GULF LABOR LAWS

  • THE GULF COOPERATION COUNCIL (GCC)
  • Council includes Saudi Arabia, Bahrain, Qatar, Kuwait, Oman, and UAE.[1]
  • International Labor Organization Conventions
  • Convention 97- Requires ratifying States to put migrants lawfully within their territory on the same footing as their own nationals in applying a wide range of laws and regulations relating to their working life, without discrimination on the grounds of nationality, race, religion, or sex.[2]
  • Convention 143- States must respect the basic human rights of all migrant workers. They must prevent clandestine migration for employment and stop manpower trafficking activities. States must declare and pursue a policy to secure equality of treatment in respect of matters such as employment and occupation, social security, and trade union and cultural rights.[3]

GULF ARAB COUNTRIES LABOR LAWS

  • SAUDI ARABIA
  • Member of ILO
  • More than 5 million expatriate workers[4]
  • Expatriates make up 84% of the total workforce.[5]
  • Saudi Arabia has the fifth highest concentration of Expatriate Asian workers with 59.3%.[6]
  • Country Reports on Human Rights Practices- 2003

Section 6 Worker Rights

a. The Right of Association

  • The Government prohibited the establishment of labor unions; however, since 2001 the Government has permitted the establishment of labor committees for citizens in local companies, including factories, having more than 100 employees. The aim is to facilitate communication between employees and employers and the improvement of work standards in the workplace. The labor committees consist of 3 to 9 members who would serve 3-year terms. The committee members are chosen by the workers and approved by the Ministry. The committee may make recommendations to company management to improve work conditions, increase productivity, improve health and safety, and recommend training programs. The Ministry of Labor and Social Affairs may send a representative to attend committee meetings. A committee must provide a written report of its meetings to company management, which also will be transmitted to the Ministry. The Ministry may dissolve a labor committee if it violates regulations or threatens public security. No committees existed by year's end. Foreign workers may not serve on the committee; however, committee regulations provide that the committee should represent their views.

b. The Right to Organize and Bargain Collectively

  • The Law does not provide for collective bargaining. Collective bargaining was prohibited. Foreign workers comprised approximately two-thirds of the work force. There was no minimum wage; wages were set by employers and varied according to the type of work performed and the nationality of the worker (see Section 5).
  • KUWAIT
  • 2.35 million expatriates living in Kuwait[7]
  • Expatriates make up 84.8% of total work force.[8]
  • Kuwait has the fourth highest concentration of Expatriate Asian workers with 65.4%.[9]
  • Member of the International Labour Organization[10]
  • All expatriates must refer to the Kuwait Labour Law and the Ministry of Social Affairs and Labour to solve disputes.[11]
  • OMAN
  • Member of the International Labour
  • 559,000 Expatriates living in Oman
  • Expatriates make up 81.5% of total workforce.[12]
  • Oman has the highest concentration of Expatriate Asian workers, 92.4%.[13]
  • Provisions under a 2003 Labor Law permit workers to form a representational committee that could take care of their interests, represent them in local and international conferences and defend their fights under the law.[14]
  • As of 2003 Workers Strikes are allowed.[15]
  • BAHRAIN
  • 152,705 Expatriate employees living in Bahrain as of 2005[16]
  • Bahrain has the third highest concentration of Asian expatriate workers with 88.4%.[17]
  • Has a Free Trade Agreement with the United States.[18]
  • In 2002 passed a law allowing for labor unions. Under the new law both domestic and foreign workers are allowed to form and join trade unions.[19]
  • As of 2002, there were about 40 private sector unions representing 10,700 workers and 6 public sector unions representing about 6000 civil servants. [20]
  • Is a member of the International Labor Organization
  • Pledged the effective enforcement of domestic labor laws that provide internationally recognized worker’ rights.[21]
  • QATAR
  • Estimated that Qatar will need 586,000 foreign workers between the years 2004-2015.[22]
  • Expatriates make up 84.8% of total workforce.[23]
  • Qatar has the sixth largest concentration of Expatriate Asian workers with 45.6%. [24]
  • Labor Unions are not allowed in Qatar.[25]
  • In May 2004, Qatar passed a new labor law which allows Qatari workers the right to strike, to form worker’s committees and to join international labor organizations with ministerial approval. Strikes are forbidden in vital industries including oil and gas, water and power, transport, communications and hospitals. Under the new law, all workers have the right to conduct collective negotiations over all work-related issues through the formation of joint committees with employers. Where workers’ committees exist, they will represent the interest of all employees; in other cases, provided there are 30 or more employees, they may directly elect representatives.
  • UAE (Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharajah, Umm Al Quwain)
  • 4.5 Million Expatriate workers[26]
  • Expatriates make up 90% of the total workforce of the UAE.[27]
  • UAE has the second highest concentration of Asian workers with 87.1%.[28]
  • UAE Labour Law is loosely based off of the International Labor Organizations’ model.[29]
  • Trade Unions do not exist. In case of an employee dispute or an interpretation of the Labour Law, the Ministry of Labour and Social Affairs will initially act as an adjudicator in an effort to resolve matters. Strikes and lock outs are forbidden.[30]
  • UAE has not signed the International Covenant on Civil and Political Rights, The International Covenant on Economic, Social, and Cultural Rights, the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families[31]
  • Article 25 of the Constitution of the United Arab Emirates states that, “All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status.”

PROTESTS

  • UAE
  • 9/25/05- 6000 foreign laborers protest in Dubai after 5 months without pay. In response to the protest the government declared that the employer of the protesters was prohibited from hiring more foreign workers for the next 6 months and had to pay unspecified fines.[32]
  • 3/27/06- 3000 foreign workers protest in Dubai because of a lack of rights.[33]
  • 10/30/07- Hundreds of Asian laborers working in Dubai have been deported after thousands staged strikes over poor wages and working conditions.[34]
  • 11/5/07- 40,000 Asian workers protest in Dubai over minimum wage.[35]
  • BAHRAIN
  • Expatriates make up 79% of total work force[36]
  • 2/10/08- 1300 foreign workers protest wages and living conditions. Majority of protesters were Indian.[37]
  • 2/28/08- Bahrain will immediately deport foreign workers who go on strike and the employer will be issued new visas to replace the visas of those deported. Bahrain also has no plans to introduce a minimum wage policy for its overseas workers.[38]
  • QATAR
  • 1/29/05- 600 foreign construction workers, half of them Indian, in Qatar observed a work strike in the first official strike since the beginning of enforcement of the new Qatari constitution in June 2004 which approved the right to strike. The workers claimed that their salaries were not paid and their living conditions had deteriorated.[39]

FACTS AND MISCELLANEOUS INFO

  • Foreign workers make up 13 million of 37% of the 35 million population in the Muslim states included in the GCC
  • The largest percentage of emigrant workforce is found in the private sector.[40]
  • Expatriate workers in the GCC pay no income or consumption taxes.[41]
  • Expatriate workers are hired on limited duration work assignments based on a sponsorship system. This system facilitates their hiring and dismissal by the company that brings them into the country on a work contract.[42]
  • Visa sponsors and employers of foreign workers in the Gulf have been known to confiscate passports and residency permits to restrict freedom of movement or the ability to report abuse. [43]
  • Unionizing is forbidden in some countries and employers typically hold two months of pay from employees to ensure they do not flee.[44]

NEWS ON GULF LABOR

  • 2007- The UAE’s largest contractor, Arabtec Construction, agreed to raise wages by 20% to halt a strike and get the workers back on site.
  • 2/11/08- Saudi Arabia’s labor minister supports a residency limit on the millions of foreign workers in the Gulf to prevent them from gaining a political voice in the region.[45]
  • 2/11/08- Bahrain supports a six year residency gap for foreign workers.[46]
  • 4/18/08- Qatar is set to ease regulations of its exit permit system for foreign workers which will make it illegal for sponsors to retain the passports of their foreign workers.[47]

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