Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C081

Observation

Direct Request

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Articles 1, 2 and 4 of the Convention. Reorganization of the labour inspection services. In its previous comment, the Committee noted that the Government referred to the reorganization of the labour inspectorate at the Ministry of Labour, including the strengthening of its functions in the area of occupational safety and health (OSH). The Committee notes that the Government indicates in its report that the Labour Inspection Department is composed of a Labour Inspection Unit (responsible for wages, working time and leave, etc.) and an OSH Unit. The Committee notes that the Government refers to an organizational chart, which has not been communicated with the Government’s report. The Committee requests the Government to provide a copy of the organizational chart of the new Labour Inspection Department, containing information on the structure of the labour inspection services at the central and regional levels.

Article 7(1) and (2). Recruitment procedures and qualifications for the position of labour inspector. The Committee received the information provided by the Government in reply to its previous request concerning the recruitment procedure (governed by the civil service regulations, that is employment committees evaluating the skills, capacities and academic qualifications of candidates) and the qualifications required from candidates for the position of labour inspector (provided for in sections 2 and 3 of Ministerial Order No. 29 of 2013, including among other requirements, a thorough knowledge of the Labour Code and its implementing decisions). The Committee takes note of this information.

Article 7(3). Strengthening the capacities of labour inspections. The Committee takes note of the information provided by the Government in reply to its previous request concerning the training provided to labour inspections (including subjects such as enforcement procedures, the establishment of infringement reports and computer skills). The Committee requests the Government to provide information on any aspect of training that relates to responding to complaints from domestic workers or others in non-traditional workplaces and on any training addressing the identification of gender discrimination in workplaces.

Article 12. Power of labour inspectors to enter workplaces. The Committee notes that the Government has provided the requested legal text, that is, Ministerial Order No. 29 of 2013 setting out, among other things, the rules for inspections at night and outside official working hours. The Committee takes note of this information.

Article 13(2)(b) and (3). Preventive functions of labour inspectors. The Committee previously noted that, in accordance with section 174(b) of the Labour Code (promulgated by Law No. 36 of 2012), the Ministry of Industry and Trade, on the basis of the reports drawn up by labour inspectors, is responsible for ordering measures with immediate executory force in the case of imminent danger to the safety or health of workers. In this respect, the Committee emphasized the need for expedient decisions to ensure the effective protection of workers. The Committee notes the Government’s indication that the Ministry of Labour and the Ministry of Industry and Trade are currently examining ways to avoid delays in the application of protective measures with immediate executory force, insofar as they may be caused by the procedure in place and the responsibility of the Ministry of Industry and Trade. The Committee requests the Government to provide further information on the steps taken to ensure that measures with immediate executory force in the event of imminent danger to the health and safety of workers are taken without delay so as to protect workers from such danger, including examples of situations where such measures have been taken, and their results. The Committee also requests the Government to indicate, whether consideration is given to the possibility of entrusting the relevant powers to the hierarchical supervisors of the labour inspectors at the Ministry of Labour.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication, in reply to its previous request for further information in this regard, that the procedures for the notification of occupational accidents and diseases are now governed by Order No. 12 of 2013, and that the notification procedures for occupational diseases are still being elaborated. The Government adds that a special register for occupational accidents and diseases has been established at the OSH Unit at the Ministry of Labour, which is the responsible entity to receive relevant notifications. The Committee requests the Government to provide information on the progress made with respect to the elaboration and implementation of the procedures for the notification of occupational diseases.

Article 15. Obligations of inspectors. In its previous comment, the Committee requested the Government to indicate the legal provisions giving effect to this Article. In this regard, the Committee notes the Government’s reference to Ministerial Order No. 29 of 2013 governing labour inspections. The Committee notes that section 2 of this Order gives effect to Article 15(a), and that section 4 of this Order gives effect to Article 15(b). It further notes that section 12 of this Order provides that labour inspectors shall not reveal the identity of the complainant. In this respect, the Committee recalls that Article 15(c) provides not only that labour inspectors shall treat as absolutely confidential the source of any complaint, but as well that they shall treat as absolutely confidential the fact that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee requests the Government to provide information on how effect is given to the obligation of labour inspectors to treat as absolutely confidential the fact that an inspection visit was made in consequence of the receipt of a complaint.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspection services. The Committee notes that the 2013 and 2014 annual labour inspection reports were communicated by the Government and that they contain a number of statistical information, including the number of labour inspection visits (disaggregated by sector), the number of workplaces concerned by these visits, and the number of infringement reports established. However, the Committee notes that these reports do not contain information on the staff of the labour inspection services (Article 21(b)), the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), nor on the statistics of industrial accidents and occupational diseases (Article 21(f) and (g)). The Committee requests the Government to ensure that future annual reports contain information on all the subjects listed in Article 21(a) to (g). It recalls that the Government may avail itself of ILO technical assistance, including for the establishment of registers of workplaces liable to inspection and the collection of labour inspection statistics.

The Committee also recalls its previous comments in which it noted that section 174(c) of the Labour Code promulgated by Law No. 36 of 2012 provides that an annual labour inspection report shall be published within three years from the year to which it relates, while according to Article 20(2) of the Convention, an annual report should be published within a reasonable time after the end of the year to which it relates and in any case within 12 months. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate the measures taken with a view to bringing section 174(c) of the Labour Law into line with the Convention in relation to the time limits set for the publication of an annual labour inspection report. The Committee requests the Government to also provide information on whether in practice, labour inspection reports are published within the time frame provided for in Article 20(2).