Mahmoud Ahmad The recent announcement by the UAE Labor Minister Saqr Ghobash that the Gulf State is set to introduce labor reforms that will take effect on Jan. 1 is music to my ears. These reforms are aimed at improving the condition of labor workers while ensuring flexibility for expatriate workers in changing jobs. The reforms call for the migrant workers being provided job terms and employment contracts that will be governed by the new regulations, which will also specify how the contracts can be broken or rescinded. The most beautiful thing in this new scenario is that it frees the expat worker from being under the rigid thumb of an abusive sponsor. I quote what was mentioned in the new regulation from a UAE newspaper, which stated, "According to the first decree, employers have to present a ministry-approved standard employment contract to workers. The terms of this contract cannot be altered unless approved by the ministry. The second decree lays down specific conditions for when the term and non-term contracts can be terminated. As per the third resolution, workers can change jobs after completing at least six months of employment. The six-month rule is also waived if the worker holds a university degree or high-school diploma." However, the best statement by the minister was when he said they want to shut the door on the faces of those who are deceiving the simple expatriate worker. For many years, the word ‘Kafeel', or ‘Kafala', has been a scary word for many expat workers. It has been synonymous with abuse, torture and virtual slavery in the minds of the workers until they land here to find out for themselves what the luck of the draw has provided them — a good or abusive sponsor. An expatriate working under an abusive sponsor is sentenced to a lifetime of misery as long as this worker is in the Kingdom and under the same sponsorship. Although, expat workers working in companies are usually governed by the laws set up by the Labor Ministry and there is little room for abuse, many of them, however, who work under a sponsor, suffer differently. These expatriate workers generally work directly under the sponsors and are left with no recourse to counter the abuse, sometimes physical, or switch jobs. They will have to quit and hope to re-enter the Kingdom after getting a company or another sponsor to give them a job with visa to escape the clutches of the abusive sponsor. It is a real gamble for an expat worker coming to the Kingdom, whether he will land in the hands of a good or a bad sponsor or even a good or a bad company. It is sad that the fate of those who leave their country for better monetary prospects in order to support their family back home and enduring great pain of living far away from their home country fall prey to an individual or company that only cares about either milking the expat worker for money or squeezing them to the maximum level with little pay, leaving them exhausted and destitute with little chance of fulfilling their hopes and aspirations. While talking to some expatriate workers, I have noticed that the majority of them, following some years' stay in the Kingdom, generally are in a defeated mode. Meaning that they do not see any use in complaining against an abusive sponsor and they, most of the time, decide to endure the pain and leave the situation as is because, they are in the know following past examples, that there is no way of winning their freedom from or a labor case against an abusive sponsor. This should not be the case and those defeated mentality should be able to challenge the sponsors with help from all related departments. The law is there, and there is a contract but the sponsors have developed an art of circumventing the law or making it so difficult that even those who dare to challenge them find themselves in more difficulties such that the expat workers prefers to surrender rather than fight it out. There are abusive sponsors who choose to become abusive when it comes to treatment and pay. They put the scare in the hearts of workers to a level that they either except the new reality, or force them to escape from their condition without any liability to the sponsors. On our part, a more lenient rules that ease the grip of the sponsor of the expat worker is needed. We should monitor closely the implementation of the new regulations in UAE, since both countries share many similarities and problems when it comes to expat workers working in the respective countries. If the reforms work, then why not take from their experience and apply it here. We have a long list of bad sponsors who are abusing workers and thousands of stories that have been and are being shared and published by newspapers and other media. More effort is needed by the missions working in the Kingdom and organized community groups and their leaders to educate their workers about their rights and the do's and don'ts. They should guide them each time there is a problem between an expat worker and his company or sponsor. The expats should do away with their defeated mentality and they should know that they have rights. The ‘Kafala' system should be reviewed, evaluated and based on the result it should be modified to suit and benefit both parties. We should remember this is not a war between sponsors and expat workers. It should not be the case of one side winning against the other. Both sides, through a newly modified regulation, should arrive at a middle ground that is mutually beneficial and satisfactory to both sides. The writer can be reached at [email protected]; Twitter: @anajeddawi_eng
