Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Qatar (Ratificación : 1976)

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 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system. The Committee had previously noted the Government’s indication that cooperation between the labour inspectorate and the justice system is carried out through an exchange of information, statistics and other data. The Committee notes with interest the information in the Government’s report on the existence of an office of the Ministry of Labour at the judicial courts to assist in the recording of court decisions to enable the inclusion of relevant statistics in the annual labour inspection reports as required by Article 21(e) of the Convention. The Committee notes the information in the annual labour inspection reports for 2012 and the first half of 2013 concerning the results of inspections (number of infringement reports, prohibition notices and orders to remedy infringements), but notes that it does not contain information on the number of infringements reported to the judicial authorities nor information on the number of labour law violations and the legal provisions to which they relate. The Committee would be grateful if the Government would ensure that in the future, the report on the work of the labour inspectorate also contains information on the number of infringements reported to the competent authorities, particulars of the classification of such infringements according to the legal provisions to which they relate, the number of convictions and the particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.)

Articles 5(a) and (b), 14 and 21(f) and (g). Cooperation and collaboration with other public entities and employers and workers in the area of Occupational Safety and Health (OSH). Notification and statistics of industrial accidents and cases of occupational disease and prevention of their recurrence. The Committee notes the Government’s indications that during the reporting period several meetings were held in the National Committee on OSH. As a result of these meetings, the list of occupational diseases was reviewed in accordance with international standards and progress was made with the formulation of a national OSH policy. It also notes that the annual labour inspection report for 2012 and for the first semester of 2013 now contain statistics on cases of occupational diseases. It notes however that the total number of cases of occupational diseases (20 in 2012 and 73 in the first half of 2013) appears to be very low in relation to the size of the workforce in the country. Furthermore, the total number of industrial accidents in the annual report for 2012 does not seem to correspond with the statistics provided in the annexes of the Government’s report. The Committee requests the Government to keep the ILO informed of the work of the National Committee on OSH and its impact on the implementation of the objectives of the Convention, as well as on its cooperation with the labour inspectorate. The Committee also once again requests the Government to ensure that statistics of cases of industrial accidents and cases of occupational diseases are used with a view to developing a relevant prevention policy.

In view of the low number of cases of industrial accidents and cases of occupational diseases in relation to the number of workers, the Committee requests the Government to describe the mechanism in place for the recording and notification of industrial accidents and cases of occupational diseases, and if applicable, on any measures taken or envisaged for their improvement.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. The Committee notes that the Government, in response to the previous requests by the Committee to amend section 7 of Ministerial Order No. 13 of 2005, indicates that this matter is still under examination.

The Committee once again requests the Government to take the necessary measures to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of Article 12(1)(a) of the Convention on this point so that, while being authorized to carry out inspections freely and without notice, labour inspectors may also be able to inform the employer in advance of their inspection or its purpose where they consider that such notification is useful or necessary, for instance, in order to ensure his or her presence or have access to particular documents. Please keep the ILO informed of any progress made in this regard.

Article 15(c). Obligation to treat as confidential the existence of a complaint. The Committee notes that the Government once again refers to the legal provisions which require labour inspectors to maintain confidentiality in relation to the author of a complaint giving rise to an inspection. In this regard, the Committee would like to recall that Article 15(c) not only requires labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, but also that they should not give any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that where an inspection is carried out in response to a complaint, the inspector is required not to give any intimation of the existence of such a complaint and may proceed to carry out an investigation in full discretion. Such a provision would have the effect of ensuring the protection of those lodging complaints from any reprisals by the employer or his or her representative.

[The Government is asked to reply in detail to the present comments in 2014.]