Graphic by Megan Eloise/The Gazelle
The UAE is introducing new labor laws through three royal decrees that will take effect from Jan. 1, 2016. The laws aim to protect the rights of millions of migrant workers who represent the majority of the UAE’s labor force.
The new laws will require all migrant workers to sign employment offers which, upon their arrival to the UAE, turn into legal contracts. These contracts must be registered with the Ministry of Labor, and no party will be allowed to change their terms except in cases of providing additional benefits to the worker.
Standard contracts can be terminated by either the worker or the employer, allowing workers to then switch jobs. Practices such as collecting passports from a migrant worker while their contract is in effect will be banned.
Discussions with members of the NYU Abu Dhabi community revealed cautious optimism for the potential impact of the new laws. While the changes have been widely applauded, some worry that the Ministry of Labor may not have enough resources to supervise the vast number of recruiting organizations, which are spread across the UAE and the globe.
The UAE’s Ministry of Labor has about
500 labor inspectors responsible for ensuring that companies comply with labor laws. It remains to be seen how the UAE will enforce these laws on overseas labor recruiters who sometimes carry out unlawful actions outside UAE jurisdiction, such as the collection of recruitment fees or the strong-arming of workers into accepting out-of-contract conditions.
Senior Clara Bicalho welcomes the changes but believes their success is contingent on thorough enforcement.
“The new reform enhances the Ministry of Labor’s control of employment terms for non-nationals. But it also means that effectively preventing contract substitutions ― as is the case for ensuring compliance with all aspects of the labor law ― places a greater burden on the Ministry's appointed labor inspectors," she wrote to The Gazelle.
Correia also highlighted the influence that these changes may have on the transnational dimension of the migrant network.
“I think it’s also worth considering the effect that this reform might have on the country of origin. If aspiring migrants are legally required to sign a standard employment offer prior to obtaining their work visas, that would seem to decrease the risk of illegitimate labor recruitment practices in the sending countries," she added.
Many members of the NYUAD community have taken a keen interest in these new laws. The university’s stated goal is to ensure its workers’ rights are protected according to both local law and the institution’s
Statement of Labor Values.
Since 2015, NYUAD has strengthened its Labor Compliance Working Group with a collaboration between NYUAD’s own Compliance Department and Tamkeen, a subsidiary of the Executive Affairs Authority.
NYUAD has also
appointed an independent labor monitor, Impactt Limited, to monitor compliance requirements to existing subcontractors working on the campus.
Workers who are employed at NYUAD and who had paid recruitment fees to work on the project must have them fully reimbursed.
In an environment where careful self-monitoring is required to ensure that every worker is protected under existing laws and institutional regulations, NYUAD hopes to set an example for ethical labor use and effective monitoring.
Henry Jiang is contributing writer. Connor Pearce ie news editor. Email them at feedback@thegazelle.org.