Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Qatar (Ratification: 1976)

Autre commentaire sur C081

Observation

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Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in 2014 concerning the application of the Convention by Qatar.

The Committee also observes that a complaint under article 26 of the ILO Constitution alleging the non-observance of the Convention, as well as the Forced Labour Convention, 1930 (No. 29), by Qatar, submitted by a number of Workers’ delegates at the Conference, was declared receivable and remains pending before the Governing Body. In addition, the Committee refers to its comments under Convention No. 29.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes the conclusions of the tripartite committee set up to examine the representation alleging non-observance by Qatar of Convention No. 29, made under article 24 of the ILO Constitution, adopted by the Governing Body at its 320th Session in March 2014. The tripartite committee welcomed the Government’s indication that it would increase the number of inspectors in the future, but also noted the difficulties regarding the effective application of the legal framework regulating the work of migrant workers. The tripartite committee considered it essential that measures continue to be taken to strengthen the capacity of the labour inspectorate, including measures to ensure the proactive undertaking of random inspections not based on complaints.

The Committee also notes the statements made by several speakers during the discussion in the CAS that the number of labour inspectors was insufficient in view of the size of the labour force. Several speakers raised concerns regarding the thoroughness of inspections in light of the high number of inspections performed by each inspector. The Government, in response to these concerns, indicated that it was aware of the magnitude of the problem and the related challenges, and that it was dealing with these problems. The Government indicated that it had increased the number of labour inspectors to 200 inspectors. It also pointed out that the number of migrant workers in the country had risen to 1.7 million, which constituted a challenge for labour inspection.

The Committee notes the Government’s statement in the present report that it has strengthened the role of labour inspection. The Government indicates that it has further increased the number of labour inspectors to 227 inspectors. The Government indicates that it has also increased the number of inspection visits, from 46,624 such visits in 2012 to 50,538 in 2013, and that the number of workplaces liable to inspection continues to rise, from approximately 45,000 noted in 2013 to 48,178 undertakings in 2014. The Government further indicates that it is taking measures to facilitate the work of labour inspectors by providing them with handheld electronic tablets, and by linking them with the State’s special mapping system to facilitate reaching undertakings liable to inspection quickly and precisely.

The Committee notes that the Special Rapporteur on the human rights of migrants, in his report to the Human Rights Council on his mission to Qatar of 23 April 2014, expressed regret concerning the insufficient number of labour inspectors, who are not in a position to investigate thoroughly the working conditions or living conditions in labour camps, due to their small numbers and the lack of interpreters (A/HRC/26/35/Add.1, paragraph 45). The Committee urges the Government to strengthen its efforts to recruit an adequate number of labour inspectors in relation to the number of workplaces liable to inspection, and to continue to take measures to strengthen the effectiveness of the labour inspection system. Moreover, observing the large number of inspections undertaken per inspector, the Committee requests the Government to provide information on the average length of time spent on inspections per inspection and requests the Government to take the necessary measures to ensure that workplaces are inspected as thoroughly as necessary to secure the effective application of the legal provisions relating to conditions of work and the protection of workers.

Articles 7 and 8. Recruitment and training. The Committee notes the comments made by several speakers during the discussion of the CAS concerning the training and recruitment of inspectors, indicating that further training was necessary for labour inspectors. Several speakers also indicated that a greater number of labour inspectors who spoke the language of the migrant workers were necessary, and that more female labour inspectors should be hired.

The Committee notes the Government’s indication concerning measures taken to recruit further inspectors, including the provision of financial incentives, such as allowances for overtime work, as well as an allowance for a car and a telephone. It has also entrusted 14 legal officers from the Legal Affairs Department at the Ministry of Labour and Social Affairs to work in the labour inspection department, after normal working hours in return for allowances, and has transferred 12 employees from other departments to work in inspection. The Government indicates that approximately 8 per cent of inspectors are women, and that these inspectors are given the same wages and privileges as their male counterparts. In addition, the Government undertakes training for labour inspectors, both within the country and abroad. The Government states that it will seek ILO technical assistance to train a sufficient number of inspectors, to enable them to discharge their duties. The Committee requests the Government to provide detailed information on the training provided to labour inspectors, including the frequency, duration, number of participants and subjects covered. It further requests the Government to take measures to ensure that the necessary training is provided to those officials temporarily transferred to labour inspection, so that they can adequately perform the duties assigned. The Committee also requests the Government to provide information on the measures taken to ensure the recruitment of labour inspectors and interpreters able to speak the language of migrant workers, and to increase the number of female labour inspectors.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee notes that, during the discussion in the CAS, it was pointed out that the Government had commissioned a report on migrant workers in the country, which contained recommendations with regard to labour inspection. These recommendations included bolstering the powers of inspectors, who were currently only able to issue recommendations and did not have the power to issue sanctions, and improving coordination with the justice system to prosecute violations.

The Committee notes the information in the Government’s report concerning inspections undertaken in 2013 and the first quarter of 2014 that resulted in the issuance of warnings to remedy infringements and infringement reports (a report which is then referred to the Labour Relations Department for further action, including referral to the court). Out of the 50,538 inspections undertaken in 2013, 825 were issued with an infringement report. It notes, in this regard, the significant increase in the number of infringement reports issued in the first quarter of 2014 (438 in this period, compared with 825 for all of 2013), including a significant rise in the field of occupational safety and health. The Government indicates that, in the first quarter of 2014, the judiciary dealt with 448 cases which resulted in 379 convictions. The Committee requests that the Government take measures to improve the effectiveness of existing enforcement mechanisms, including steps to provide enhanced enforcement powers to labour inspectors and promote effective collaboration with judicial authorities, and further requests the Government to provide information in this regard. It asks the Government to specify the number of cases referred to the judicial authorities by the labour inspectorate. The Committee also requests that the Government provide information on not only the number of cases resulting in a conviction, but also on the specific penalties applied in such cases. It further requests the Government to ensure that, in its annual report, the statistics on violations detected and penalties applied are classified according to the legal provisions to which they relate, including with respect to passport confiscation, conditions of work and timely wage payments.

Articles 5(a), 14 and 21(f). Labour inspection in the area of occupational safety and health. The Committee notes that, during the discussion at the CAS, several speakers indicated that strengthening labour inspection would contribute to protecting the occupational safety and health (OSH) of migrant workers in the country, particularly in the construction sector as there had been several deaths of workers in this sector caused by occupational accidents.

The Committee notes the Government’s statement that it hopes to set up an independent department responsible for OSH, which will inspect undertakings with respect to OSH. It also notes the information in the Government’s report that, in the first quarter of 2014, 3,485 visits were undertaken with respect to OSH in 920 undertakings. The Committee notes that, although twice as many inspections were undertaken to monitor other labour issues, those inspections undertaken with respect to OSH resulted in the issuance of a greater number of warnings (1,302 warnings for OSH compared to 371 for other labour issues). The Committee also notes the detailed information provided by the Government on the notifications received concerning occupational injuries which resulted in disability. However, the Committee notes that the Government does not provide any information on fatal occupational accidents, although the Government indicates that if a worker dies as a result of work, or in the course of work, the employer must notify the Ministry of Labour and Social Affairs, as well as the police and the competent medical authority. According to the Government, the figures on occupational accidents depend on the manner in which notifications reach the Ministry. The Committee urges the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH, particularly in the construction sector. It also requests that the Government take measures to ensure coordination and collaboration between labour inspectors and inspectors under the new department on OSH. The Committee further requests the Government to take the necessary measures to ensure that the labour inspectorate is notified of all industrial accidents, and that relevant statistics, including on fatal occupational accidents, are included in the annual report on labour inspection.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]