Al Ain University’s Policy on Outsourced Worker Rights

Equal Rights for Third-Party Staff

Al Ain University (AAU) in the UAE has established policies to ensure that any outsourced workers (employees of third-party service contractors) enjoy the same rights and protections as the university’s own staff. According to AAU’s documentation, the policy “covers all the outsourced staff of AAU” and stipulates that under the guidance of the Ministry of Human Resources and Emiratisation (MOHRE) and UAE labor law, outsourced personnel are granted the same standards and entitlements as AAU employees aau.ac.ae. In practice, this means that contract workers at AAU must receive equivalent treatment in terms of their working conditions, wages and payment schedule, leave/vacation time, and health insurance coverage aau.ac.ae. AAU explicitly aligns its outsourcing practices with national labor regulations to guarantee these basic rights for all workers, including expatriate (immigrant) staff aau.ac.ae. In other words, the university’s hiring and procurement process requires that third-party service providers uphold all the labor rights that AAU would provide to its direct employees.

Employment Policy Equivalent Rights-Outsourced Staff

Human Resource Unit

https://aau.ac.ae/en/units/hru/unit-staff

Vision

To serve AAU by providing, retaining and developing qualified, diverse & highly motivated staff.

Mission

The mission of the Human Resources Unit is to develop, practice and facilitate the processes which create an environment where the entire staff can make a vital contribution to achieve the AAU’s mission.

Goals and Objectives

In Alignment with AAU Goals, following are HR Unit’s Goals and Objectives.

• To make AAU an “Employer of Choice” through continuous image improvement by providing best HR services.
• To cultivate the culture of trust and welfare; where employees are fully engaged as efficient individuals to AAU and social community.
• To motivate existing staff by inspiring long-term commitment, career development in order to achieve and sustain higher retention rate.
• To ensure the compliance of HR policies with (MOHRE) employment laws in order to make AAU a workplace that has all the necessary support for productive relationships.

Staff

Al Ain University has a staff in the human resources unit that allows guaranteeing all employees, allowing them to guarantee their labour rights within the university, the professional staff of the unit is shown below:

Al Ain University, aligned with the government policies of the Ministry of Human Resources and Emiratisation, submits all outsourced staff hiring, to the same standards to which the employees of the plant within the university are subjected, respecting labour rights and fair payment. to each of the companies in order to reduce the salary and economic gap between people. the following can be seen the policy implemented within Al Ain University. 

Table 1. Employment Policy Equivalent Rights-Outsourced Staff Al Ain University. 

Fair Wages and Safe Working Conditions

AAU’s outsourcing policy mandates fair compensation and safe, healthy working conditions for third-party workers. The university requires that outsourced staff be paid on time (and at fair rates) just as directly hired employees are aau.ac.ae. Working hours and rest periods for contracted workers must also adhere to UAE labor laws, ensuring they are not overworked beyond legal limits. Additionally, outsourced employees are entitled to the same annual vacations and days off as comparable AAU staff, preventing any disparities in rest and leave benefits aau.ac.ae. By holding service providers to these standards, AAU upholds decent work principles and prevents exploitation such as excessive hours or sub-minimum wages. This focus on equal working conditions extends to workplace safety and health; contractors are expected to provide a safe and healthy work environment for their employees, in line with the university’s own occupational health and safety policies. Notably, the UAE has adopted numerous laws to protect workers’ welfare – covering fair recruitment practices, proper payment of wages, acceptable living conditions (housing), and health requirements – and AAU’s policies reflect compliance with these protections uae-embassy.org.

Labor Rights in the UAE

Non-Discrimination and Legal Protections

Protection against discrimination is a key aspect of worker rights that AAU guarantees for outsourced personnel. UAE labor law prohibits forced labour and discrimination on the basis of gender, race, religion, national origin, or disability u.ae. AAU’s adherence to these laws means third-party workers must be treated with the same respect and equality as any university employee. The university’s policy framework (developed under MOHRE guidelines) ensures there is no tolerance for discriminatory practices by its contractors. Likewise, any form of forced or coerced labor is strictly banned under UAE law u.ae, and AAU’s contracts with service providers are expected to comply, thereby protecting outsourced staff from abuse or exploitation. Moreover, AAU explicitly acknowledges the rights of immigrant (expatriate) workers under UAE law, reinforcing that foreign contract workers are equally protected by labor regulations and the university’s standards aau.ac.ae. This encompasses respect for cultural and religious diversity and adherence to the UAE’s worker welfare rules (for example, it is illegal for employers to confiscate workers’ passports or to deny them any legal entitlements uae-embassy.org). In summary, outsourced employees at AAU are shielded by the same anti-discrimination and anti-exploitation safeguards that cover the university’s direct staff.

Protection of workers’ rights

The UAE issued a guide titled ‘Know Your Rights’ to educate the labourers about their rights and obligations. The guide communicates seven key messages to workers from foreign countries. The messages are:

1.You are expected to sign your employment contract after arriving in the UAE.

2.The costs of the recruitment and travel, as well as the expenses for obtaining your residency permit in the UAE shall be borne by the employer with whom you have agreed to conclude a contract.

3. The terms and provisions of your employment contract must be consistent with the job offer you have signed in your country.

You are expected to:

4. maintain a copy of the job offer you have signed

5. contact Ministry of Human Resources and Emiratisation (MoHRE) promptly, if the employer did not provide you with the agreed-upon job opportunity, or in case you did not receive your salary in full and on time

6. maintain your identification documents in a secure place.

7. You are entitled to leave your job at any time. However, you shall be fully aware of your legal obligations.

Rights of the immigrant workers

https://u.ae/en/about-the-uae/human-rights-in-the-uae/workers-rights

The UAE has re-evaluated every aspect of working in the country from recruitment to housing, ensuring that all immigrant workers are treated respectfully and able to report instances of mistreatment easily. Charging recruitment fees to prospective employees is illegal in the UAE. The confiscation of workers' passports is prohibited, and workers do not require their employer's permission to leave the country. Other reforms for immigrant workers include:

• implementing a new standard employment contract which is mandatory to finalise the employment procedures for workers coming from outside and those residing in the UAE.
• ratifying nine conventions of International Labour Organization's related to the rights of workers
• setting out new regulations that enable workers to move freely between employers
• holding awareness campaigns to inform workers about their rights and duties
• enforcing the wages protection system to ensure employees are paid in full and on time
• introducing a new insurance system to protect the benefits and rights of the private sector employees and domestic helpers
• banning the employment of children below the age of 15
• introducing a new domestic law which establishes the principle of informed consent, ensuring that workers are aware of the terms of the contract, nature of work, the workplace, the remuneration and the period of daily and weekly rest
• holding Abu Dhabi Dialogue (ADD) and working closely with countries where the labour originate from to tackle specific challenges that face the labour migrants in the Asia-Gulf migration corridors
• proposing six specific commitments for adoption within the Global Compact for Migration. These include:

• implementation of recruitment practices that are compliant with international standards
• access for all migrant workers to information on their rights and obligations prior to departure and post arrival
• ensuring safe and decent work conditions for all migrant workers, and specifically for domestic workers.

UAE efforts to enhance work conditions

The UAE made enormous efforts to enhance the work conditions for all employees and create job opportunities. Some of these efforts are:

• In 2015, the UAE government injected AED 300 billion to foster a knowledge economy, driven by innovation to prepare the UAE for a world after oil
• It developed several strategies to diversify its national income based on a sustainable economy and to increase work opportunities
• The UAE adopted Emiratisation programmes which mandate the inclusion of Emiratis in the job sector, particularly in the private sector.

UAE Protecting Labour Rights

https://www.mofaic.gov.ae/en/The-Ministry/The-Foreign-Policy/Labor-and-work-rights

To develop the CUD Policy for guaranteeing equivalent rights of employees in outsourcing activities to third parties, Human Rights Policy for Faculty and Staff and Staff Gender Equality Policy, the university relied on the labour laws of the UAE. CUD supports government laws and promotes them at the university to improve the working lives of its employees.

The advancement and protection of the rights of workers is a national priority. The UAE is considered a major recipient of foreign labour 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 labour 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 Labour 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 labour disputes, and labour 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.

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).

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).

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).

Underinclusive 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).

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.

Labour law implications of outsourcing in the United Arab Emirates  

https://www.globalworkplaceinsider.com/2013/08/labour-law-implications-of-outsourcing-in-the-united-arab-emirates/

This article was written by partner Dino Wilkinson and legal consultant Salma Peacock.

Outsourcing is a practice used by organisations to reduce costs by transferring portions of work or business functions to third party providers rather than providing the service in-house.

This transfer of portions of work or internal business functions to external suppliers has significant implications for employees of the company that is undertaking the outsourcing.

In some jurisdictions around the world, there are regulations that safeguard employees’ rights in this type of scenario. If the outsourcing is deemed to be a transfer of a business unit, employees in Europemay benefit from an automatic right of transfer, protection from dismissal and a right to consultation. UAE Federal Law No.8 of 1980 as amended (the Labour Law) includes some continuity of employment provisions in the event of any change in the form or legal status of the employer, but in the case of a transfer of business there is no automatic employee transfer regime under UAE legislation.

Accordingly, when considering an outsourcing arrangement in the UAE, a slightly different approach needs to be taken to transfers of staff than international organisations may be used to and there are a number of other complexities that arise through the application of local labour laws:

• As there is no automatic transfer provision, the contracts of employment for staff who are transferring will need to be terminated by the original employing party. The Labour Law imposes a minimum 30-day notice period unless an employment contract is terminated for cause, although the parties can agree longer. An employee may also become entitled to various categories of compensation upon termination, including payments in lieu of unused holiday, repatriation expenses and an end of service gratuity (ESG). The ESG is a variable amount based, among other things, on length of service, but it could amount to a figure of up to two years’ basic salary.
• A further complicating factor in relation to the termination and re-hiring of an employee in the UAE is the legal requirement for expatriate workers to hold an appropriate work permit and residence visa. Each transferring individual will need to apply for a new work permit and new residence visa upon changing employment.  With regard to the application for a new residence visa, if the entry requirements for that person’s country have changed since the person was issued with original entry approval, he/she may be unable to secure a new visa and would not be permitted to take up a position with the service provider in the UAE.
• Emiratization is an issue covered in more detail elsewhere in this blog: Emiratization what foreign businesses in the UAE need to know: in essence, it is a government-backed scheme to encourage the employment of UAE nationals in the private sector. In some cases, this takes the form of a quota or minimum commitment in relation to the number of nationals in a company’s workforce. Some companies have explored the extent to which outsourcing can help reduce the perceived burden of Emiratization, for example, by reducing the employed workforce and, consequently, the number of nationals that an organization is required to employ (the Emirati population is relatively small and some skills are in strong demand). To our knowledge, this approach has not been tested in the UAE courts to date and should be approached with caution.

The financial and business implications of these labour law issues must all be considered prior to entering into an outsourcing arrangement in the UAE. A company seeking to take advantage of the cost savings or other benefits that outsourcing can bring must ensure that those benefits are not eroded by unforeseen liabilities.

Grievance Mechanisms and Oversight

AAU’s commitment to outsourced workers’ welfare includes ensuring they have access to grievance mechanisms if their rights are not upheld. While outsourced staff are employed by third-party vendors, AAU’s policies place accountability on those contractors to uphold fair labor practices and to address any employee complaints. In compliance with UAE labor regulations, all workers – including those indirectly employed – have the right to file complaints with the authorities (MOHRE) for issues such as unpaid wages or unsafe conditions. The UAE’s labor framework provides official grievance and dispute resolution mechanisms for workers, and AAU aligns with these by insisting that its contractors abide by all such requirements aau.ac.ae aau.ac.ae. By leveraging the national labor complaint system, outsourced workers can seek redress through MOHRE or labor courts just as direct AAU employees would. Internally, the university also emphasizes ethical conduct and monitors vendor compliance; any contractor failing to meet AAU’s standards for worker treatment would risk contractual penalties or losing the university’s business. This oversight helps ensure that outsourced personnel have practical recourse and that their rights (e.g. timely pay or a safe work environment) are effectively protected in practice.

Ethical Procurement and Responsible Contracting

Al Ain University’s policy of demanding equal rights for outsourced workers reflects a broader commitment to ethical procurement and social responsibility in outsourcing. The university is committed to integrating sustainability and ethics into its procurement processes, meaning it carefully vets and selects third-party service providers that demonstrate respect for labor rights and compliance with UAE employment laws. This approach aligns with responsible contracting principles – AAU expects its contractors to follow moral and legal standards in employment (fair wages, reasonable working hours, non-discrimination, etc.), mirroring the university’s own human resources policies aau.ac.ae aau.ac.ae. By requiring contractors to uphold worker welfare provisions, AAU not only complies with national regulations but also supports the United Nations Sustainable Development Goal 8 (Decent Work and Economic Growth) in its operations aau.ac.ae. In sum, any outsourcing agreements at AAU come with explicit clauses or understandings that the service provider’s employees will enjoy the same fundamental protections as AAU’s direct employees – from fair pay and safe conditions to equal opportunity and a means to voice grievances. These measures ensure that outsourcing does not become a loophole to undermine labor standards, but rather that AAU’s values of fairness and equity extend to everyone working on its campuses, regardless of who their employer is.