Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 3, paragraphs 1(a) and 2, and Articles 17, 18 and 21(e) of the Convention. The Committee notes that the amendments made by Legislative Decree No. 8 of 2007 to sections 181 and 182 of Law No. 8 of 1980 on the regulation of labour relations are essentially concerned with increases to fines for infringements of the legal provisions relating to the conditions of employment of migrant workers, particularly women and young workers, and also with obligations towards them in cases where an enterprise ceases to operate. It also observes that the statistical tables concerning the work of the inspection services presented in accordance with a variety of criteria do not relate to the legal provisions concerning conditions of work (wages, working hours, overtime, holidays, weekly rest, occupational safety and health, etc.), even though these are covered by the Convention and come within the competence of labour inspectors pursuant to the abovementioned Law. Consequently, the Committee does not have any data at its disposal to enable it to evaluate to what extent the Convention is being applied. The Committee hopes that the reinforcement of the labour inspection staff and resources, and also the implementation of innovative labour inspection methods announced by the Government in its report received in October 2007, will enable the Government to take steps rapidly to ensure that labour inspectors perform the duties defined by the Convention and Law No. 8 of 1980 in order to ensure as a priority, as provided for by Articles 2 and 3, paragraph 1(a), of the Convention, observance of the provisions relating to conditions of work and the inclusion of relevant information and statistics in reports on the work of the labour inspectorate, in accordance with Article 21(e). It hopes that the Government will supply precise and detailed information on the nature of such measures and also on their implementation in practice.

Article 5(a). Cooperation of the judicial bodies in achieving the aims of the Convention. In its report received in October 2008, the Government indicates that measures taken to promote such cooperation include training activities organized with the Public Prosecutor’s Office for the benefit of labour inspectors at the Judicial Training and Studies Institute connected with the Ministry of Justice. The Committee notes that the document referred to by the Government to illustrate this cooperation is concerned with basic training subjects required by new inspectors to perform their duties (situational analysis; productivity at work; teamwork; creative reflection; police administration; further training; time management). The Committee would be grateful if the Government would send a copy of the document to which it refers with regard to the implementation of legal powers exercised by labour inspectors.

Articles 13, 14, 17, 18 and 21(g). Controls and statistics in the area of occupational safety and health. With reference to its request in the observation concerning statistics of occupational accidents and diseases, and also concerning Order No. 408, the Committee notes that, according to various sources, even though no figures are available, workers on building sites and engaged in public works are exposed to huge risks and the rate of fatal accidents is very high. These accidents occur not only on worksites but also during travel and as a result of sunstroke. The Committee would be grateful if the Government would supply further details, illustrated with statistics as far as possible, of the work of the labour inspectorate in the area of prevention and punishment of infringements to the relevant legislation. It requests the Government in any case to take steps to ensure that the labour inspectorate rigorously enforces safety and health requirements (regarding scaffolding, mobile plant and lifting machinery, cranes, safety helmets, masks, boots and suitable clothing, hours of work, exposure to the sun, rehydration, etc.). Also drawing the Government’s attention to the guidance contained in Parts I and II of Recommendation No. 81 on possible methods of prevention and cooperation with employers and workers to this end, the Committee requests the Government to keep the ILO informed of all developments in this regard (legal provisions, activities and results).

Article 16. Frequency and coverage of inspection visits in workplaces liable to inspection. According to the statistics for 2007 relating to inspection visits by emirate and by number of workers covered, the Emirate of Dubai has the largest workforce (4,814 workers). However, it accounts for 15 per cent of the total number of inspections (figures Nos 61 and 62). Over the same year, over half of these establishments were ordered to suspend their activity (figure No. 63) and the suspension was lifted in the cases of 1,401 of them. The Committee would be grateful if the Government would supply further details to enable it to interpret these data, particularly as regards: (i) the reason for the low number of inspections in workplaces situated in the Emirate of Dubai in relation to the number of workers covered; and (ii) the number of workers employed in workplaces whose activities were suspended in 2007 in the same emirate, and also the consequences of this suspension on the rights of workers who are, or were, employed there.