Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Bahrein (Ratificación : 1981)

Otros comentarios sobre C081

Observación

Solicitud directa

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With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(1) and 17 of the Convention. Functions and powers of labour inspectors. The Committee notes that in its report the Government refers to provisions of the Labour Law in the Private Sector No. 36 of 2012 (Labour Law) which reinforces the functions of labour inspectors by giving them the powers of law enforcement officers. It notes in this regard, that according to section 182 of the Labour Law, the functions of inspectors who have the capacity of law enforcement officers shall relate to the crimes committed within the scope of their jurisdiction and that there appears to be a distinction between inspectors with law enforcement powers and other labour inspectors who according to section 177 of the Labour Law appear to be confined to verifying the implementation of the provisions of the Labour Law without specifying whether they are empowered to exercise enforcement functions or to give warning or advice to employers where they deem appropriate. The Committee requests the Government to specify the functions of the various categories of labour inspectors in relation to the duties listed in Article 3 of the Convention, i.e. the enforcement of the legal provisions relating to conditions of work and the protection of workers, the supply of technical information and advice to employers and workers concerning the most effective means of complying with legal provisions, and bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would also be grateful if the Government would specify the powers vested in the various categories of labour inspectors, especially in relation to the initiation of legal proceedings against employers found in violation of legal provisions, or giving warning or advice where deemed appropriate.

Article 7(1) and (2). Recruitment of labour inspectors. The Committee notes that according to section 177 of the Labour Law, inspectors are civil servants appointed by the Minister of Labour to carry out inspection work. It also notes that according to section 182 of the Labour Law, inspectors who have the capacity of law enforcement officers shall be appointed among civil servants by the Minister in charge of judicial affairs in agreement with the Minister of Labour.

The Committee recalls that according to Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that according to Article 7 of the Convention, labour inspectors should be recruited with sole regard to their qualifications for the performance of their duties while the means of ascertaining such qualifications should be determined by the competent authority. The Committee notes in this regard, that the Labour Law does not contain any reference to the qualifications required for the appointment of labour inspectors, including for those inspectors who have the capacity of law enforcement officers. Moreover, the latter category of inspector is appointed jointly by the Minister of Labour and the Minister in charge of judicial affairs. The Committee requests the Government to specify the process applied and the qualifications required for the recruitment of labour inspectors including labour inspectors who have law enforcement powers.

Article 12. Power of labour inspectors to enter workplaces. The Committee notes that according to section 177 of the Labour Law, labour inspectors shall have the power to enter workplaces, peruse the registers of the workers and request the data, information and documents necessary for the execution of inspection functions. According to section 181 of the Labour Law, the Minister shall issue a decision organizing the inspections and setting the rules of inspections carried out at night and during non-official working hours. The Committee recalls that according to Article 12 of the Convention, labour inspectors should have the power to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to indicate the manner in which effect is given to Article 12 of the Convention, and to communicate a copy of any decisions issued under Article 181 of the Labour Law organizing inspections and setting the rules of inspections to be carried out at night. Please also provide information on the number of inspection visits carried out at night and their results.

The Committee also requests the Government to specify the type of documents and data requested for the execution of inspection functions during visits, in accordance with section 177.

Article 13. Preventive functions of labour inspectors. The Committee notes that section 174(b) of the Labour Law provides that the Minister in charge of the Commercial Register shall, on the basis of the report of the authority for occupational safety and health inspection, order the partial or total administrative closing of an establishment, the interruption of a specific work or the use of one or more machines in case of imminent danger threatening the establishment or the safety or health of the workers, or in case the establishment failed to draft an emergency plan, until the elimination of the danger or the drafting of the said plan. The Committee notes that according to Article 13(1) and (2)(b) of the Convention, labour inspectors must be empowered to take steps with a view to remedying defects observed in the plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers and should be authorized to order measures with immediate executory force in order to protect workers in the event of imminent danger to health or safety. As provided in paragraph 114 of the 2006 General Survey on labour inspection, where national law provides that such measures ordered by labour inspectors have executory force only if they are confirmed by the hierarchical supervisor or emergency judge, the deadlines allowed for doing this should be tight, since these are preventive measures aimed at protecting workers and the public at large from imminent danger. The Committee notes that in the case of the Labour Law, it is the Minister in charge of the Commercial Register and not the hierarchical supervisor of the labour inspectors or an emergency judge who decides on the ordering of an injunction with immediate executory force. The Committee requests the Government to take the necessary measures for the review of section 174(b) of the Labour Law so that labour inspectors, either directly, or through their hierarchical supervisors or an emergency judge in the framework of rapid procedures, are empowered to take preventive measures and to order injunctions with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee requests the Government to keep the ILO informed of all measures taken in this regard.

Article 15. Obligations of inspectors. The Committee requests the Government to indicate the legal provisions concerning: (a) the prohibition of labour inspectors having any direct or indirect interest in the undertakings under their supervision; (b) the obligation of labour inspectors not to reveal any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (c) the obligation to treat as absolutely confidential the source of any complaint as well as the fact that a visit of inspection is made in consequence of the receipt of such a complaint.

Article 18. Penalties for violations of legal provisions enforceable by labour inspectors. The Committee notes the sanctions applicable to violations of the provisions of the Labour Law introduced in Title XVII of the Labour Law (sections 183–191). It notes that sanctions for acts of discrimination against female workers and for the employment of children under the age of 15 may range between 200 and 500 Dinars per worker (sections 186–187) and that penal sanctions might be applicable (sections 194 and 197). Recalling that under Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors should be provided by national laws and effectively enforced, the Committee requests the Government to specify the sanctions applicable to cases of violation of fundamental rights at work (equality and non-discrimination, freedom of association, eradication of forced labour and child labour) and to provide information on their dissuasiveness and their effective enforcement, including by furnishing copies of court decisions.

Penalties for obstructing labour inspectors. The Committee also notes that section 192 of the Labour Law provides that any party violating the provisions of Title XV of the Labour Law concerning occupational safety and health and labour inspection, shall be sanctioned by imprisonment for a period not exceeding three months and by a fine not less than 500 Dinars and not more than 1,000 Dinars. The Committee would be grateful if the Government would specify the articles concerned by this provision and indicate in particular the provisions which prohibit acts of obstruction against inspectors and the applicable sanctions.

Article 20. Annual report on the work of the inspection services. The Committee notes that section 174(c) of the Labour Law provides that an annual labour inspection report shall be published within three years from the year to which it relates. The Committee recalls that 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. The Committee 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 however notes that the Government has already communicated to the ILO the annual labour inspection report for the year 2011. The Committee requests the Government to specify whether this report has been published, and if not, to ensure its publication.