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

With reference to its previous comments, the Committee notes with interest the information and documentation relating to the following provisions of the Convention and specific issues.

Article 3(2) of the Convention. Lightening of additional functions entrusted to labour inspectors in the framework of disputes settlement. The Government indicates that the transfer of the department which examines workers’ conflicts to the Ministry to the Workers’ Abu Dhabi Court was to be effective beginning 2010.

Articles 5(a) and 21(e). Measures aimed at promoting cooperation between the labour inspection service and the judicial system. The Ministry of Labour held several meetings with the judicial bodies to facilitate the procedures of referring work-related criminal cases, which impact on workers’ rights, set up a mechanism to regulate the referral of lawsuits by the Ministry of Labour against undertakings found in violation, and resolve the violations notified by the labour inspectorates. According to the Government this step has enabled the labour inspectorate to refer cases without administrative complications and contributed in deciding on cases of an urgent nature.

Moreover, to implement the guidelines on the development of the adjudication mechanisms, the Ministry of Labour set up three new offices in charge of labour relations at local courts in addition to the offices in each of the Dubai and Abu Dhabi courts. A coordinating committee has been set up between the judicial department in Abu Dhabi and the Ministry of Labour to, notably, help judges and labour officials obtain all the relevant information on workers’ cases. In the context of cooperation with the judicial department in Abu Dhabi, the first programme for the training of labour inspectors was held from 1 to 9 March 2009 at the Training and Judicial Studies Academy, attached to the department. Eighteen inspectors and legal researchers participated.

Referring to its general observation of 2007 under the Convention, the Committee notes that, according to the Government, coordination is under way with the Ministry of Justice and relevant judicial bodies to find a system for the registration of judicial decisions which will be made accessible to the officials and the central authority of the labour inspection system.

Articles 7(3) and 8, 10, 11, 20 and 21. Restructuring of the labour inspection system. Training of labour inspectors and material facilities available for the performance of their functions. According to the Government, three new administrations for inspection have been upgraded: the Workers Guidance Administration; the Occupational Safety and Health Administration; and the Labour Inspection Administration.

The Workers Guidance Administration is responsible for making workers aware of the measures taken by the Ministry and work policies by undertaking field visits to this effect, as well as providing advice and counselling to employers and workers and residents through the media and convene symposia, and orientation lectures in collaboration with other administrative units at the Ministry. It is also responsible for preparing booklets, newsletters and special guiding materials related to inspection, labour laws and policies, and their dissemination through official communication channels.

The Occupational Safety and Health Administration is responsible for the formulation of plans, standards and technical instructions and rules which are to be observed in the area of occupational safety and health, the recording of violations of occupational safety and health and the adoption of measures to prevent diseases and injuries by participating in medical arbitration committees, carrying out periodic inspections of various types of undertakings and workplaces liable to inspection, providing protection from occupational injuries, monitoring the requirements and standards of workers’ accommodation and occupational safety, and raising awareness among workers through various means. In addition, training programmes and courses for the qualification of labour inspectors at the Ministry continue to be organized. In November 2009, the training concerned judicial enforcement; the labour code; criminal proceedings; application of penal sanctions; alternatives to conflict resolution; problems encountered by inspectors; and ethics of inspectors.

The labour inspection administration is responsible for supervising the application of the federal law which relates to regulating labour relations and the orders putting it to effect, in addition to following up on workers, and investigating the violations committed by undertakings and workers. It is responsible for carrying out various types of inspection visits in accordance with set deadlines so as to ensure a continued revision of the extent of observance by undertakings of the application of the provisions of the law in collaboration with various government bodies. It also prepares reports and statistics related to the administration. According to the Government, the Labour Inspection Administration relies in its work on report forms designed specifically for this purpose so as to regulate the work of the inspection system, and to ensure that labour inspectors carry out their duties as set out in the Convention.

In reply to the Committee as to the reason for the decrease in the number of inspection visits in the Emirate of Dubai, the Government indicates that this was due to the three-month training course which started in October 2007 and was followed by all 84 employees of the inspection department. In 2008, the number of inspections increased from 14,000 to 27,895 in Dubai, after the completion of the training.

Article 3(1)(a). Control of the legal provisions relating to working conditions, accommodation, living and transport for lower skilled workers. The Committee notes the indication by the Government that the guidelines of November 2006 which specify the need to provide decent living conditions to migrant workers, to construct model housing complexes and provide appropriate transportation means between workplaces and workers’ accommodation are mandatory and that their implementation has improved, to a large extent, the migrant workers’ accommodation and transportation facilities to and from their work. The step taken to refuse to grant reluctant employers collective labour contracts unless a clear commitment to providing suitable accommodation to workers is proved, has been very efficient to this end. Order No. 13 of 2009 issued by the Council of Ministers relating to the manual on general standards for workers’ housing, contains relevant provisions. According to the Government, such standards were prepared by the bodies responsible for workers’ accommodation in the State, and specialized advisory offices in accordance with relevant best practices and international standards.

Moreover, in an increasing number of workers’ residence complexes, which have been built to match the increase in the rates of demand on manpower and are run by private sector undertakings under the supervision of the local government of the Abu Dhabi Emirate, the role of labour inspectors now lies in verifying the application of the conditions and criteria which have been introduced in order to ensure the health and safety of the inhabitants of the residence complexes. The occupational safety and health section of the inspection unit inspects workplaces and workers’ accommodation in order to verify the extent of conformity with relevant standards, investigates occupational accidents and provides expertise and knowledge in these fields.

Specific protection of workers exposed to direct sunshine and dehydration. In reply to the previous Committee’s request, the Government states that suitable means of transportation have been provided between workers’ accommodation and their workplaces in order to put into effect the Order issued by the Undersecretary of the Ministry of the Interior in 2004, which prohibits the transportation of workers on board open vehicles or modified cargo vehicles of all types and sizes. These vehicles were identified as main causes for the increased rate of injuries and deaths of workers.

The Committee also notes the statistical information provided by the Government on violations of Order No. 408 of 2007 which regulates work in the sun during the months of July and August for the period 2007–08 and a copy of Ministerial Order No. 587 of 2009 which relates to determining the hours of work for the tasks carried out in the sun, and in open air places, and the Government’s statement that the number of undertakings found in violation has significantly decreased thanks to the increase of inspection visits.

Workers’ right to transfer to another employer. The Government communicates, in reply to the previous Committee’s request, copies of Ministerial Order No. 634 of 2008 which amends some provisions of Ministerial Order
No. 826 of 2005 to facilitate the transfer of the sponsorship of all categories of workers on the basis of a written report of the labour inspection department or by the labour office, as well as a number of other texts out of which Ministerial Order No. 788 of 2009 obliges undertakings to transfer workers’ wages through banks, currency exchange companies and financial institutions equipped to operate through a wages protection system (WPS). The latter is a system which was developed by the Central Bank of the United Arab Emirates, equipped with a technique which authorizes the Ministry of Labour to monitor all the data related to workers’ wages so as to give a warning to undertakings which are late in the disbursement of workers’ wages.

Article 15(c). Confidentiality relating to complaints and their source. In the above context, the Government refers to a service called “a salary system” which is an electronic system allowing workers in the private sector to notify the delay with which undertakings where they are employed pay their wages in relation to set deadlines, and notify the Ministry of illegal deductions or the failure to add overtime hours, without revealing the identity of the plaintiff, so as to keep the worker in his/her job, and to ensure continuity of the employment relationship. Labour inspectors verify the soundness of the complaint as well as the identity of the plaintiff before carrying out the workplace inspection and then adopt the necessary measures without revealing the identity of the person who submitted the complaint. On that occasion, the inspectors also verify the situation of the rest of the workers of the undertaking at fault so as to hide that the visit was performed following a complaint.

Articles 14 and 21(f) and (g). Notification of, and statistics on, employment accidents and cases of occupational disease. In reply to the Committee’s previous observation on the lack and imprecision of statistics on employment accidents and the importance of establishing a formal mechanism for the communication to the labour inspectorate of industrial accidents and cases of occupational disease, the Government refers to Ministerial Order No. 32 of 1982 and to a Memorandum of Understanding signed by the Ministry of Labour and the health authority of Abu Dhabi to promote the working environment in accordance with the most updated occupational safety standards and to reinforce cooperation with respect to occupational health, safety activities, prevention, as well as to monitor damage and injuries related to work in Abu Dhabi. The instrument also seeks to ensure an exchange of data and statistics on occupational-related diseases, damage and injuries at the workplace, occupational health, injuries and medical care in emergencies, medical care services, medical treatment and clinical results, as well as an evaluation of the extent to which this data coincides. Each undertaking occupying over 15 workers will be obliged to submit a register on occupational injuries and diseases according to the law. The partnership with the health authority is expected to ensure the flow of a large number of data and information on private sector companies, which will help the Ministry in instituting legal proceedings against non-compliant companies. It will also seek to ensure a certain degree of collaboration and coordination in the process of registering occupational injuries between the Ministry of Labour and the authority.

Articles 17 and 18. Dissuasive effect of legal proceedings and penalties applied against employers who are in violation of the legal provisions enforced by labour inspectors. In its previous comments, the Committee noted the indication by the Government that daily newspapers publish the identity of those undertakings which violate the legal provisions relating to certain areas of conditions of work. It notes in this regard, the communication of a copy of the UAE Gazette, dated 25 July 2007, whereby 201 names of such offenders are mentioned. The Government also mentions other legal provisions relating to conditions of work and the protection of workers in industrial and commercial establishments and refers again in this regard to the possible refusal to authorize the conclusion of any new labour contract by an undertaking in violation or the eventual transfer of the sponsorship of its workers. It states that these measures led to more attention being paid by undertakings to the observance of the provisions of the law because of the consequences of a cessation of transactions with them and the refusal of new work permits for the recruitment of workers indispensable to the running of their activities. In 2008, 7,083 undertakings were stopped.

However, it is also intended to launch an annual labour prize to reward undertakings which observe the legal provisions relating to conditions of work and the protection of workers.

Noting that no annual report on labour inspection activities has been received at the ILO to allow for an assessment of the application, in practice, of the new provisions referred to by the Government, the Committee would be grateful if the Government would take the necessary measures to ensure, according to Articles 20 and 21 of the Convention, that such annual report is published soon and that it contains all relevant information. It recalls that guidance is provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the appropriate manner in which the requested information could be disaggregated.

In addition, while noting the communication of a copy of Order No. 367 issued by the Undersecretary of the Ministry of Interior on 25 December 2002, which prohibits the confiscation of the passport of any person resident on the UAE territory without a judicial order, the Committee would be grateful if the Government would provide statistics of infringements of this Order.