Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Bahrain (Ratification: 1981)

Other comments on C081

Observation

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Direct Request

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The Committee notes the Government’s report, the 2011 annual report of the labour inspectorate and the 2010 annual report of the Labour Market Regulatory Authority (LMRA).

Articles 1, 2 and 4 of the Convention. Labour inspection system. The Committee notes that, according to information provided by the Government, Act No. 36 enacting the Labour Act in the private sector was adopted on 26 July 2012, and that the Minister of Labour will soon draft the implementing decisions, including those concerning the labour inspectorate, as provided for under section 173(1) of the new Act. The Committee also notes that, according to the Government, the new Labour Act places greater emphasis on the labour inspectorate as a result of the reorganization of the Division for Safety in the Workplace; it is now incumbent upon the Ministry to monitor employers and prompt them to apply the provisions of the new Labour Act.

The Committee notes that although the new Act seems to restrict the labour inspectorate’s competence to matters of safety and health, but that, on the other hand, it contains provisions accompanied by penalties for matters outside the area of safety and health, such as the employment of women and young people, wages, working hours and leave, labour regulation (register of workers), occupational accidents and cases of occupational disease, and the settlement of individual and collective disputes. The Committee requests the Government to specify the field of competence of the labour inspectorate and to send the Office a copy of the implementing decisions of the Labour Act concerning the labour inspectorate, as provided for under section 173(1) of the Act in question. It also asks it to send an organizational chart as well as any document and relevant report on the reorganization of the labour inspectorate and its functions.

Articles 3(1) and (2), 20 and 21. Transfer of competence for the enforcement of the legislation on the employment of foreigners and content of the annual report on labour inspection activities. With reference to its previous comments, the Committee notes the Government’s indication that competence for the enforcement of the legal provisions relating to the employment of foreign workers has been transferred to the LMRA. The Committee encouraged this transfer as it believed it would have the effect of refocusing inspection activities on working conditions and the protection of both national and foreign workers while engaged in their work. However, it would seem from the information provided in the annual inspection report, especially the statistical data contained therein, that the labour inspectorate’s functions still include the enforcement of the legal provisions relating to the employment of foreign workers, in particular the registration of notices that foreign workers have fled, in cooperation with the authorities responsible for monitoring the nationality, passports and residence of workers, and that these activities still result in the arrest of workers. The Committee also notes in the annual report of the LMRA that the main task of this body is to monitor the employment of foreign workers, but that it also looks into their working conditions as it verifies the payment of their wages electronically. The Committee therefore notes that there is no clear distinction between the functions of the labour inspectorate and the LMRA, as both have duties linked to working conditions and the application of immigration law.

In its 2006 General Survey on labour inspection, the Committee recalled, in paragraph 78, that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Given that a large proportion of inspection activities are spent on verifying the legality of the immigration status, the Committee stressed the need to ensure that additional duties, which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers, are assigned to labour inspectors only in so far as they do not interfere with their primary duties and do not in any way undermine the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee also pointed out that the partnership between the labour inspectorate and other bodies such as the internal and border police is not conducive to a climate of confidence, which is a prerequisite for good cooperation between the employers, workers and the labour inspectors. It must be possible for labour inspectors to be respected for their authority to report offences, and at the same time to be approachable as preventers and advisers.

The Committee therefore stressed that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour protection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers.

In this respect, the Committee notes that the labour inspectorate’s annual report merely provides statistical data on the number of inspection visits, the enterprises that were visited, the complaints lodged by the workers and records of proceedings, etc., but it does not contain any information on inspection activities relating to working conditions such as working hours, leave, wages, and the work of women, young persons and children.

The Committee requests the Government to provide information on the measures taken to separate the activities concerning foreign workers’ employment, which is a matter for the Labour Market Regulatory Authority (LMRA) and immigration authorities, from those relating to conditions of work and the protection of workers that constitute the main functions of the labour inspectorate under Article 3(1) of the Convention. The Committee hopes that the Government will take all necessary measures so that labour inspectors are no longer involved in workplace controls aimed at arresting, imprisoning and repatriating workers in an irregular situation from the standpoint of immigration law and that they effectively secure the enforcement of the legal provisions relating to conditions of work and the protection of workers (Articles 2 and 3(1) of the Convention).

Furthermore, the Committee asks the Government to specify how the labour inspectorate monitors the way in which employers fulfil their obligations (such as the payment of wages and other benefits due for work effectively carried out) towards foreign workers, including those who are in an irregular situation, and in particular when these workers are subject to a deportation or expulsion order.

Referring to its general observation of 2010, the Committee would be grateful if the Government would ensure that future annual reports of the labour inspection authority contain information on the nature of the legal provisions relating to the conditions of work on which the authority has focused (wages, hours of work, holiday, weekly rest, the employment of children and the disabled, etc.), as well as on the protection of workers while engaged in their work (non-discrimination, social security, representation of workers, etc.), without consideration of the legal situation of workers employed in the workplaces inspected.

Articles 6, 10 and 11. The number of labour inspectors and the material means and logistics necessary for them to perform their inspection duties effectively. The Committee notes in the annual labour inspection report that the conditions of service of labour inspectors are inferior to those of inspectors working in the LMRA, and there are too few of them to cover the number of workplaces liable to inspection and to carry out the tasks with which they are entrusted. It also points out that: the statistical data and electronic files specific to the labour inspectorate are lacking; the material means and logistics are inadequate, especially with respect to suitable offices for work and portable computers to facilitate the preparation of reports; and there is a need to improve the capacity of the inspectors and cover their expenses when they use their private cars. The Committee notes that, under section 173(2) of the new Labour Act, the Ministry is bound to provide the occupational safety and health inspection authority with everything it requires to fulfil its functions, including equipment and measuring devices. The Committee requests the Government to indicate the measures taken to improve the conditions of service and increase the staffing of the labour inspectorate and to place at its disposal the necessary material means and logistics to be able to carry out its duties effectively and efficiently, including service vehicles to carry out inspection visits or, failing this, to reimburse the travelling expenses.

Article 7(3). Strengthening the capacities of the labour inspection services. The Committee notes that, according to section 173(3) of the new Labour Act, the Ministry of Labour must organize specialized sessions and training programmes to improve the competencies and performance of labour inspectors and ensure that they have the required qualifications in the area of occupational safety and health. In its report, the Government voices its interest in strengthening the capacities of the labour inspectorate and refers to training activities and visits in the field organized in cooperation with the ILO. The Committee nevertheless notes that the number of participants in these training sessions is somewhat limited (two to four persons). The Committee requests the Government to send the Office details on the impact this training has had on the efficiency of the labour inspectorate and to provide information on the measures taken to improve the training of labour inspectors.

Article 14. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that under Order No. 1 of 2006, industrial accidents and cases of occupational disease must be notified by the employer not only to the Social Insurance Fund and the competent police station, in accordance with Act No. 24-76 on social insurance, but also to the Ministry of Labour. The Committee requests the Government to indicate whether the labour inspectorate receives this information and whether it is dealt with by the central inspection authority with a view to developing a policy on prevention focusing on high-risk occupations (construction, the chemical industry, the energy sector, work involving the operation of heavy machinery, activities involving overexposure to the sun, etc.). The Committee also asks the Government once again to provide details on the notification procedure for industrial accidents and cases of occupational disease and on the action taken in response to such notifications in practice. It requests it once again to provide a copy of any relevant legal text or document.

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