A Comparative Analysis of Labor Law: Protecting Workers in France vs The United Arab Emirates

 Since the industrialization of Europe during the 18th and 19th centuries, it has become increasingly clear that workers' rights must be protected to prevent profit-driven incentives from pushing labor to endure increasingly long hours and businesses from engaging in predatory practices. Labor protections over the past centuries have taken various forms, including minimum wages, limited working hours, health insurance, and other now-commonplace provisions. However, this sentiment has not been universally adopted, as illustrated by the contrasting approach of the UAE to labor law compared to France. 

This essay will explore these differences through a comparative analysis of labor laws in the UAE and France as well as highlight any future developments that may occur in the coming years. 

The industrialization of Europe began in the UK in the 18th century with the steel, textiles, and energy industries due to technological advances relating to their efficiency of production (Britannica). This led to rapid demographical changes and urbanization in cities such as Manchester and London. Ultimately, this same changing landscape would make its way to Europe, through some years later due to a number of factors.

In France, industrialization was disrupted by the French Revolution and Napoleonic wars, though these conflicts would pave the way for drastic social change through governmental reform (Loyola University of Chicago). One of the first of these reforms would come in 1841 with the “Loi relative au travail des enfants employees dans les manufactures, usines ou ateliers” a law aimed at protecting children, by regulating hours of work. Children under the age of 8 were prohibited from working, while those between 8-12 years of age were capped at a maximum of 8 hours a day and those between the ages of 12-16 were limited to 12 hours per day (“22 Mars 1841 - Limitation Législative Du Travail Des Enfants - Herodote.net”). Subsequently, in 1906 the maximum working day would be limited to 10 hours per day for all people, and to 35 hours per week in the present time with exceptions for overtime provisions dictated by law (Cross). 

Furthermore, in the 19th century, French labor unions and the right to strike were legalized under the Loi Ollivier (“Napolèon III Tolère de Droit de Grève”).  Nowadays, France grants several labor protections to its people and foreign workers, with no distinction regulating law between the two. As of January first, 2024, the legal minimum wage in France is €11.65 gross per hour (“French Minimum Wage Rises by 1.13 Percent”).  Furthermore, France has a system of universal health care paid for thorugh automatic salary deductions. Those who are unemployed or low-income can apply for free coverage, covered by the state. In 2017, France spent 11.3% of its GDP on healthcare (OECD).  

The French Labor Code (Code du Travail) is the primary source of labor law, and it encompasses a wide range of provisions, including health and safety, hours, breaks, and penalties for withholding of salary. A few of these laws will be used to contrast the labor law of the UAE, as listed below:

Articles L4121-1 to L4121-5 mandate the health or safety of workers through risk assessment, mandatory training, and prevention measures.

Article L3242-1 and the following regulate the frequency and method of payment of wages as well as outline the acceptable instances in which payment can be withhold. 

Articles L3246-1 to L3246-4 outline the payment of damages for non-payment of wages and the penalties faced by employers should they choose to wrongfully withhold wages. These can include large fines and potentially even jail.

In 2022, France received a rating of 92/100 on the Labor Rights Index, an indicator that takes into account the overall rights protection of workers through legislation. This is considered a very strong score and further cement France’s leadership in advancing the conception of fair working conditions. (LRI)

The recent controversies in the United Arab Emirates regarding migrant labor perfectly demonstrate the tension between the competing agendas of labor and businesses. 

According to 2015 International Labour Organization figures, foreign nationals accounted for more than 80 percent of the UAE’s population (Human Rights Watch). The UAE has been criticized for its use of a Kafala system, which “gives private citizens and companies almost total control over migrant workers’ employment and immigration status” (Council on Foreign Relations).  Some have referred to this system as a form of modern slavery, allowing for rampant abuse and exploitation, through the classification of workers as “domestic.” Various allegations and reports have been made to document the brutal conditions of low-income migrant workers in Dubai and Abu Dhabi. One such report claimed that UAE authorities detained, tortured, and deported more than 800 African migrants legally residing within the country (Euro-med Human Rights Monitor). 

“Once employers have trapped their employees in the UAE by confiscating their passports, they have them sign lengthy contracts, which are often in Arabic or English, with little to no assistance with translation. After starting work, employees find themselves having to live in packed accommodations, sometimes with up to 10 people trying to inhabit one room” (Harvard International Review).

The UAE Regulatory Framework Governing Migrant Workers (updated May 2023) distinguishes between private sector and domestic workers, creating a discrepancy in the treatment of each party. The key legislation pertaining to private sector workers is Federal Decree-Law No. 33/2021 Concerning the Regulation of Labour Relations, whereas the key legislation for domestic workers is Federal Law No. 9/2022 on Domestic Workers, executive regulations (Cabinet Resolution No. 106/2022). One key difference between Public Sector and Domestic workers is the provisions made for maximum working hours. For public sector workers, the rule holds that workers are limited to work “eight hours per day, and 48 hours per week. Businesses whose technical nature requires continuation of work through successive shifts or tours are exempt from the maximum working hours and are subject to maximum working hours of 56 hours per week”  (International Labor Organization). On the other hand, “Domestic workers are entitled to at least 12 hours of rest per day, of which at least 8 must be consecutive hours of rest” (International Labor Organization).

 “The UAE’s labor law excluded from its protections domestic workers, who faced a range of abuses, from unpaid wages, confinement to the house, and workdays up to 21 hours to physical and sexual assault by employers. Domestic workers faced legal and practical obstacles to redress. While a 2017 law on domestic workers guarantees some labor rights, it is weaker than the labor law and falls short of international standards” (Human Rights Watch).

While unpaid wages have remained a standing controversy within the UAE for migrant workers, steps have been taken by the government to address this issue.  Ministerial Resolution No. ( 43 ) of 2022 Regarding the Wages Protection System made by His Excellency the Minister of Human Resources and Emiratisation reinforced the importance of paying wages on time (Elhais). It further reiterated the importance of the application of the following legislation and decrees:

• Federal Law No.(1) of 1972 regarding the duties of the Ministers and powers of the Ministers, and its amendments

• Federal Decree-Law No. (33) of 2021 concerning the Regulation of Labor Relations

• Cabinet Resolution No. (1) of 2022 regarding the executive regulations of Federal Decree-Law No. 33 of 2021

• Cabinet Resolution No. (21) of 2020 regarding fees for services provided by the

Ministry of Human Resources and Emiratisation, and any new decisions

• Ministerial Resolution No. (739) of 2016, regarding the Protection of Wages

In doing so, a timeline was created, outlining the regulatory and administrative consequences of employer non-payment of wages. For example, in the case of failure to pay a worker’s wage for more than 3 consecutive months, an electronic notice is issued to the working facility, a ban on the issuance of new work permits remains in place, and prosecution and an administrative fine will be imposed under Cabinet Resolution No. 21 of 2020. Furthermore, an inspection of the facility may take place on the 6-month anniversary of non-payment. 

While legal provisions remain in place in the UAE to prevent workers' abuse, little indicates any meaningful change to the UAE’s approach to comprehensive protection of workers rights and enforcement of the law. Even in 2023, post the drastic 2021 reforms of the labor law framework, sites where COP28 was held in Dubai were linked to documented migrant worker abuses (Human Rights Watch). 

The case of Migrant Labor in the UAE illuminates the consequences that result from disregarding fundamental rights, and employers opting to view labor protections as simply a “privilege”. By subjugating migrant workers to the Kafala system, and designating them as domestic, their systematic suppression and mistreatment have been justified. A nuanced understanding of one's rights within a legal system becomes a necessary precursor for change and discourse on the topic.  By adopting and adapting some of France's practices, such as the enforcement of labor rights, the inclusion of both foreign and domestic workers under labor law protections, and the establishment of a more transparent and supportive system, the UAE could make significant strides towards safeguarding workers' rights, demonstrating a commitment to fair and humane working conditions in a globalized economy.

Sevastian Oti

---

The contents of the article represent solely the ideas and opinions of the author and in no way the opinions of Bocconi University or the IUS@B association.

Works Cited

“22 Mars 1841 - Limitation Législative Du Travail Des Enfants - Herodote.net.” Www.herodote.net, www.herodote.net/almanach-ID-555.php. Accessed 19 Mar. 2024.

Cross, Gary S. “The Quest for Leisure: Reassessing the Eight-Hour Day in France.” Journal of Social History, vol. 18, no. 2, 1984, pp. 195–216, www.jstor.org/stable/3787284. Accessed 19 Mar. 2024.

Elhais, Hassan Elhais-Dr Hassan. “Raft of Penalties to Be Applied to UAE Companies Who Pay Wages Late.” Lexology, 28 Feb. 2022, www.lexology.com/library/detail.aspx?g=3ed2c080-5de9-4a94-bf29-dc83505ea0d8. Accessed 31 Mar. 2024.

“French Minimum Wage Rises by 1.13 Percent.” Www.natlawreview.com, www.natlawreview.com/article/france-minimum-wage-increased#google_vignette. Accessed 31 Mar. 2024.

“Heat Map 2020.” WageIndicator Subsite Collection, labourrightsindex.org/.

Human Rights Watch. “United Arab Emirates: Events of 2021.” Human Rights Watch, 13 Jan. 2022, www.hrw.org/world-report/2022/country-chapters/united-arab-emirates#:~:text=Foreign%20nationals%20accounted%20for%20more. Accessed 19 Mar. 2024.

KadıoÄŸlu, Uluç. “Taken Hostage in the UAE.” Harvard International Review, 29 July 2022, hir.harvard.edu/taken-hostage-in-the-uae/.

Loyola University of Chicago. The Industrial Revolution and Its Impact on European Society: CH 20. webpages.cs.luc.edu/~dennis/106/106-Bkgr/20-Industrial-Rev.pdf.

Monitor, Euro-Med Human Rights. ““They Told Us They Hated Black Africans”: UAE Authorities Detain, Torture, and Deport over 800 Migrants.” Euro-Med Human Rights Monitor, euromedmonitor.org/en/article/4600/%E2%80%9CThey-told-us-they-hated-black-Africans%E2%80%9D:-UAE-authorities-detain.

“Napoléon III Tolère de Droit de Grève.” Le Monde.fr, 23 May 2014, www.lemonde.fr/emploi/article/2014/05/23/napoleon-iii-tolere-de-droit-de-greve_4424384_1698637.html. Accessed 19 Mar. 2024.

OECD. “Health Expenditure - OECD.” Www.oecd.org, 2022, www.oecd.org/health/health-expenditure.htm.

“Questions and Answers: Migrant Worker Abuses in the UAE and COP28 | Human Rights Watch.” Human Rights Watch, 3 Dec. 2023, www.hrw.org/news/2023/12/03/questions-and-answers-migrant-worker-abuses-uae-and-cop28.

“United Arab Emirates: Regulatory Framework Governing Migrant Workers.” Www.ilo.org, 14 Dec. 2023, www.ilo.org/beirut/projects/fairway/WCMS_776529/lang--en/index.htm. Accessed 19 Mar. 2024.

“What Is the Kafala System?” Council on Foreign Relations, www.cfr.org/backgrounder/what-kafala-system#:~:text=The%20kafala%2C%20or%20sponsorship%2C%20system.

Zeidan, Adam. “Industrial Revolution.” Encyclopedia Britannica, 21 July 2021, www.britannica.com/event/Industrial-Revolution.

Gouv.fr, 2021, www.legifrance.gouv.fr/codes/id/LEGISCTA000006178066.