Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Emirats arabes unis (Ratification: 1982)

Autre commentaire sur C081

Observation

Demande directe

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Referring to its observation, the Committee wishes in addition to raise the following points.

Articles 2, 4, 10 and 11 of the Convention. Restructuring of the labour inspection system. In its previous report, the Government stated that three new administrations for labour inspection had been upgraded: the Workers’ Guidance Administration; the Occupational Safety and Health Administration; and the Labour Inspection Administration. The Committee requests the Government to provide in its next report information on the impact of this restructuring on the coordination and efficiency of the labour inspection services in the three areas mentioned, by submitting statistical data and organizational charts, as well as any other relevant report or document.

Articles 3(1)(a) and 2, 16 and 21(d). Main functions of the system of labour inspection. The Committee notes from the 2010 labour inspection report that the number of periodic inspection visits on labour legislation provisions has been gradually declining since 2008 (from 51,235 in 2008 to 45,980 in 2009 and 35,402 visits in 2010), while the number of visits to monitor employment conditions increased from 38,132 visits in 2008 to 107,594 in 2009; however, they decreased to 71,217 in 2010. The latter visits were carried out in the context of the Federal Act No. 8/2007 amending the Federal Act No. 8/1980 on the regulation of labour relations, as well as the Federal Act No. 7/2007 amending the Federal Act No. 6/1973 concerning the entry of foreigners into the country and their residence. The 2010 labour inspection report also states that joint inspections with the Ministry of the Interior and other relevant bodies were carried out with a view to implementing this legislation. The Committee notes that, it appears that, during the course of these visits, infringements of the legislation on employment, including with respect to working without a residents permits and illegal entry into the country, were noted in the case of 1,178 workers.

In paragraph 78 of its 2006 General Survey on labour inspection, the Committee recalled that, in accordance with Article 3 of the Convention, the primary duty of labour inspectors is to secure enforcement of the legal provisions relating to conditions of work and the protection of workers and that additional duties are assigned to labour inspectors only in so far as they do not interfere with their primary duties and infringe in any way upon their authority and impartiality, which is vital in their relations with employers and workers. The Committee also noted that the phenomenon of illegal employment, “clandestine work” or “illegal employment of foreign labour” is on the increase in many industrialized countries. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. With the exception of a few countries, only the employer is held accountable for illegal employment as such, with the workers involved in principle being seen as victims. However, where the workers concerned are foreigners residing illegally in the country, they are doubly penalized in that, in addition to losing their job, they face the threat of expulsion, if not actual expulsion. Nonetheless, the fact that labour inspection in general has the power to enter establishments without prior authorization allows it more easily than other institutions to put an end to abusive working conditions of which foreign workers in an irregular situation are often the victim, and to ensure that workers benefit from recognized rights. In these circumstances, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory right of all the workers concerned if it is to be compatible with the objective of the labour inspection.

The Committee would be grateful if the Government could: provide copies of the Federal Acts Nos 7/2007 and 8/2007; specify the nature and scope of the labour inspectorate’s activities with respect to monitoring the regularity of employment, including in relation to the situation of migrant workers; and provide details on the cooperation between the labour inspectorate and other bodies of the Ministry of the Interior. The Committee also asks the Government to specify the type of penalties imposed on workers in the context of the enforcement of this legislation.

The Committee requests the Government to provide information enabling it to assess the way in which it is ensured that the labour inspectorate’s activities to monitor the regularity of employment do not interfere with its primary duties under Article 3(1) of the Convention, which are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. In particular, the Committee requests the Government to describe the role played by the labour inspectorate and judiciary system to ensure the employers’ respect of their obligations towards migrant workers in an irregular situation, such as the payment of wages and other benefits due for the work carried out in the context of their employment relationship, including when these workers are liable to be deported or have already been deported. The Committee requests the Government to provide, to the extent possible, relevant statistics on this matter.

Recalling that, in its previous report, the Government stated that the Ministry of Labour had taken a number of decisions to facilitate the transfer to another employer for all categories of workers on the basis of a written report by the labour inspection department or by the labour office, the Committee would be grateful if the Government could provide statistical data on the decisions taken pursuant to this report and on transfers to another employer, including by migrant workers, that occurred in application of these decisions.

Finally, the Committee reiterates its request for the Government to provide statistics of infringements noted by the labour inspectorate of Ordinance No. 367 of 25 December 2002 issued by the Under-Secretary of the Ministry of Interior which prohibits the confiscation of the passport of any person resident on the territory of the United Arab Emirates without a judicial order.

Articles 3(1)(b), 5(a), 13, 14, 17, 18, 21(f) and (g). Activities of the labour inspectorate in the area of occupational safety and health. 1. Preventive activities, including in the building sector. The Committee notes that, according to the report of the labour inspectorate, there were 3,326 occupational accidents in 2010, of which 42 resulted in deaths. It also notes that the Occupational Safety and Health Directorate is responsible, among other things, for drafting standards and technical instructions with a view to guaranteeing the safety of workers, goods and the environment, and to prepare the strategic plan to promote occupational safety and health. For this purpose, the Occupational Safety and Health Directorate is strengthening its partnership with the parties concerned such as the Civil Defence, the Ministry of Health and municipalities. The Committee also notes from the 2010 labour inspection report that draft occupational health and safety standards in the building and construction sector are being prepared and will be submitted to the Council of Ministers. The Committee would be grateful if the Government could indicate the preventive measures taken by the labour inspectorate with a view to remedying defects observed in the plant, layout or working methods, including measures with immediate executory force, in the event of imminent danger to the health or safety of the workers.

Furthermore, the Committee requests the Government to keep the Office informed of any progress made in the adoption and implementation of the draft occupational safety and health standards in the building and construction sector, and to provide the relevant text as well as statistical data on their impact from the standpoint of the prevention of occupational accidents and the improvement of occupational safety and health conditions in this sector.

2. Activities aimed at implementing legal provisions. The Committee recalls that, in its previous report, the Government indicated that a Memorandum of Understanding had been signed by the Ministry of Labour and the Health Authority of Abu Dhabi to, inter alia, bring into conformity the working environment 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. This partnership was expected to ensure the flow of a large amount of data and information on private sector companies, which would help the Ministry in instituting legal proceedings against non-compliant companies. The Committee would be grateful if the Government could provide a copy of the Memorandum of Understanding with the Health Authority of Abu Dhabi, as well as statistics on the legal proceedings instituted against non-compliant companies, so as to illustrate the application of this Memorandum of Understanding and its impact on the improvement of occupational safety and health conditions.

The Committee would like the Government to indicate whether it envisages making this Memorandum generally applicable to the other Emirates in the country and, if so, to specify the measures taken in this respect.

3. The recording of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that the Ministry had the intention of ensuring a certain degree of collaboration and coordination in the process of registering occupational injuries in the context of the Memorandum of Understanding signed with the Abu Dhabi Health Authority. The Committee would like the Government to indicate the improvements brought about, as a result of this Memorandum of Understanding, in the process of recording occupational accidents and diseases.

Articles 5(a), 7(3) and 21(e). Measures to promote cooperation between the labour inspection services and judicial bodies. In its previous report, the Government indicated, in referring to its general observation of 2007 under the Convention, that coordination was under way with the Ministry of Justice and relevant judicial bodies to find a system for the registration of judicial decisions which would be made accessible to the officials and the central authority of the labour inspection system. Three offices in charge of labour relations had been set up at local courts in addition to the offices in each of the Dubai and Abu Dhabi courts, and a coordinating committee had been established between the judicial department in Abu Dhabi and the Ministry of Labour. The Committee would like the Government to indicate whether a system for the registration of judicial decisions accessible to the labour inspectorate has been introduced and to submit information on the activities of the coordinating committee set up between the judicial department in Abu Dhabi and the Ministry of Labour, as well as to report on their impact.

Referring to the statistics in the labour inspection report, revealing that 411 enterprises had committed infractions that were brought before the courts, the Committee asks the Government to provide information on the legal provisions concerned by these judicial proceedings, as well as on the follow-up to these cases, by sending a copy of the rulings and other relevant document in this respect.

The Committee notes that a training programme for labour inspectors was conducted at the Training and Judicial Studies Academy in 2009. It requests the Government to provide information on the impact of this training on the application of the criminal law tool and on the drafting quality of the reports on violations, and to state whether it is envisaged to repeat this training exercise periodically, especially for new inspectors.