Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - Qatar (Ratification: 1976)

Autre commentaire sur C081

Observation

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Articles 4, 8, 10, 20 and 21 of the Convention. Reinforcement of the labour inspection system and publication of an annual labour inspection report. The Committee notes with interest that according to the Government’s report, in view of the importance of the labour inspection system and its significant role, the previous labour inspection body has been upgraded into a Labour Inspection Department by virtue of the Emir’s Order No. 35 of 2009 on the organizational structure of the Ministry of Labour. In accordance with section 10 of the abovementioned Order, the Labour Inspection Department is competent to: monitor the implementation of labour laws and the general plan for labour inspection; undertake periodic and surprise inspections to workplaces so as to verify the application of the Labour Code and its implementing orders; provide advice and guidance to employers on the manner of removing violations; address warnings and draft reports of violations and submit them to the competent bodies; carry out preventive supervision of private companies and undertakings in accordance with the Labour Code and its implementing orders; undertake an evaluation of the hazards resulting from the use of dangerous products at work in coordination with relevant public bodies; verify the observance of employers’ obligations regarding the payment of wages; and verify and follow up on the adoption of occupational safety and health measures. The Committee also notes from the Government’s report that the labour inspection department has, in addition to the main branch in Doha, four branches distributed in the various regions so as to cover the entire territory of the country and achieve a balance in the inspection staff across undertakings.

The Committee also notes, however, once again, that an annual labour inspection report has not been received at the ILO. While taking due note of the brief statistical data provided by the Government in the annex to its report, the Committee once again recalls the importance that it attaches to compliance with the obligation of the publication and communication by the central inspection authority, within the time limits set out in Article 20, of an annual report containing useful information on each of the items covered by Article 21. Indeed, assessment of the level of application of the Convention is only possible where, in addition to legislative information, the Committee also has access to precise information on the application of the legislation in practice. Presented as suggested in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), (inspection staff, workplaces liable to inspection, persons employed therein, statistics of inspection visits, violations, penalties imposed, industrial accidents and occupational diseases), such information would shed light on the operation of the labour inspection system in relation to the requirements of the Convention and would enable the central authority to determine priorities for action and the corresponding resources. The Committee also emphasized in its general observation of 2010 that when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee would be grateful if the Government would provide an organizational chart of the new Labour Inspection Department and specify the number of labour inspectors and their geographical distribution as well as their technical area of competence. Please also indicate whether the labour inspectorate includes women inspectors, and if so, provide information as to any specific duties entrusted to them.

The Committee once again requests the Government to indicate the measures taken or envisaged so that the central labour inspection authority publishes and communicates to the ILO, within the time limits set out in Article 20, a report on the activities undertaken by the services placed under its control and supervision, containing the information required by Article 21, and presented in so far as possible in the manner indicated in Paragraph 9 of Recommendation No. 81. As long as such a report is not published, the Committee requests the Government to indicate the obstacles in this regard and measures taken to address them and to provide detailed information and statistical data necessary in order to enable the Committee to appraise the activities carried out by the Labour Inspection Department in practice.

With reference to its general observation of 2009 concerning the importance of establishing and updating a register of workplaces liable to labour inspection, containing information on the number and categories of workers employed therein (Article 21(c)), the Committee particularly requests the Government to ensure that measures are taken to ensure that such a register is set up through inter-institutional cooperation and that relevant information is published in the annual labour inspection report to allow for the assessment of effective coverage of the inspection system in relation to the industrial and commercial workplaces liable to inspection. It would be grateful if the Government would provide information on any progress achieved in this respect.

Articles 5(a) and 21(e). Effective cooperation between the labour inspectorate and the justice system. With reference to its general observation of 2007 in which it emphasized the value of effective cooperation between the labour inspectorate and the justice system, the Committee recalls from the previous report of the Government that such cooperation is carried out through an exchange of information, statistics and other data between the inspectorate and the High Judicial Council. In its latest report, the Government provides statistical information on the number of cases referred to the judicial authorities, which amounted to 333 in 2010 and 100 during the first trimester of 2011, and concerned primarily delays in the payment of wages and benefits. The Committee requests the Government to indicate the results of these judicial proceedings and to indicate any further measures taken or envisaged to reinforce the cooperation between the labour inspection and the justice system, for instance, through the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate to enable the central authority to make use of this information in pursuance of its objectives and to include it in the annual report in accordance with Article 21(e).

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 OSH. Notification and statistics of industrial accidents and cases of occupational disease and prevention of their recurrence. The Committee notes with interest section 1 of the Order of 2011 adopted by the Council of Ministers which establishes the National Committee for Occupational Safety and Health (OSH). It notes that this Committee is composed of representatives from the Ministry of Labour, the Ministry of the Interior (Public Department for Civil Defence), the Ministry of the Municipality and Urban Planning, the Ministry of the Environment, the General Secretariat of the Council of Ministers, the Supreme Council for Health, the Qatar Petroleum (Department for Health, Safety and Environment), the Public Authority for Public Works, representatives acting on behalf of employers selected by the Chamber of Industry and Trade and one or more representatives acting on behalf of workers. Pursuant to section 3 of the Order, the Committee is competent to: propose a national policy as well as a national programme and system for OSH; examine the reasons for industrial accidents and cases of occupational disease and propose the means which could stop their occurrence in the future; propose and revise OSH regulations and rules; propose mechanisms for the implementation of laws and regulations related to OSH; provide advisory services in the field of OSH; review the requirements for insuring against industrial accidents and cases of occupational disease; undertake studies and research related to OSH; and examine the conventions and recommendations related to OSH and make recommendations in this regard.

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. Please also indicate the way in which the labour inspectorate cooperates with the National Committee.

Recalling from the previous report of the Government that statistics of industrial accidents were presented under various criteria including the nationality of the victims, the age group, cause of the accident, part of the body injured and the resulting incapacity rate, the Committee would be grateful if the Government would indicate the conclusions drawn and follow-up action taken in relation to these criteria.

The Committee also once again requests the Government to provide any available statistics of cases of occupational diseases and to ensure that such statistics are included in the annual labour inspection report and are used with a view to developing a relevant prevention policy. It would be grateful if the Government would provide information in its next report on any progress achieved in this respect and on any measures adopted or envisaged to ensure the follow up, through cooperation with other receiving countries in the region, of cases of occupational diseases among migrant workers, who make up the majority of the workforce engaged in workplaces liable to inspection.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. In its previous comment, the Committee requested the Government 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. The Government indicates that section 7 of Ministerial Order No. 13 of 2005 provides that no prior notice of an inspection visit shall be authorized under any circumstances and that upon entering the undertaking to carry out inspection duties, a labour inspector is required to notify the employer or his representative unless the inspector is of the view that the notification may harm his duties. According to the Government, this provision is in full conformity with Article 12(1) and (2).

The Committee once again recalls that as indicated in paragraph 267 of its 2006 General Survey on labour inspection, the fact that the instruments provide that inspectors should be authorized to enter workplaces without previous notice does not mean that, where deemed useful or necessary by the inspector, the employer or his or her representative cannot be informed of the time and purpose of the inspection (i.e., in advance). The Committee requests the Government to take all 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 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 once again the information provided by the Government on the legal provisions which require labour inspectors to maintain confidentiality in relation to the author of a complaint giving rise to an inspection. 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 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 representative.