Job offers based on nationality amount to racial discrimination

Employers commit racial discrimination when they offer jobs on the basis of race, nationality or any personal attributes, a senior labour official said.

"Companies must not seek workers of certain nationalities and jobs must be offered on the basis of qualifications and experience," the source said.

He was commenting on advertisements published in local newspapers seeking workers of certain nationalities.

"Mentioning the nationality of a worker required to fill in a vacancy breaks the Labour Law, because it implies racial discrimination.

"Companies should be impartial and objective in selecting workers. It is unfair for employers to treat people more or less advantageously because of their nationalities or other personal attributes, provided they have the skills, knowledge and ability required to do the job and conform to the rules which govern the employment relationship," the source said.

However, the Labour Law is subject to criticism for having a certain aspect of discrimination.

Under the law, work shall be an inherent right of UAE nationals. If national employees are not available, preference in employment shall be given to Arab workers and then to workers of other nationalities.

This clause contradicts International Labour Organisation's (ILO) conventions, which recognise the right of everyone to the opportunity to gain his living by work, which he freely chooses or accepts, according to human rights activists. Dr Mohammad Abdullah Al Rokn, a senior manager of the International Union of Advocates, said an employer commits racial discrimination when making job decisions on the basis of race or nationality.

"UAE constitution provides for equality before the law without regard to race, nationality, or social status. It prohibits discrimination in every aspect of the employment relationship, including hiring, firing, promotions, job training or any other employment term," Dr Al Rokn, also a human rights activist, said.

Mohammad Ebrahim Al Shaiba, a Dubai-based legal consultant, said the clause in the Labour Law that treats workers more advantageously on the basis of their nationality is unconstitutional and breaks international labour rules.

"Any worker who feels he was discriminated against by companies seeking workers of certain nationality can sue these companies," Al Shaiba said.

Dr Naeem Al Zunfuli, a human resource expert, said equal opportunities should be given to qualified job seekers of all nationalities.

"Every worker should also have the right to regular opportunities for promotions and career advancement.

"All human beings are born free and equal in dignity and rights. According to the UN International Convention on Racial Discrimination. So all UAE national and migrant workers, regardless of race, ethnic origin or belief, have equal rights and duties, and everyone is entitled to protection against discrimination."

According to Dr Zunfuli, the government should set out plans to help ensure equality of treatment for everyone, regardless of race, ethnic origin and similar grounds of discrimination.

Many workers contacted by Gulf News said they were frustrated by the fact that companies are openly breaking the law.

"We are now seeing advertisements boldly seeking recruitment of workers of certain nationalities. Previously, the illegal practice was disguised by seeking US-educated or UK-educated employees," Majid Abdullah, an engineer said.

S. Kumar, an Indian accountant, said he cannot understand why employees are discriminated against because of their passports. "What does a passport have to do with skills and qualifications required for a certain job?" he asked.

The guidelines

Mentioning the nationality of a worker required to fill in a vacancy breaks the Labour Law, because it implies racial discrimination.

It is unfair for employers to treat people more or less advantageously because of their nationalities or other personal attributes, provided they have the skills, knowledge and ability required to do the job and conform to the rules which govern the employment relationship.

The UAE constitution provides for equality before the law without regard to race, nationality, or social status. It prohibits discrimination in every aspect of the employment relationship, including hiring, firing, promotions, job training or any other employment term.