Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

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

Otros comentarios sobre C081

Observación

Solicitud directa

Visualizar en: Francés - EspañolVisualizar todo

Complaint under article 26 of the ILO Constitution concerning non-observance of the Forced Labour Convention, 1930 (No. 29), and the Labour Inspection Convention, 1947 (No. 81)

The Committee notes that, at the 103rd Session of the International Labour Conference (ILC) in June 2014, a complaint was filed against the Government of Qatar relating to the violation of Convention No. 29 and Convention No. 81 under article 26 of the International Labour Organization (ILO) Constitution. The complaint was declared receivable at the Governing Body’s 322nd Session (November 2014). It alleges that the problem of forced labour affects the migrant worker population of roughly 1.5 million, indicating that the Government fails to maintain a legal framework sufficient to protect the rights of migrant workers and to enforce the legal protections that currently do exist. In this regard, the complaint states that the country’s labour inspection and justice system had proven highly inadequate in enforcing the few rights that migrant workers do have under Qatari law. The complaint indicates that the inspectorate had few staff, who were unable to speak the languages of most workers, and that inspectors have little power to enforce findings and fines are far from dissuasive or in some cases non-existent. The complaint further stated that the available complaints mechanisms were ineffective.

At its 325th Session (November 2015), the Governing Body examined reports submitted by the Government. It decided to request the Government to receive a high-level tripartite visit before the 326th Session (March 2016), to assess all the measures taken to address the issues raised in the complaint. It also requested the Government to avail itself of ILO technical assistance to support an integrated approach to the annulment of the sponsorship system, the improvement of labour inspection and occupational safety and health systems, and giving a voice to workers. The Governing Body decided to defer further consideration on the setting up of a commission of inquiry until its 326th Session (March 2016).

Articles 10, 12(1)(c)(i) and (ii), and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted the Government’s indication that it had increased the number of labour inspectors from 200 to 227 inspectors from June to September 2014, and that the number of migrant workers in the country had risen to 1.7 million, which constituted a challenge for labour inspection. The Committee further noted that in 2014 the Special Rapporteur on the human rights of migrants, expressed regret concerning the insufficient number of labour inspectors who are not in a position to investigate thoroughly the working conditions or living conditions in labour camps, due to their small numbers and the lack of interpreters (A/HRC/26/35/Add.1).

The Committee notes the statement in the report of the high-level mission to Qatar in February 2015, submitted to the Governing Body in March 2015, that challenges remained with respect to the capacity of the labour inspectorate to detect various irregularities, borne out by the relatively small number of violations detected in comparison to the large number of migrant workers in the country, and that the capacity of the labour inspectorate needed to be expanded in order to detect irregularities in smaller companies (GB.323/INS/8(Rev.1), Appendix III)). The Committee also notes that the Committee on the Application of Standards (CAS) of the ILC, in its conclusions adopted concerning the application of Convention No. 29 in 2015, urged the Government to continue to hire additional labour inspectors and to increase the material resources available to them in order to carry out labour inspections, in particular in workplaces where migrant workers are employed.

The Committee notes the Government’s indication in its report that the number of labour inspectors has increased to 295. The Government indicates that every inspector is required to visit 40 undertakings or workplaces liable to inspection every month. The carrying out of this number of inspections is facilitated by the close distance between workplaces and by the use of handheld tablets which facilitate the preparation of reports on each inspection visit. The Committee further notes from the information provided by the Government to the Governing Body in November 2015 that the inspectorate undertook 22,601 inspection visits between January and August 2015, and an additional 12,596 inspections were undertaken on occupational safety and health (OSH). Of the regular labour inspection visits, 83 per cent were found to be “acceptable”, and no subsequent action was taken (GB.325/INS/10(Rev.), Appendix II). The Committee further notes the Government’s statement to the Governing Body that it hopes to increase the number of inspectors to 400.

The Committee notes the observations of the International Trade Union Confederation (ITUC) submitted under Convention No. 29 and received on 1 September 2015, that although the number of labour inspectors increased from 200 to 294, this number remains insufficient as it is clear that there exist a large number of workplaces that have yet to be inspected, or inspected properly. The Committee requests the Government to continue its efforts to recruit an adequate number of labour inspectors in relation to the number of workplaces liable to inspection, and to ensure sufficient coverage of all workplaces, including smaller workplaces. Moreover, noting that the outcome of most inspections was no further action, the Committee requests the Government to take steps to ensure that workplaces are inspected as thoroughly as is necessary to secure the effective application of the legal provisions relating to conditions of work and the protection of workers. Lastly, the Committee once again requests the Government to provide information on the average length of time spent by inspectors on each inspection, the average number of workers on-site, as well as the nature of records reviewed.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that the Government had commissioned a report on migrant workers in the country which recommended bolstering the powers of inspectors, who were currently only able to issue recommendations and did not have the power to issue sanctions, and improving coordination with the justice system to prosecute violations.

The Committee notes the Government’s indication in its report that, to support cooperation between the labour inspectorate and judicial authorities, a permanent office was set up to facilitate the process of prosecuting labour cases. The Committee notes the Government’s indication in its report submitted to the Governing Body in November 2015 that inspectors have the power to draw up infringement reports. No penalty is applied following the drawing up of that infringement report. Instead the report is submitted to the courts for further action (GB.325/INS/10(Rev.), Appendix II). In this regard, the Committee notes the information submitted with the Government’s report on the number of cases brought in that regard between January and April 2015. It notes that, during this period, in which more than 4,000 monthly inspections were undertaken, 118 cases were referred to court. Proceedings were not initiated in 76 of those cases, and only 42 cases were brought forward. The Committee therefore observes that the outcome of approximately 17,500 inspections undertaken between January and April 2015 was the possible imposition, pending the decision of the court, of a penalty in 42 cases. In addition, recalling that Article 18 of the Convention provides that adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced, the Committee notes with concern that once again, the Government provides no information on the specific penalties applied in the cases for which decisions have been handed down by courts. The Committee therefore urges the Government to take steps to ensure that violations of the legal provisions enforceable by labour inspectors are subject to adequate penalties that are effectively enforced. It requests the Government to strengthen the effectiveness of enforcement mechanisms, including steps to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with judicial authorities. Noting that most infringement reports do not result in legal proceedings, the Committee requests the Government to indicate the reason that those so referred did not result in cases being brought forward. In addition, the Committee once again requests the Government to provide information on the specific penalties applied in the cases for which judgments are handed down. It further requests the Government to ensure that the information provided on violations detected and penalties applied indicate the legal provisions to which they relate, including with respect to passport confiscation, conditions of work, and timely wage payments.

Articles 7 and 8. Recruitment and training of labour inspectors. The Committee notes that the report of the high-level mission to Qatar in February 2015 identified the ability to communicate with workers as a challenge facing the inspectorate, and stated that intensive and ongoing training of labour inspectors should be pursued.

The Committee notes the annual training plan for labour inspection, submitted with the Government’s report. The objectives of this plan include: the development of knowledge of labour law provisions; the development of skills in the drafting of infringement reports; and ensuring that both new and existing inspectors are qualified and well trained. The training system is composed of three stages, consisting of two-week long courses, in which 15 to 20 inspectors can participate. The courses relate to a number of subjects, including OSH, various specific occupational hazards, the provisions of the Labour Law, fire prevention and statistics. It also notes the Government’s indication that it has appointed 43 female labour inspectors, representing an increase to 14.5 per cent of staff, from 8 per cent noted in 2014. The Government also states in its report that a few interpreters have been appointed in the Labour Inspection Department, and that if there is a need for an increased number the Government will provide them. However, the Committee observes that the Government does not indicate the number of interpreters that have so far been hired.

The Committee notes that the ITUC observations state that it is unclear whether the inspectors have the training and the resources to complete their tasks. The Committee requests the Government to take the necessary measures to ensure the recruitment of labour inspectors and interpreters able to speak the language of migrant workers, and to provide information on the number of inspectors and other staff hired in this regard. Noting the number of recently hired inspectors, the Committee requests the Government to continue to take steps to ensure that new inspectors are adequately trained for the performance of their duties. In this regard, it requests the Government to provide detailed information not only on the training planned for the future, but on the training that has been provided to labour inspectors, including the number of inspectors and the courses concerned. It further encourages the Government to pursue its efforts to increase the number of female inspectors.

Articles 5(a), 14 and 21(f). Labour inspection in the area of OSH. The Committee previously noted that during the discussion on the application of the Convention at the CAS in 2014, several speakers indicated that strengthening labour inspection would contribute to protecting OSH of migrant workers in the country, particularly in the construction sector where there had been several fatal occupational accidents. The Committee also noted that, although the Government provided information on the notifications received concerning occupational injuries which resulted in disability, no information had been provided on any fatal occupational accidents.

The Committee notes the information provided by the Government to the Governing Body in November 2015 that it has established a new department on OSH at the Ministry of Labour and Social Affairs (GB.325/INS/10(Rev.), Appendix II). This department is charged with, among other tasks, registering occupational accidents, undertaking OSH inspections and referring any undertaking found in violation to the competent bodies to take the necessary measures. It also notes the information on the number of OSH visits undertaken between January 2015 and August 2015, indicating that 41 per cent of OSH inspections resulted in a warning to remedy an infringement, and that undertakings were subject to follow-up inspections (12,596 OSH inspections were undertaken in 3,391 undertakings). The Committee notes an absence of information, in the reports provided by the Government, on the number of industrial accidents in the country, and notes that the Government has not provided the information requested on the number of fatal occupational accidents. The Committee requests the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH, particularly in the construction sector. It also requests that the Government take measures to ensure coordination between labour inspectors and inspectors in the occupational safety and health department, and to provide information on the specific steps taken in this regard. The Committee further requests the Government to take the necessary measures to ensure that the labour inspectorate is notified of all industrial accidents, and that relevant statistics, including on fatal occupational accidents, are included in the annual report on labour inspection and which shall be communicated to the Office.

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