Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C081

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3(1) and (2), 20 and 21 below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the information provided by the Government in response to its previous request concerning Article 15(c) of the Convention concerning the obligation to treat as confidential the existence of a complaint giving rise to an inspection.

Article 3(1) of the Convention. Complaints. The Committee previously noted that, in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and that only seven such occupational safety and health (OSH) inspections were undertaken. The Committee requested information on the total number of complaints received and the number of inspections undertaken in response.

The Committee notes the information provided by the Government, in response, that 17,223 complaints were received in 2018, of which 11,764 were settled, 5,047 were referred to dispute settlement committees, 371 were sent to courts and 27 are under examination. The Government states that the number of complaints addressed by inspectors is not available due to a technical problem. The Committee notes the information provided by the Government in its supplementary report that between 1 January and 1 September 2020 there were a total of 9,422 complaints received, of which 5,362 were settled, 2,496 were referred to committees, 73 were closed, and 1,491 were under examination. No cases were referred to the judiciary. The Government also indicates, in response to the Committee’s request on the measures taken to ensure that workers are made aware of the possibility of submitting complaints, that during inspections, inspectors ensure that workers are informed of the methods available to submit a complaint. Complaints can be submitted by visiting the Ministry of Administrative Development, Labour and Social Affairs, or the Workers’ Complaints Office, or via email or social media. The Government indicates that after reviewing the complaint, the inspection department sends an inspector to verify the complaint directly, making sure to ensure confidentiality. The Committee takes due note of the Government’s indication that one of the skills trainings planned in the strategic training plan concerns confidentiality. The Committee requests the Government to continue to provide information on the total number of complaints received, and to provide the number of inspections undertaken in response to these complaints and the specific results of those inspections. In addition, the Committee requests that the Government provide information on the reason why so few inspections are undertaken as the result of a complaint. The Committee requests the Government to continue to provide 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.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication in its report that, pursuant to Decree-Law No. 18 of 2020, the Labour Law was amended to empower labour inspectors to be able to offer “reconciliation” to persons in violation of the Labour Law, after the violation has been rectified and all outstanding payments have been made. The Government states that this will enable inspections to be more effective and contribute to the rapid rectification of violations. The Committee recalls that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties under Article 3(1). The Committee requests the Government to provide further information on the implementation of section 148 of the Labour Law in practice, including on the proportion of time and resources of labour inspectors that are devoted to the reconciliation procedure, the number of violations removed or otherwise resolved, and the average time period in which violations are removed when compared with the average time period for cases not involving reconciliation.

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. It also noted the Government’s indication that failure to notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury resulted in an infringement report being sent to the competent judicial bodies, in accordance with section 108 of the Labour Law and it requested information on the number of such infringement reports prepared. The Committee notes the Government’s statement in reply that there is immediate notification of occupational accidents in all cases, and no infringements were therefore detected. The Committee requests the Government to continue to provide information on the application of section 108 of the Labour Law in practice, including the number of violations, the number of infringement reports prepared, as well as information on the outcome of the reports referred to the judicial system. It also requests the Government to provide 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.

Occupational diseases. The Committee previously noted that section 105 of the Labour Law requires the notification of cases of occupational disease detected. It also noted the Government’s indications concerning difficulties in the detection of such cases, in light of the latency period for occupational diseases and the fact that many migrant workers are engaged on short-term contracts.

The Committee notes the Government’s statement that it is strengthening efforts with respect to the collection of statistical information on cases of occupational diseases in the context of the technical cooperation with the ILO, and that work on a database is planned for the end of 2019. It also notes the statement in the Annual Labour Inspection Report of 2018, that no cases of occupational diseases were recorded in 2018, but that efforts to improve the detection of occupational diseases will include the signing of a memorandum of understanding with the Ministry of Health. The Committee requests the Government to continue to provide information on the measures taken to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including the implementation of the Memorandum of Understanding with the Ministry of Health and any efforts to collect information from governments in countries that provide the largest numbers of migrant workers.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee previously noted that self-evaluation questionnaires on OSH were distributed by inspectors to undertakings employing more than 100 workers. The Committee requested the Government to indicate if follow-up inspections were carried out for each enterprise that submitted a completed self-evaluation questionnaire. In this respect, the Committee notes the Government’s statement that the practice of questionnaires has been discontinued, as the priority of the inspectorate is building and strengthening the capacities of labour inspectors for inspection visits.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee welcomes that the labour inspection policy, adopted in 2019, provides that an annual report on the work of the inspection services will be regularly published by the central inspection authority containing the information required by Convention No. 81. In this respect, it notes with interest the transmission of the Annual Labour Inspection Report for 2018 and 2019. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.