Labour Law in the UAE - Effects of Discrimination in Private Sector between Locals and Expatriates - Case Study Example

Labour law in the UAE – effects of discrimination in private sector between locals and expatriates Name Institution Date Labour law in the UAE – effects of discrimination in private sector between locals and expatriates Introduction Discrimination in the work place has shifted from the traditional racism and segregation to the more commonly prevalent egalitarianism while previously hierarchical and bureaucratic organizational structures give way to a globalised workplace of adaptable governance and movements across borders (Green, 2003). The author further argues that discrimination has taken a fluid process of social interaction, evaluation, perception and disbursement of opportunity, creeping into the daily impressions of worth and assignment of merit at the workplace. Discrimination, therefore, continues to exist in many forms across the world, including the UAE. The UAE, and all the other GCC countries, has witnessed an increase in the influx of foreign workers over the last few decades. As Naithani & Jha (2010) point out, a greater percentage of private sector workers in the region are expatriates. According to Sonmez et al (2011) migrant workers comprise almost 90 percent of the workforce in UAE. In recent years, however, the UAE government has been keen on regulating this number particularly in the public sector. But to support the rapidly growing economy, the country still greatly relies of foreign labour while it strives to create regulations that will favour the local population in the job market. The expatriates, however, do not find it easy getting employment in UAE due to the demands laid out in the labour law of UAE. For any expatriates to get employed in the country, they must apply to the Ministry (UAE labour law, 2014). The application must then be approved by the Ministry before the foreigner enters UAE. New businesses must also ensure that they register or open a file with the Ministry before any employee is employed by the business. The UAE labour law does not provide for any anti-discrimination protections for its employees. However, there exist provisions that favour UAE nationals contained within the labour law and the different ministerial decisions. UAE nationals enjoy greater priority to work in UAE than any other foreign workers. Expatriates may only be employed in the private sector if they get approval from the labour department and only if they have a residence visa and labour or ID card. The foreigners are also required to possess professional competence and minimum educational qualification as determined by the state. When these conditions have been met, the foreigners may only be employed if no other UAE national is able to take up the position. Further discrimination against non-Arab applicants is the fact that they will only be considered if no other persons from other Arab countries can be found to fill the position (Emirates diary, 2014). Investigation of literature material reveals very little information on the nature of discrimination in the private sector in the UAE. More scarce is information about the effect of such discrimination in the UAE economy. This study seeks to investigate this subject in the context of UAE and find the specific consequences that result from. the UAE labour law and regulations depict obvious discrimination against foreign workers whose expertise and knowledge are needed by the growing economy. Western expatriates working in UAE, just like those from other parts of the world, have adjusted to life in the country through engagements in cross-cultural training, support experiences and social ties despite the significant differences in their cultural practices (Harrison & Michailova, 2012). Indians also form a significant part of the expatriates in the UAE with the country experiencing up to three major waves of migration of workers to the GCC (Banu & Amit, 2013). About 2 million Indian expatriates currently work in UAE, but as Banu & Amit, (2013) reveal, they are employed on contract or temporary basis and cannot buy property or settle down. Sonmez et al (2011) further says foreign workers’ striking health disparities and systematic violations of human rights are common in UAE and the other GCC countries. Toit & Jackson (2014) point out that few studies have been carried out on expatriates in the UAE. Literature materials do not reveal any findings to show the effect of discrimination between locals and expatriates in the country. This presents a gap of information that could be vital in findings news ways of engaging expatriates for UAE to greatly benefit from the extensive wealth of expertise and knowledge that could be provided by the expatriates. This study seeks to investigate these effects and recommend better ways through which these professional could be engaged. The main objectives of the study therefore, will include: i. To determine of the extent of discrimination between locals and expatriates within the UAE private sector ii. To investigate of the effect of this discrimination on the motivation, commitment and performance of the expatriates in their work iii. To reveal the various forms of discrimination among expatriates working in the UAE private sector The study will be carried out by using well structured questionnaires that will be sent out to labour law experts, private sector employers and expatriates working within UAE. The questionnaires will greatly help in administering the same questions to the different respondents, and guide the study to remain within the objectives already specified. The questionnaires will be specifically structured to ensure logical sequencing and extensive study so that substantive conclusions can be drawn from the study (Bird, 2009; Akbayrak, 2000). Subsequent sections of the paper will detail the research organization of the study, the contents of the questionnaires as well as the collection and analysis of the information. As will be seen in the findings, several factors within the UAE private sector actually contribute to the discrimination of the expatriates and these translate to serious concerns for the performance of these professionals. The paper is also keen in outlining critical factors for consideration in the efforts to create conducive working environment for the foreign workers in the UAE. The study and the subsequent information analysis will seek to verify whether or not expatriates are seriously affected by the acts of discrimination in the private sector. References Naithani P. & Jha A.N. (2010). Challenges Faced by Expatriate Workers in Gulf Cooperation Council Countries. International Journal of Business and Management. Vol. 5, No. 1, pp. 98 – 103 Banu M. & Amit M. (2013). Dynamics of Expatriation Process – A case of Indian Expatriation to UAE. Global Journal of Management and Business Studies. Vol. 3, No. 6, pp. 581 - 588 UAE Labour Law. (2014). UAE Labour Law. Retrieved on 20th September 2014 from Akbayrak B. (2000). A comparison of two data collecting methods: interviews and questionnaires. Hacettepe Üniversitesi Eğitim Fakültesi Dergisi. Vol. 18, pp. 1 - 10 Bird D.K. (2009). The use of questionnaires for acquiring information on public perception of natural hazards and risk mitigation – a review of current knowledge and practice. Nat. Hazards Earth Syst. Sci. Vol. 9, pp. 1307–1325 Emirates diary. (2014). Feel discriminated at work? How to overcome this? Retrieved on 20th September 2014 from Green T.K. (2003). Discrimination in Workplace Dynamics: Towards a Structured Account of Disparate Treatment Theory. Harvard Civil Rights-Civil Liberties Law Review. Vol. 38, pp. 92 – 157 Harrison E.C. & Michailova S. (2012). Working in the Middle East: Western female expatriates’ experiences in the United Arab Emirates. The International Journal of Human Resource Management. Vol. 23, No. 4, pp. 625 - 644 Toit L. & Jackson L. (2014). Personality and Work Success among Expatriate Educational Leaders in the United Arab Emirates. Middle Eastern & African journal of Educational Research. No 7, pp. 58 - 73 Sonmez S., Apostolopoulos Y., Tran D. & Rentrope S. (2011). Human Rights and health Disparities for Migrant Workers in the UAE. Journal of Health and Human Rights: An International journal. Vol. 13, No. 2, pp. 1-19 Read More