Does your university as a body recognize unions & labor rights (freedom of association & collective bargaining) for all, including women & international staff?

Policy Title:	5.b Employment Policy (EMP)
Policy Number:	FS-PO-5B	Date Created:	30-04-2006
Responsible:	Director of Human Resource & Admin	Approved by:	Board of Trustees

Purpose

The purpose of this policy is to provide standard guidelines and procedures for hiring new employee at CUD.

Scope

This policy applies to all the new hirings at CUD.

Policy Statement

Equal Employment Opportunity

It is the policy of Canadian University Dubai to provide equal employment opportunity to all persons regardless of age, colour, national origin, citizenship status, physical or mental disability, race, religion, creed, gender, sex, sexual orientation, gender identity and/or expression, marital status, status with regard to public assistance, status as a disabled or any other characteristic.

The appointment, development, and retention of competent Employees are essential to Canadian University Dubai. The university strives to appoint Employees who:

• Possess the necessary degree (s) from a fully accredited institution. The degree must include at least 18 hours in the subject area in which the faculty member will teach (official transcripts are required to be on file);
  • Dedicated, active professionals in their field;
  • Able to submit documentation required by government regulations that establish identity and citizenship;
  • Obtained Ministry clearance after selection;
  • Committed to the vision, mission and Core Values of the University.

Establishing the Need

Employee vacancies will arise from the identification of the vacancy in the headcount plan or through the replacement of employees who have left.  Request for employees should be made through the requisition process detailing the needed information.

The Dean sets the requirements for the faculty position regarding:

• Academic Rank/ teaching experience and the discipline or specialization.
  • Area of Research Interest, Recent Research publications, scholarly activity, and supervision of   Theses/dissertation 
  • Time frame of staffing process
  • Expected start date of successful candidate

This information needs to be correctly authorized in accordance with the authority limits. All vacancies in terms of the headcount plan need a final approval by the Director of Human Resources. Once the post has been authorized, the staffing process begins.

Recruitment

• All standard recruitment activities shall be within the approved workforce plan. Any recruitment for non-budgeted positions will require special approval from the President.
  • The University shall adopt fair and consistent methods of recruitment and selection so as to select the most suitable candidate to meet the requirements of the job.
  • Dean/department head will be the hiring manager for the position/s to be recruited for as well as establish the selection committee.
  • The selection committee will comprise of the Dean (Hiring manager), Department Head, Representative of Human Resources Department Representative of relevant Faculty/Department, Representative from outside the Faculty, if required
  • No candidate shall be employed without first being interviewed by a selection committee. The committee shall, at a minimum, contain the line manager for the area plus one other.
  • Where the candidate is asked to travel to the University from within or outside the country, appropriate costs will be borne by the University after the submission and recommendation of Human Resources Director to be approved by the President. This measure is not applicable during COVID-19 Pandemic.
  • The minimum recruitment age will be eighteen (18) years.
  • Employment of candidates over age of sixty five (65) requires the approval of the President. For Jobs requiring hiring of employees less than eighteen (18) years of age or above sixty five (65), the Human Resources Department and line manager will review these case by case and decide on the approvals in conjunction with President.
  • The birth date established for the employee at the time of his employment will be as indicated by his duly authenticated birth certificate, passport, or nationality card.

Recruitment of Part-time faculty

• Part-time faculty is recruited by the Dean who will propose to the Vice President of Academic Affairs for formal appointment to be approved by the President. Part-time faculty cannot exceed 25% of the faculty as per requirements of the CAA and are appointed per term. Based on Faculty needs and the performance evaluation outcome, part-time faculty may be re-appointed for a consecutive term. Reappointment letters are handed over to part-time faculty member prior to the beginning of the new semester.
  • The determination of the necessity for and authorization of recruitment must come from the VPA.
  • Normal Hiring procedures will be followed with the recruitment of part-time faculty.

Advertising

• The Hiring manager will submit a recruitment requisition to Human Resources to verify the necessary details regarding the requirements for the job and the terms and conditions.
• The Human Resource Department places advertisements for the positions in standard international sources and collects and screens the CV’s before forwarding to the Department Heads/Dean.

Short-listing Candidates

• Applications for the post will be reviewed by the Selection committee, who will draw up a short-list for the Hiring Manager’s approval.
• The selection of the shortlist will be guided by the requirements of the job and the candidates’ qualifications, taking into account factors such as education, research,  training, experience, skills, competencies and other characteristics as required by the Faculty/department.
• Those candidates who are not successful at this stage will be sent a standard rejection letter.
• Candidates short-listed for interview will receive an invitation to an Virtual E-Learning interview together with a job description and information regarding the University.

Selection Process

The Selection committee will interview all shortlisted candidates

• A candidate must satisfactorily establish his ability to meet the requirements outlined in the job description of the designated job.
• Salary and Benefits details should not be discussed by the selection committee and questions related to these areas should be referred to HR.
• Selection committees should indicate their top candidates in order of preference, approved by the Dean/department head and submitted to the VPAA for endorsement before submitting to HR for final approval by the President and hiring.
• All unsuccessful candidates will be rejected and be informed in writing.

Conflicts of Interest in Staffing

• Conflicts of interest occur when a member of the selection committee is in a position to influence recruitment processes where there might be personal gain and/or personal relation or have an interest in the outcome (separate from their professional role). Whenever possible, those with potential conflicts should remove themselves from involvement in the decision
• The first and most important line of defense against conflicts of interest must be from the university selection committee members. The university, therefore, requires the University faculty, staff and selection committees to disclose their intention to recommend candidates for available vacancies within the university that might lead to a conflict of interest and if he/she wishes to introduce a potential candidate (e.g. close relatives, friends, ex-colleagues) for an interview.
• Depending on the consensus of the selection committee, the member involved may or may not be required to attend the recruitment process for the candidate that he/she has introduced. In the event that potential conflicts cannot be resolved at this level, they should be referred to the higher authority within the University. This authority will forward a recommendation to the Hiring manager for final resolution.
• It is acknowledged that Employees of the University and the selection committee sometimes refer or recommend suitable candidates for the University for Existing Vacancies. All candidates whether known or unknown to any member of the University and the committee must follow the recruitment process along with all other candidates.
• The University relies on the transparency, good judgment, disclosure, professional integrity and moral ethics of the university Employee and recruitment team/hiring committee members to protect themselves and the university from conflicts of interest.
• All members of the selection committee should have the fulfillment of the university recruitment process in a professional manner as their key responsibility and interest.

Reference and Background Checks

• For those candidates recommended for approval the new Employee be required to submit testimonials and credentials to the Human Resources Department, including:
  • Qualifications: Original authenticated certificates must be available on arrival in the UAE. 
  • Attested Transcripts of Master and Ph.D.
  • Experience testimonials
  • Attested marriage certificate if any
  • Attested Children’s birth certificates if applicable
  • Coloured passport copy
  • Passport size photos
  • References: Written references from previous employer/s will be required. Three references are preferred with at least two being from current or former employers
• All testimonials and certificates should be translated in Arabic and duly attested by the Ministry of Foreign Affairs and the UAE Embassy in the country where the document was issued. 
• As per the circular issued by the Ministry of Education – Higher Education Affairs in 2009, all new Employees must go through the process of Ministry Clearance before they join.
• Ministry clearance must be obtained and no candidate shall be employed without reference checks being completed.
• Faculty member credentials are to be verified by the appropriate Faculty.
• Costs of attesting credentials and documents and mailing it to CUD shall be incurred by the employee.

Offer of Employment

• Assuming reference checks are positive, HR will issue an offer letter to the preferred candidate.
• All offer letters are signed by the VPA & President and must be supported by relevant Departmental budgets.
• It should be understood by all employees and applicants that employment offers are not a contract of employment, and that the selection process may be terminated at any time by either party with written notice.
• In the event an applicant declines an employment offer, the Human Resources Directorate shall notify the concerned Directorate/ Faculty head immediately upon receiving such notice and proceed with the next candidate as per the order of preference or take such action necessary to identify another qualified candidate.
• It is the responsibility of the hiring department to advise HR immediately of any changes to the new hire’s start date.

Re-Hiring

• A former employee may be re-hired follow the normal recruitment process provided that he/she has a satisfactory record and a vacancy is available inside the University.

Employment of Immediate Relatives

• While the University does not encourage employment of relatives/next of kin of existing employees, it is recognized that this may occur when there is no apparent conflict of interest from a personal or business relationship standpoint. In no circumstance shall an employee report indirectly or directly to a relative. New hires are required to identify any potential conflict of interest during the recruitment process.
• Relatives of present employees are given equal consideration with other qualified candidates for employment.

Employment Contracts

• It is the University’s intention to provide competitive and attractive terms and conditions of employment for all Employees with the objective of attracting and retaining competent employees.
  • In return, the University expects its employees to respect the employment contract and abide by the terms laid down therein.  Failure to do so could result in the termination of that contract.
  • Upon recruitment, new employees will sign an employment contract prepared by Human Resources stating his/her position, remuneration and the applicable terms and conditions. The employment agreements will be signed by the President.
  • All employment agreements shall be subject to U.A.E. legislation and the policies and procedures as per his/her respective handbook as approved by the Board.
  • Employment contracts will present all terms and conditions clearly and will not be open to misrepresentation or misinterpretation. The employee will receive the contract prior to commencement, the University having received signed acceptance of the contract prior to making a visa application on behalf of the new employee.

Medical Examination

• The employee will undergo a complete medical examination upon arrival in the UAE in accordance with the laws in the UAE. Employment is contingent upon successfully passing the medical examination. In some cases a medical exam or medical certificates will be required for health or life Insurance eligibility.

Induction and Orientation of New Employees

• All new employees will be welcomed and oriented, through a comprehensive induction program. The employee will receive a welcome pack that includes job-related and UAE-related information sources, forms to fill for HR records, and courtesy CUD material.
  • The objective of the induction is to provide new employees with information necessary to assist them with the integration to CUD and the country.
  • Induction and orientation programs for new employees are conducted by the Human Resources Department in collaboration with other departments and respective managers in the University.
  • The induction program will be divided into
    • General University induction by the Human Resources Department. 
    • Faculty/Department induction
    • Academic Orientation
  • The purpose of Induction and Orientation is to:
    • Ensure that the employee understands CUD mission
    • Explain CUD annual goal setting and review process
    • Discuss expectations and related policies
    • Help the new employee to fully integrate into CUD culture
    • Answer any questions the new employee may have.

Probationary Period

• All new employees will be subject to a probation period from their first working day at University, to a maximum of six months at the end of which, employment will be confirmed if the employee’s performance is satisfactory.
• During the probationary period the Dean/ Department Head monitors the progress and experience of the new employee. The Dean/department head must also meet with the employee on a regular basis to discuss performance.  Performance concerns will be made in writing to the employee. New faculty members have access to the course files, which contain course syllabi, class handouts, case studies, and copies of previous exams prepared by other faculty who have previously taught the course. New faculty is also encouraged to work with other faculty teaching the course on an on-going basis to ensure that the initial teaching experience is as effective as possible. The Dean/ Department Heads monitors the progress and experience of the new faculty.
• An official probation evaluation will be completed at the end of the probation period. Evaluation of faculty on probation is conducted by the Dean of the academic Faculty in conjunction with the Vice President of Academic Affairs using input from the Department Head and IRP Dean to obtain feedback on the performance of new faculty in the classroom.
• The probation evaluation elements:
  • Three months review – At the end of first three months, the faculty member meets the Dean for an informal discussion on progress on Performance.
  • Six month review –
• One month before the end of the probationary period the faculty member submit a self-evaluation on Core Values and Behavioral Competencies
• The Department Head/Dean will collect supplemental evaluation outcomes from:
  • Course files
  • Instructional Quality peer review
• The faculty member then meets with the Dean for an evaluation conference, which provides an opportunity to discuss the faculty member’s performance, professional contributions and areas for continuous improvement as perceived by both the faculty member and the dean.
• The probation evaluation are signed to conclude the conference and sent to the VPAA and HR for confirmation. If the faculty member does not sign the evaluation, the dean will forward it to the VPAA with a notation of this conclusion.
• Depending on the result of assessment, it may be decided to:
  • Confirm the faculty employment or
  • Terminate the contract with one week’s notice
• During the probation period, either party may terminate the contract by giving two (1) weeks prior notice (except for serious offences requiring summary dismissal)
• An employee who resigns during the probationary period shall not normally be entitled to any end of service or repatriation benefits.
• At any time during the probationary period, if the employee’s work or attitude is deemed unsatisfactory, the employee’s supervisor will refer the case to the Faculty/Department head for termination action. Termination actions will be reviewed by the VPAA and approved by the President.

Employment Confirmation and Renewal of Contract

• Employment Confirmation

Upon successful completion of probation and depending on the results of the probation evaluation, Virtual E-Learning teaching certificates, the faculty member is confirmed in his/her position unless otherwise notified – in writing by Human Resources.

• Contract Renewal and Salary Increases
• Modification and/or renewal of contracts shall be carried out through, “Amendment of Contract or Contract Renewal Letter” through mutual agreement between CUD and employee prior to implementation.
• Salary reviews may be conducted upon contract renewal. Performance reviews will be evaluated and taken into account for salary adjustments as recommended for approval of the President CUD.
• Contract renewal should occur before the notice period specified in the contract lapses. Notice period as specified in the contract is required from the employee and university for non-contract renewals.

Hiring of Consultants

• Primary Reasons for Appointment of Consultants
  • Absence of required expertise in-house;
  • The need for high quality services;
  • The need for economy and efficiency;
  • The need to have qualified Consultants for providing the specific services;
  • To provide specialized services for limited periods without any obligation of permanent employment
  • To benefit from superior knowledge, transfer of skills and upgrading of a knowledge base while executing and assignment
  • To provide independent advise on the most suitable approaches, methodologies and solutions of projects

• Employment Contract or Agreement
  • All job appointments shall be by means of a written contract or agreement, between the University and Consultant concerned

• Terms and Conditions

Written contracts or agreements shall, as a minimum, contain the following:

• Defined deliverables
• The mechanism allowing for the frequent monitoring of progress in terms of the agreed objectives;
• The period of employment
• The notice period required by either side to terminate the contract
• The rates agreed upon
• The frequency of payments; and
• The method of payment
• Confidentiality clause
• Protection of Intellectual property rights

• Types of Contracts
  • Lump Sum (Firm Fixed Price) Contract:

Lump sum consultancy contracts are used mainly for assignments in which the content and the duration of the services and the required output of the consultants are clearly defined. They are widely used for simple planning and feasibility studies, environmental studies, Program/course design, preparation of data processing systems, and so forth. Payments are linked to outputs (deliverables), such as reports, drawings, bills of quantities, bidding documents, and software programs.

• Time-Based Contract:

This type of contract is appropriate when it is difficult to define the scope and the length of services, either because the services are related to activities by others for which the completion period may vary, or because the input of the consultants required to attain the objectives of the assignment is difficult to assess. This type of contract is widely used for advisory services, etc. Payments are based on agreed hourly, daily, weekly, or monthly rates for staff (who are normally named in the contract). The rates for staff are based on the salary scales of CUD for the level of the position related to the service to determine the Day/week/month rate. Time-based contracts need to be closely monitored to ensure that the assignment is progressing satisfactorily and that payments claimed by the consultants are appropriate.

• Retainer and/or Contingency (Success) Fee Contract:

Retainer and contingency fee contracts are widely used for banks or legal firms. The remuneration of the consultant includes a retainer fee to ensure availability of “on call” specialized services as required.

• Percentage Contract:

Percentage contracts directly relate the fees paid to the consultant to the estimated or actual project cost, or the cost of the goods/service procured. Percentage net profit share in the project need to be clearly defined in the agreement with the method of calculation.

Collective Bargaining Rights of Employees in the UAE

The hosting of the 2022 football World Cup in Qatarhas led to considerable media and political attention on the rights of employees in that country and the surrounding region [Qatar’s World Cup ‘slaves’]. Here we focus on the position in one neighbouring country, the UAE, and in particular on employees’ rights to take collective action.

UAE Federal Law No. 8 of 1980, as amended, (the Labour Law) is the principal piece of legislation governing the relationship between employers and employees [U.A.E. Labour Law, Federal Law No. (8) of 1980 – Labour Law and its amendments]. Its provisions apply to both UAE nationals and migrant employees. The Labour Law clearly outlines employee rights and covers all aspects one would expect in such a law, including hours of work, annual leave, termination rights, sanctions and the handling of disputes.

Specifically highlighted in the Labour Law (under Article 112) is the criminal nature of strikes. In the past, workers have been temporarily suspended from work without pay, as permitted by the Labour Law, or even deported for taking strike action. In 2011, 71 Bangladeshi construction workers were arrested by police and deported for instigating a week-long strike of around 5000 workers at the Arabtec construction company [UAE deports 71 Bangladeshi workers]

Further, the Labour Law does not recognise the right of workers to organise and form trade unions. However, whilst such unions are not permitted, disputes between employer and employee can be referred to the Ministry of Labour and Social Affairs which endeavours to resolve matters by taking on the role of adjudicator. Our experience has been that the Ministry does protect workers’ right which are enshrined in the Labour Law.

UAE ministers have always denied any accusations of poor treatment of (mainly foreign) labourers [UAE plans to form labour unions, legalise collective bargaining] and in 2006, the UAE labour minister Ali al-Kaabi announced that a new law was being drafted to allow labourers to form unions [UAE to allow construction unions]. However, the formation of labour unions still remains illegal. According to news agency Al Jazeera, supporters of Dubai’s economic model believe that a lack of collective bargaining rights is good for workers, as it leads to more growth and job creation. Supporters say that “part of the reason why countries such as France are in the economic doldrums…is because the labour market is overly regulated and employees spend more time protesting than actually working” [Striking Dubai workers face mass deportation].

Last year, a two-day strike by thousands of construction workers over pay concluded with most of those involved returning to work and, as no damage to property was caused during the strike, no salary deductions were made made[1]. The Ministry of Labour sent a team to discuss the dispute with both the workers and representatives of the employer; there was some police involvement too. This seems to indicate a change in the way matters are being handled since the aforementioned 2011 strike where a somewhat harder line was taken.

The Dubai International Financial Centre (DIFC) is a freezone in Dubai. It is unique amongst UAE freezones in that it has is its own legal system and laws, including labour laws [Employment Law, DIFC Law No. 4 of 2005]. There is no equivalent ban on striking under the DIFC’s laws. Arguably though, such a ban might be considered unnecessary since employees of companies operating within the DIFC tend to be well remunerated and in receipt of favourable employment packages.

The UAE and other Gulf countries continue to be the subject of criticism from human rights groups in respect of their labour laws which they argue fail to adequately protect employees [Human Rights Watch, World Report 2013, United Arab Emirates]. Any development of employee rights in these areas is likely to continue to be of interest to those doing business in the UAE.

Human Rights Policy for Faculty and Staff

Policy Aim

Under the UAE Code, protected grounds are race, color, descent, place of origin, indigenous identity, religion, marital status, familial status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, political beliefs, and unrelated criminal convictions. The Policy’s function is to defend the human rights of all employees and staff members.

Policy Statement

It is the policy of Canadian University Dubai to develop, implement and distribute policies, procedures, guidelines, and work rules for staff at all levels; and monitor its application and compliance through models, communication and training by management in the following areas:

Workforce planning and employment.

Training and professional development.

Benefits and compensation administration.

Labor and employee relations.

Risk management.

Effective use of information systems.

The Department of Human Resources at CUD will establish, maintain and disseminate additional policies, procedures and/or guidelines to carry out this Policy.

Workforce planning and employment

Job analysis

Is the process of gathering and analyzing information about the content and the human requirements of jobs, as well as, the context in which jobs are performed this process is used to determine placement of jobs Under CUD Values the decision-making in this area is shared by units and Human Resources specific internal approval processes will be determined by the unit’s organizational leadership.

Training and Professional Development

Canadian University Dubai shall encourage employee participation in sponsored professional development activities and programs that address the unique needs of employees to achieve individual career and organizational goals.

Benefits and compensation administration

The University strives to provide base compensation for exempt and non-exempt staff that is externally competitive with the relevant market and internally aligned with market reference ranges of individuals who have similar responsibilities, demonstrated competencies and experience. The University will utilize variable compensation (incentive plans and recognition awards) as appropriate to further support the achievement of the University’s goals and core values while considering the competitive market for positions.

Labor and employee relations

Canadian University Dubai shall analyze, develop, implement, and evaluate the workplace relationships and working conditions that balance University and employee needs and rights in support of the University’s strategic goals, objectives, and values.

Canadian University Dubai shall provide employees with information pertaining to the University’s work rules, employment practices, performance and conduct expectations; benefits and compensation administration; and relevant administrative procedures.

Canadian University Dubai shall facilitate the negotiation and administration of collective bargaining agreements.

Risk Management

Canadian University Dubai shall promote a respectful, safe, secure, and healthy workplace environment by deploying risk management strategies, sponsoring wellness activities, and complying with applicable federal, state, and local laws. Additionally, the University shall minimize risk and liability by implementing a record retention policy, business continuity, disaster recovery plans and other policies and practices to support this effort.

Information Systems

Canadian University Dubai shall determine and implement the strategic application of existing and available integrated technical tools, systems, and business machines to increase the efficiency of human resources management functions, automate processes, and produce and evaluate metrics and measurements for decision support.

Canadian University Dubai Staff Gender Equality Policy

Purpose

The policy’s primary purpose is to establish a clear vision of gender equality and guide the advancement towards it at the University. The present document outlines the scope and application of the gender equality policy and its key policy areas. The policy is coherent with the University’s regulations and policies. However, it highlights the goal of gender equality and equal opportunities.

Scope and application

The policy shall enter into force on May 2022. As such, a budget envelope is dedicated to its implementation as of this date. The Gender Equality Committee will analyse the policy every three years. Its review requires the approval and the validation of the Rector and the Board of Trustees.

Staff composition

Gender equality promotes the optimal use of talents allowing the Canadian University Dubai to remain innovative. We are committed to removing any discriminatory barrier in recruitment, retention, and career opportunities. Promoting gender equality involves gender-proofing recruitment, retention, and promotion procedures to improve the gender balance of our staff. Job application writing is de-biased and linguistically formulated in a gender-sensitive way; furthermore, quantifiable indicators of curricula consider parental and family-related leave periods. We address gender imbalances in decision-making processes.          

Workplace Climate

CUD have a strong commitment to zero tolerance of harassment, mobbing, or any form of discrimination in any of our activities. The University fosters a professional environment defined by equal opportunity and fair treatment for all staff members. CUD provide the needed infrastructure, procedures, and network of conciliators to solve any episode of conflict. All aspects of the code of conduct apply.

 

CUD Staff Syndicate

The university respects the rights of employees, members of the university staff, in this sense, staff members make up the union of university employees which are the voice of all CUD employees, speak with the board and presidents of the university seeking to improve more and more and in turn the union represents the other employees. The president is in charge of going as a representative to the meetings, in case he is absent for some reason, the vice president replaces him

To develop the CUD Human Rights Policy for Faculty and Staff and Staff Gender Equality Policy, the university relied on the labor laws of the UAE. CUD supports government laws and promotes them at the university to improve the working lives of its employees.

 

UAE Protecting Labor Rights

The advancement and protection of the rights of workers is a national priority. The UAE is considered a major recipient of foreign labor due to the country’s open policies and tolerant and cosmopolitan community. According to the World Bank, foreign workers in the UAE sent back home more than USD 29 billion in 2014 – almost all of which went to developing countries – making the UAE the third-largest source of remittances in the world. This income then benefits workers’ families and home country economies.

In furtherance of its commitment to upholding labor rights, the UAE has ratified nine major International Labour Organization conventions related to the rights of workers and has adopted numerous laws to protect workers’ rights, including in the areas of recruitment, pay, housing, and health. The UAE has also signed numerous Memoranda of Understanding with workers’ home countries, designed to promote cooperation in protecting the rights of workers in the UAE.

Domestically, the UAE is continuously working to strengthen worker protections. In 2017, the UAE implemented broad measures in support of overseas domestic workers (Federal Law No. 10 of 2017), guaranteeing individuals the right to retain personal documents and passports, change employers with greater ease, and receive mandated paid leave, insurance, and accommodation. The reforms focus on improving the transparency of job terms and employment contracts and spell out how contracts can be terminated.

Under these policies, prospective workers are asked to sign a standard employment offer in their home country that will in turn be filed with the Ministry of Labor before a work permit is issued. That agreement is then registered as a legal contract once the worker arrives in the country, and no changes will be allowed unless they extend additional benefits to which the worker agrees. Either side can terminate the contract, after which the worker will be free to change employers.

Furthermore, charging recruitment fees to prospective employees is illegal in the UAE, and steps have been taken to protect workers from unscrupulous recruiters. The confiscation of workers’ passports is prohibited, and workers do not need their employer’s permission to leave the country. All workers must be provided with comprehensive health insurance at the cost of the employer, and strict rules govern the provision of proper accommodation. More than 3.2 million workers are paid through the Wage Protection System, an electronic transfer system that guarantees the timely and full payment of agreed-upon wages.

Should any worker have a conflict with their employer, the law also provides free-of-charge, formal adjudication by the Ministry of Human Resources and Emiratization. A 24-hour toll-free hotline allows workers to file complaints. The UAE has established offices in courts to provide legal support to workers in labor disputes, and labor care units have been established across the UAE to provide protection for workers and raise awareness of their rights.

Enforcement of protections for workers has intensified, and substantial penalties have been imposed for violations relating to working conditions and workers’ rights.

Safeguarding domestic workers

In service of domestic workers, Federal Law No. 10 of 2017 also ensures that workers are aware of the contract terms prior to departure from their home country and includes key entitlements and provisions, such as weekly rest and 30 days of paid annual leave. In addition, the law strictly regulates the work of recruitment agencies in order to avoid any form of abuse such as payment of commission in exchange for employment. Moreover, the law sets out essential prohibitions, such as the ban of employment of minors, and includes anti-discrimination clauses.

The Ministry of Human Resources and Emiratisation has also licensed 37 centers under the name “Tawjeeh.” The centers inform workers of their rights and responsibilities and provide education on the UAE’s culture and customs.

The Ministry of Human Resources and Emiratisation has also established 39 service centers across the country. These centers, called “Tadbeer,” offer trainings designed to raise domestic workers’ awareness of their rights and responsibilities and provide them with copies of their employment contracts [4].

Section 2(d) – Freedom of association

Provision

Everyone has the following fundamental freedoms:

• freedom of association.
• Similar provisions.

Similar provisions may be found in the following Canadian laws and international instruments binding on Canada: section 1(e) of the Canadian Bill of Rights; article 22 of the International Covenant on Civil and Political Rights; Article 8 of the International Covenant on Economic Social and Cultural Rights; articles 1-11 of the International Labour Organization Convention No. 87 – Freedom of Association and Protection of the Right to Organize; article 22 of the American Declaration of the Rights and Duties of Man; and Article 45(c) of the Charter of the Organization of American States.

See also the following international, regional and comparative law instruments that are not legally binding on Canada but include similar provisions: article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; and article 16 of the American Convention on Human Rights. While freedom of association is not explicitly set out in the Constitution of the United States of America, it has long been held to be implicit in the First Amendment’s protection of freedom of speech, assembly and petition. With respect to collective bargaining, see International Labour Organization Convention No. 98 concerning the application of the principles of the right to organise and to bargain collectively.

Purpose

Freedom of association is intended to recognize the profoundly social nature of human endeavours and to protect the individual from state-enforced isolation in the pursuit of their ends (Mounted Police Association of Ontario v. Canada, 2015 SCC 1 (“MPAO”) at paragraph 54). It protects the collective action of individuals in pursuit of their common goals (Lavigne v. Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 at 253). It functions to protect individuals against more powerful entities, thus empowering vulnerable groups and helping them work to right imbalances in society (MPAO, supra, at paragraph 58). It allows the achievement of individual potential through interpersonal relationships and collective action (Dunmore v. Ontario (Attorney General), [2001] 3 S.C.R. 1016 at paragraph 17).

Analysis

Scope of freedom of association

General

The Supreme Court of Canada’s approach to freedom of association has undergone significant revision, starting with Dunmore v. Ontario, [2001] 3 S.C.R. 1016 and Health Services and Support-Facilities Subsector Bargaining Assn. v. British Columbia, [2007] 2 S.C.R. 391 (“Health Services”). Caution should therefore be exercised in relying on case law which predates this jurisprudence. This applies particularly to pre-2001 decisions in the labour relations context on the “freedom to associate” (as opposed to the freedom from compelled association) – most of which have been overturned (e.g., the so-called “Labour Trilogy” (Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 S.C.R. 313; P.S.A.C. v. Canada, [1987] 1 S.C.R. 424; R.W.D.S.U. v. Saskatchewan, [1987] 1 S.C.R. 460) as well as Professional Institute of the Public Service of Canada v. Northwest Territories, [1990] 2 S.C.R. 367 and Delisle v. Canada, [1999] 2 S.C.R. 989). However, it also applies to decisions outside the labour relations context, such as Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157 (“C.E.M.A.”), at paragraphs 105, 111, where the Court had held that only the “associational aspect” of an activity and not the activity itself are protected under section 2(d). In MPAO, supra, at paragraph 41, the Court described C.E.M.A. as applying a “narrow” view of freedom of association.

Freedom of association protects three classes of activities: (1) the “constitutive” right to join with others and form associations; (2) the “derivative” right to join with others in the pursuit of other constitutional rights; and (3) the “purposive” right to join with others to meet on more equal terms the power and strength of other groups or entities. Under the constitutive right, the state is prohibited from interfering with individuals meeting or forming associations, but is permitted to interfere with the activities pursued by an association. The derivative right protects associations’ activities that specifically relate to other constitutional freedoms, but does not protect other activities of the association. The purposive right protects associations’ activities, including collective bargaining and striking, that enable individuals who are vulnerable and ineffective to meet on more equal terms the power and strength of those with whom their interests interact or conflict (MPAO, supra, paragraphs 52-54, 66).

Freedom of association is not merely a bundle of individual rights but collective rights which inhere in associations (MPAO, paragraph 62). Section 2(d) does not just protect activities which are capable of performance by individuals, as there are certain collective activities (e.g., singing in harmony) which are inconceivable at the individual level (Dunmore, supra at paragraphs 16-17; Health Services, supra at paragraphs 27-28).

Section 2(d) does not protect an association’s activities that are aimed at enhancing social imbalances. Associational activity that constitutes violence is also not protected by section 2(d) (MPAO, supra, at paragraph 59).

Freedom from compelled association

Section 2(d) encompasses what has been called a “negative aspect”, a “freedom not to associate” or a “freedom from compelled (or ‘forced’) association”. However, section 2(d) is not a constitutional right to isolation. It does not protect against all forms of involuntary association, and was not intended to protect against association with others that is a necessary and inevitable part of membership in a modern democratic community (Bernard v. Canada, [2014] 1 S.C.R. 227 at paragraph 38). Some forms of association are an unavoidable aspect of life (e.g., family, work, association with the government and its programs and policies). Compelled association in the form of legal obligations arising from these unavoidable types of associations does not in and of itself offend section 2(d) (Lavigne, supra at 320-21; R. v. Advance Cutting & Coring Ltd., [2001] 3 S.C.R. 209 (“Advance Cutting”), at paragraphs 19, 194, 223, 232) [4].

The Court has thus determined that there is a threshold issue in determining whether there is an infringement of the freedom from compelled association. Courts must consider whether it is appropriate for the legislature to require persons with similar interests in a particular area to become part of a single group to foster those interests (for example, to require employees in a particular workplace to pay dues to a union). In other words, one must first be satisfied that the compelled combining of efforts towards a common end is required to further the collective social welfare. Where such a combining of efforts is required, and where the government is acting with respect to individuals whose association is already “compelled by the facts of life”, the individual’s freedom of association will not be limited unless there is a danger to a specific liberty interest (described below). This approach only applies, however, so long as the association is acting in furtherance of the cause which justified its creation (Lavigne, supra at 328-29; Advance Cutting, supra at paragraphs 196, 285) [4].

Forced association threatens an identified liberty interest when there is: imposition of a form of ideological conformity on the claimant; (Advance Cutting, supra at paragraphs 19, 195, 196, 220; Lavigne, supra at pages 328-29); government establishment of, or support for, particular political causes; impairment of individual freedom to join or associate with causes of his or her choosing; and personal identification of an individual with causes which he or she does not support (Lavigne, supra at pages 328-29).

Under inclusive government action / positive government obligation

As the Charter applies only to governmental actors and actions (section 32), legislatures are normally not required to legislate in respect of private interference with freedom of association. However, in exceptional circumstances, legislation designed to foster freedom of association may exclude categories of individuals — for example, as in Dunmore, the exclusion of agricultural workers from a labour relations statute. Such “underinclusive” legislation may thus affirmatively permit private actors (e.g., agricultural employers) to interfere with associational activity and thereby substantially orchestrate, encourage or sustain this private violation of freedom of association. In considering whether underinclusion limits freedom of association, the Court in Dunmore set out three considerations: (1) the claim of underinclusion should be grounded in fundamental Charter freedoms rather than in access to a particular statutory regime; (2) claimants must establish, based on a proper evidentiary foundation, that exclusion from a statutory regime permits a substantial interference with the exercise of protected associational activity (the claimant must be seeking more than a particular channel for exercising his or her fundamental freedoms); and (3) there must be a minimum degree of state action (in other words, it must be shown that the state can truly be held accountable for any inability to exercise a fundamental freedom) (Dunmore, supra at paragraphs 22-26). This does not mean that there is a constitutional right to protective legislation per se. On their own, the above principles do not oblige the state to act where it has not already legislated in respect of a certain area. (Dunmore, supra at paragraphs 22-26, 29; Health Services, supra at paragraph 34) [4].

It is unclear whether the three-part Dunmore test remains good law. It has not been applied by the Court since Baier v. Alberta, [2007] 2 S.C.R. 673 (a freedom of expression case). The Court explicitly declined to apply it in Ontario v. Criminal Lawyers’ Association, [2010] 1 SCR 815 at paragraph 31, another freedom of expression case. Despite the apparently exceptional nature of section 2(d) being used to impose positive obligations on government, the Supreme Court in Ontario v. Fraser, [2011] 2 SCR 3, found that workers who are “incapable of exercising their right to collective bargaining” have a “right against the state” when it fails “to impose statutory obligations on employers” (paragraph 73). The Court does not even mention the Dunmore test.