Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

With reference to its previous comments whereby it welcomed a number of positive actions to strengthen the functioning of the labour inspection system, the Committee notes from the Government’s report received in August 2010, information on the progress made in the areas mentioned as well as on further developments in other issues.

Articles 17 and 18 of the Convention. Application of sanctions and incentives in order to ensure the application of the legal provisions covered. The Committee notes with satisfaction that, along with the strengthening of legal proceedings against employers in breach of legal provisions relating to the matters covered by the Convention, blacklists are now published and the enterprises concerned are refused bank guarantees, while undertakings which offer better conditions of work and services to their employees are included in a golden list which helps them obtain bank guarantees. According to the Government, such measures contribute in a significant manner to improvement of migrant workers’ conditions of work.

Articles 5(a) and 21(c). Establishment of a register of workplaces in cooperation with other public bodies. With reference to its 2009 General Survey, the Committee notes with interest  the establishment of a comprehensive computerized database of all undertakings liable to inspection. It further notes that a comprehensive survey is currently being undertaken of all undertakings in the Kingdom in collaboration with the Public Statistics Agency and the Social Security Agency.

Cooperation with other public bodies and institutions to improve the conditions and terms of employment. The Committee notes the participation of the labour inspectorate in a number of committees such as: the Quadripartite Technical Committee on health, social security, and vocational training; a Committee on the Prevention of Industrial Risks (Amman secretariat for industry, trade, health); the Tourism Committee (inspection of industrial undertakings) and with, among others, the Ministries of Interior and Tourism; the Public Agency for Food, Medicine, and Health; the Joint Security Committee for the inspection of migrant labour with the Ministry of Labour and Public Security; and a National Committee for the Establishment of a Child Labour Framework (with health, education and social development authorities; the International Housing Foundation; and the National Council for Family Affairs).

Cooperation with the justice system. The Committee notes with interest that cooperation established between the labour inspectorate and the judicial bodies through following up on procedures and sentences handed down with respect to undertakings found in violation is also under way with guidance provided by the decisions of the court of cassation with respect to the interpretation of some legal texts. The Government also indicates that the labour inspectorate is requested by the courts to collaborate by proposing an estimate of compensation for occupational accidents in addition to giving testimony with respect to objections raised against the citations initiated by labour inspectors.

Articles 7, 9 and 10 of the Convention. Strengthening of the resources of the labour inspectorate. During 2008–09, the number of labour inspectors has been increased by 75, including 30 specializing in occupational safety and health, while others are lawyers and engineers, which brings their total number to 139 distributed across all regions of the Kingdom. The number of executive staff and support also increased through hiring of computer data clerks and drivers.

A special centre was set up aimed to train and to develop labour inspectors’ skills through holding specialized courses in the area of their work, and information on the experiences of other countries in certain areas of labour inspection such as child labour, human trafficking and occupational safety and health standards. The Government mentions several courses on different issues (more than 100 inspectors were trained on handling cases of child labour; 90 inspectors were trained on identifying the manner of handling cases involving victims of trafficking; several courses were held on training inspectors on inspection of working conditions, and the manner of maintaining legal texts, and their application on the ground; courses on international Conventions ratified and computer and English language courses).

Moreover, a special methodology for inspection was adopted by formulating a working manual and operational procedures for the inspection process on which inspectors were trained, including on the manner of using the special forms annexed to the manual. These forms are available to labour inspectors through electronic equipment.

Article 16. Effectiveness of inspection visits in particular areas. The Committee notes that repeated visits are carried out in workplaces and accommodation quarters of migrant workers during periodic visits at daytime, and even at night to verify the observance of the working conditions of women. The Committee would be grateful if the Government would continue providing information on any development in the functioning of the labour inspection system and, in particular, the impact in the field of the abovementioned measures in terms of respect of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, including migrant workers.

While noting with interest the communication of the annual report on the labour inspection activities for 2009, the Committee would be grateful if the Government would ensure that such a report is published in the future and that the information and data it contains are broken down, in so far as possible, in the manner indicated in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Part IV of the report form of the Convention. The Committee notes the indication by the Government of difficulties in the application of the Convention of a financial and logistical nature as well as the numbers and qualifications of the labour inspection and support staff. The Committee understands that the Government envisages the strengthening of logistics and material support and provision of rehabilitation programmes and courses in order to raise the capacities of inspectors. It also calls on projects to support inspection staff with the ILO and international organizations competent for labour inspection. The Committee strongly encourages the Government to undertake measures to these ends and asks it to keep the ILO informed on any progress achieved.