Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1) of the Convention. Complaints. The Committee takes due note of the Government’s statement that the main aim of inspection visits is to be proactive, and not linked to a complaint. It notes that in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and only seven such occupational safety and health (OSH) inspections were undertaken. The Government also indicates that the technical cooperation programme between the Government and the ILO includes the aim of safeguarding the confidentiality of a complainant’s identity and their protection from retaliation through the capacity building of labour inspectors and of those who receive such complaints, in addition to raising awareness with respect to the protection of workers who submit complaints. The Committee requests the Government to provide information on the total number of complaints received and to continue to provide information on the number of inspections undertaken in response to these complaints. The Committee also requests the Government to provide further information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate, and, with reference to Article 15(c) of the Convention below, to the absolute confidentiality of complaints submitted.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee previously noted that the technical cooperation programme with the ILO includes operationalizing a system for registering occupational accidents and diseases.

The Committee notes the Government’s indication that if an undertaking does not notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury, in accordance with section 108 of the Labour Law, an infringement report is drawn up and sent to the competent judicial bodies. The Government also states that collaboration is ongoing between that Ministry and the Ministry of Public Health with respect to the registration of occupational accidents and injuries, and it notes in this respect the detailed statistics provided concerning occupational injuries registered in the first eight months of 2018, including the cause of injury, the type of injury and the occupation, age and gender of the injured worker. The Committee requests the Government to provide further information on the measures taken, within the context of the technical cooperation programme, on the operationalization of a system for the registration of occupational accidents and diseases. It also requests the Government to provide information on the number of infringement reports drawn up for violations of section 108 of the Labour Law related to a failure to notify an occupational accident or injury, as well as information on the outcome of the reports referred to the judicial system.

Occupational diseases. The Committee previously noted the Government’s indications concerning difficulties in the detection of cases of occupational diseases, in light of the latency period for such diseases and the fact that many migrant workers are engaged on short-term contracts. The Committee notes that, in accordance with section 105 of the Labour Law, any occupational disease detected during the required periodic medical examination shall be notified to the Ministry within three days of the employer’s cognizance of the results of the examination. The Government indicates that the establishment of a uniform system to monitor and register occupational accidents and diseases is required in order to have precise statistics, and that this is planned under the technical cooperation programme. The Committee once again notes that the Government has not provided information concerning any cases of occupational diseases detected or reported in the country. The Committee requests the Government to continue to provide information on the measures introduced to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including any efforts to collect information from governments in countries that provide the largest numbers of migrant workers. It requests the Government to strengthen its efforts to ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint giving rise to an inspection. Legislation. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint. In this respect, it noted the Government’s indication that the Order was in the process of being amended with a view to including the requirement that an inspector not give any intimation that a visit was made in response to a complaint.

The Committee notes the Government’s statement that, in light of the significant legislative developments in the country, it will examine the possibility of amending Ministerial Order No. 13 of 2005 in the context of its cooperation with the ILO. The Committee requests the Government to continue to provide information on the progress made with respect to amending Ministerial Order No. 13 of 2005, and to provide a copy of any legislation adopted in this regard.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee takes due note of the Government’s indication, in response to the Committee’s previous request, that self-evaluation questionnaires on OSH are distributed by inspectors to undertakings employing more than 100 workers. When the Labour Inspection Department receives the completed questionnaire, the information is verified and used to identify priorities for inspection. A field inspection is then carried out to verify whether the information contained in the questionnaire is correct. The Government indicates that inspectors are committed to carrying out inspections independently from the self-evaluation. The Committee requests the Government to indicate if follow-up inspections are carried out for each enterprise that submits a completed self-evaluation questionnaire, and to indicate if these inspections are unannounced. The Committee also requests the Government to provide further detailed information on the results of follow-up inspections in relation to the questionnaires and on the procedure followed when an undertaking does not return the completed self-evaluation questionnaire.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes the information provided by the Government in its report relating to the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); statistics of inspection visits (Article 21(d)); and statistics of industrial accidents (Article 21(f)). With respect to Article 21(e) and with reference to its observation, the Committee once again observes the information on the number of inspection visits where a notice to remedy a violation was issued or an infringement report prepared, as well as the number of inspections which resulted in a prohibition issued on the company, but that no information is provided on any penalties imposed by virtue of Chapter 16 of the Labour Law. It further observes, with reference to its comments above concerning Articles 14 and 21(g), an absence of information on the number of cases of occupational diseases detected. Lastly, it notes an absence of statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), but notes the Government’s indication that all undertakings covered by the Labour Law were surveyed through a field survey operation aimed at identifying all undertakings in the different regions, with a view to establishing a geographic database. The Committee requests the Government to take measures to ensure that a copy of its annual labour inspection report is transmitted to the Office, in accordance with Article 20, and to take the necessary measures to ensure that it contains all the information outlined in Article 21(a)–(g). It also requests the Government to provide further information on the establishment of a database of undertakings for use by the inspectorate.