopulationNationalsNon-Nationals% Nationals% Non-Nationals
1975557,887201,544356,34336.13%63.87%
19801,042,099290,544751,55527.88%72.12%
19851,379,303396,114983,18928.72%71.28%
19952,411,041587,3301,823,71124.36%75.64%
20054,106,427825,4953,280,93220.10%79.90%
20108,264,070947,9977,316,07311.47%88.53%
20169,121,1761,153,5767,967,60012.66%87.35%

Labor reforms

Reforms to abrogate the sponsorship system have been adopted in order to help prevent unfree labour that have emerged from the exploitation of the work visa sponsorship system. In January 2016, a ministerial decree, the first of its kind in Gulf Cooperation Council countries, was issued in order to protect low-paid migrant workers from becoming forced laborers. It has been criticized by the HRW for the lack of details and possibility of non-applicability to domestic workers. [24]

The DCT or Democracy Centre for Transparency released a report in April 2021 citing the discrimination faced by foreign workers and expatriates living in the United Arab Emirates. The conclusion is drawn not only based on the conditions faced by the foreign workers but also drawn on the contrast between the treatment of expatriates and Emirati citizens. The report focuses on the fact that despite the easing of the Kafala system in 2020 as part of labor reforms, some substantial gaps remain in the implementation and enforcement of the legal efforts introduced in exchange by the government. The social hierarchy in combination with the Kafala system and the exclusionary citizenship law has led to the non-UAE nationals facing racialization, discrimination on the basis of gender, wages, and obtaining promotions. [25] [26]

Migrant workers in the UAE were seen working hard in the dangerous hot weather and humidity at the facilities that were being prepared for the COP28 climate conference, on two separate days in September 2023. FairSquare, human rights research and advocacy, obtained proof that more than a dozen migrant workers from Africa and Asia were working outside in temperatures hitting 42C in Dubai, despite a “midday ban”. Experts noted that the leaving migrant workers to work in extreme heat for climate negotiations in unjust. [27]

UAE Domestic Workers Rights Bill

In June 2017, the UAE adopted a new bill to bring the country's labor law into consistency with the International Labour Organization's (ILO) Domestic Workers Convention, providing migrant domestic workers with the same labor protections as other workers in the UAE. [28] The bill requires employers to provide domestic workers with accommodation and food and provides them with 30 days of annual paid leave and daily rest of at least 12 hours. It also guarantee 15 days of paid sick leave, 15 days of unpaid sick leave, and compensation for work-related injuries or illnesses. [28] The bill sets out a weekly rest day but permits the employer to make the domestic worker forgo the rest day if paid. [28]

Human rights

Migrants, mostly of South Asian origin, constitute the majority of the UAE’s workforce [29] and have reportedly been subject to a range of human rights abuses. Workers have sometimes arrived in debt to recruitment agents from home countries and upon arrival were made to sign a new contract in English or Arabic that pays them less than had originally been agreed, although this is illegal under UAE law. [30] Further to this, some categories of workers have had their passports withheld by their employer. This practice, although illegal, is to ensure that workers do not abscond or leave the country on un-permitted trips. [31] Although racial discrimination is prohibited by UAE law, there are some incidents where individuals have been ill-treated on the basis of their nationality or race by employers. [32]

Neha Vora, Assistant Professor of Anthropology at Lafayette College, said the challenges faced by immigrants are not particular to the Gulf region but suggest "broader trends in contemporary global mobility and capitalism.” [42]

Incident of domestic workers abuse

In October 2014, Human Rights Watch estimated that there were 146,000 female migrant domestic workers in the UAE whose work visa was sponsored by employers in the UAE. In an interview with 99 female domestic workers, HRW listed abuses claimed by their interviewees: most had their passports confiscated by their employers; in many cases, wages were not fully paid, overtime (up to 21 hours per day) was required, or food, living conditions or medical treatment was insufficient. 24 had been physically or sexually abused. [43] HRW criticized the UAE government for failing to adequately protect domestic workers from exploitation and abuse and made many recommendations to the UAE, including repeal or amendment of Federal Law No. 6 of 1973 on the Entry and Residence of Foreigners, so that domestic workers can decide on their own to change between employers without losing their immigration status. [43] The UAE introduced Ministerial Decree No. 766 of 2015, which allows a worker to terminate his contract without losing their immigration status if the employer has treated him or her unfairly and be issued a new work permit, or to request the contract to be terminated without losing immigration status and receive a new work permit after at least 6 months of employment provided they have found a new employer. [15]

The act of confiscating passports is illegal and against UAE law. [44]

The Guardian has shared the interviews and documents describing the situation of women who search for job as domestic workers in the UAE. The report revealed that these women are sold to household employers over online applications and social media platforms like Instagram, TikTok and Facebook. The women are marketed in an “exploitative” way, which experts say is similar to slavery. Women domestic workers in the UAE are detained and abused to stay in nasty accommodations. It was also revealed that the domestic workers are paid monthly according to the race, where Black workers are paid less. [45]

COVID-19 pandemic

In 2020, migrant workers in Dubai were left jobless because of the COVID-19 pandemic. With visas expired and no salaries, many had to leave their accommodation and had no place of their own. Consequently, several migrant workers were forced to sleep outside. These workers were dismissed by their employers and also ran out of money to return home. [46]

On 16 November 2020, reports claimed that visas of 80 per cent of Filipino artists in Dubai was cancelled by their employers. [47]

See also

Related Research Articles

<span class="mw-page-title-main">Economy of the United Arab Emirates</span>

The United Arab Emirates is a high-income developing market economy. The UAE's economy is the 4th largest in the Middle East, with a gross domestic product (GDP) of US$415 billion in 2021-2023.

<span class="mw-page-title-main">Foreign worker</span> Person working in a country where they do not have citizenship

Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest workers are often either sent or invited to work outside their home country or have acquired a job before leaving their home country, whereas migrant workers often leave their home country without a specific job in prospect.

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

<span class="mw-page-title-main">Migrant worker</span> Person who migrates to pursue work

A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work.

Human Rights in the UAE are substantially restricted. The UAE does not have democratically elected institutions and citizens don't have the right to change their government or form political parties. Activists and academics who criticize the government are detained and imprisoned, and their families are often harassed by the state security apparatus. There are reports of forced disappearances of foreign nationals and Emirati citizens, who have been abducted, detained and tortured in undisclosed locations, and denied the right to a speedy trial and access to counsel during investigations by the UAE government. Human Rights Watch states that Emirati laws maintain capital punishment and discriminate against women, migrants and LGBT individuals.

<span class="mw-page-title-main">Human rights in Dubai</span>

Human rights in Dubai are based on the Constitution and enacted law, which promise equitable treatment of all people, regardless of race, nationality or social status, per Article 25 of the Constitution of the United Arab Emirates. Despite this, Freedom House has stated: "Extreme forms of self-censorship are widely practiced, particularly regarding issues such as local politics, culture, religion, or any other subject the government deems politically or culturally sensitive. The Dubai Media Free Zone (DMFZ), an area in which foreign media outlets produce print and broadcast material intended for foreign audiences, is the only arena where the press operates with relative freedom."

According to Human Rights Watch, there is substantial discrimination against women in the United Arab Emirates. The status of women has improved over the years. UAE performs better on metrics of gender equality than many other states in the Gulf region, and it has been making reforms to protect women's rights and empower women in different sectors. Critics describe some of these reforms as window dressing.

Filipinos in the United Arab Emirates are migrants or descendants of the Filipinos living in the United Arab Emirates. 679,819 Filipinos live in the UAE, of which 450,000 live in Dubai, and they form 6.1% of the whole UAE population, and they form 21.3% of the population of Dubai. Dubai is home to the largest population of Filipinos in the UAE, followed by Abu Dhabi and Al Ain. In 2007, Filipinos in the UAE sent more than US$500 million in remittances back to the Philippines.

<span class="mw-page-title-main">Bangladeshis in the Middle East</span> People of Bangladeshi birth or origin who reside in the Middle East

Bangladeshis in the Middle East, form the largest part of the worldwide Bangladeshi diaspora. Although Bangladesh only came into existence in 1971, the land of East Bengal which is today Bangladesh has strong ties to the Middle East. Out of the 13 Million Bangladeshis abroad approximately 8 million live within the Middle East, with 2.5 million in Saudi Arabia and a 1 million of them in the United Arab Emirates. Bangladeshis who come to the Middle East are primarily guest workers or day labourers. Bangladesh is one of the largest labour suppliers to Saudi Arabia. In 2007, Bangladeshi workers obtained the biggest share, with 23.50 per cent of the 1.5 million Saudi Arabia visas issued.

The state of human rights in Qatar is a concern for several non-governmental organisations, such as the Human Rights Watch (HRW), which reported in 2012 that hundreds of thousands of mostly South Asian migrant workers in construction in Qatar risk serious exploitation and abuse, sometimes amounting to forced labour. Qatar is an authoritarian and de facto absolute monarchy under the House of Thani. Qatari law also does not permit the establishment of political bodies or trade unions. Awareness of human rights abuses in Qatar grew internationally after Qatar's controversial selection to stage the 2022 FIFA World Cup.

<span class="mw-page-title-main">Labour force of the United Arab Emirates</span>

The labour force of the United Arab Emirates is primarily made up of foreign temporary workers, most of whom come from the Indian subcontinent and other parts of the Arab World and Asia. There is a sizeable number of Westerners, the majority of them being British and Americans.

Qatar is a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travel to Qatar as laborers and domestic servants, but some subsequently face conditions indicative of involuntary servitude. These conditions include threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers have found that the terms of employment in Qatar are wholly different from those they agreed to in their home countries. Individuals employed as domestic servants are particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transit Qatar and are forced to work on farms in Saudi Arabia. Qatar is also a destination for women who migrate and become involved in prostitution, but the extent to which these women are subjected to forced prostitution is unknown. Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. Workers have been forced to work in bad conditions; their salaries are sometimes withheld.

<span class="mw-page-title-main">Kafala system</span> System used to monitor migrant laborers in Arab countries

The kafala system is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf Cooperation Council member states and a few neighboring countries, namely Qatar, Bahrain, Kuwait, Lebanon, Oman, Saudi Arabia and the United Arab Emirates.

<span class="mw-page-title-main">Foreign workers in Saudi Arabia</span> Foreign labour force of Saudi Arabia

Foreign workers in Saudi Arabia, estimated to number about 9 million as of April 2013, began migrating to the country soon after oil was discovered in the late 1930s. Initially, the main influx was composed of Arab and Western technical, professional and administrative personnel, but subsequently substantial numbers came from Southeast Asia.

<span class="mw-page-title-main">Migrant domestic workers in Lebanon</span>

Lebanon has gone through many stages in its absorption of migrant workers, both before and after the Lebanese Civil War. This development has led to multiple problems regarding integration in Lebanese society. The ambiguity of the Kafala system in Lebanon has resulted in migrant domestic workers facing many legal issues and violations to their basic human rights. The government has largely been inactive and ineffective in implementing laws to protect migrant domestic workers but has attempted to manage the situation but to little avail.

Migrant workers in the Gulf Cooperation Council region involves the prevalence of migrant workers in the Kingdom of Bahrain, the State of Kuwait, the Sultanate of Oman, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates (UAE). Together, these six countries form the Gulf Cooperation Council (GCC), established in 1981. The GCC cooperates on issues related to economy and politics, and the subject of migrant workers constitutes a substantial part of the council's collaboration. All of the GCC countries are dependent on migrant labor to bolster and stimulate economic growth and development, as the GCC countries possess an abundance of capital while the domestic labor capacity is low. Although migrant workers in the Persian Gulf region amount to no more than 10% of all migrants worldwide, they constitute a significant part of the populations of their host countries.

<span class="mw-page-title-main">Slavery in Qatar</span>

For most of its history, Qatar practiced slavery until its abolition in 1952. Many members of the Afro-Arabian minority are descendants of the former slaves. Chattel slavery was succeeded by the Kafala system. The kafala system has been abolished in Qatar since December 2016. However, concerns still remain about workers' rights and employers retaining considerable power over workers.

<span class="mw-page-title-main">Treatment of South Asian labourers in the Gulf Cooperation Council region</span> Human rights concern

The treatment of South Asian labourers in the Gulf Cooperation Council (GCC) region is an ongoing issue between members of the South Asian Association for Regional Cooperation (SAARC) nations and the wealthy oil-rich Gulf Cooperation Council. The current large number of migrants from South Asia to the Persian Gulf began in the 1960s, when the oil boom in the Gulf Arab countries resulted in migrant labourers. This further increased with the development of large mega-cities. With the growth of megacities of Dubai, Doha and Riyadh, the need for construction labourers grew. Migrants from Bhutan, Nepal,, Pakistan, India, Sri Lanka, Bangladesh, and Maldives were contracted to develop the mushrooming skyscrapers. Many of these migrants were brought into the GCC under the kafala system, a sponsor-based system used in the GCC, which is seen by many human rights groups as highly exploitative, since their passports are confiscated and they are forced to work in low-level conditions, within cramped living quarters, for a low salary, and sometimes even without their due pay; when exploitation is brought up or exposed by media or the labourers, their employers are rarely punished.

<span class="mw-page-title-main">Slavery in the Trucial States</span>

Slavery existed in the Trucial States (1892–1971), which later formed the United Arab Emirates. The Trucial States consisted of the Sheikdoms Dubai, Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Fujairah, and Ras Al Khaimah. The region was mainly supplied with enslaved people from the Indian Ocean slave trade, but humans were also trafficked to the area from Hejaz, Oman and Persia. Slaves were used in the famous pearl fish industry and later in the oil industry, as well as sex slaves and domestic servants. Many members of the Afro-Arabian minority are descendants of the former slaves.

<span class="mw-page-title-main">Slavery in Bahrain</span>

Open slavery existed in Bahrain until the 1930s. Slavery was formally abolished in Bahrain in 1937. Slavery ended earlier in Bahrain than in any other Gulf state, with the exception of Iran and Iraq. Many members of the Afro-Arabian minority are descendants of the former slaves. Slavery of people from Africa and East Asia was succeeded by the modern Kafala system of poor workers from the same region were slaves had previously been imported.

References

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  2. ↑ UN_MigrantStockTotal_2019
  3. ↑ Essential Background: Overview of human rights issues in United Arab Emirates (UAE), hrw.org, 31 December 2005.
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