Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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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Articles 3(1)(a) and 2, 16 and 21(d) of the Convention. Main functions of the system of labour inspection. Duties entrusted to labour inspectors in relation to the enforcement of immigration law. The Committee previously noted the information in the 2010 labour inspection report that joint inspections with the Ministry of the Interior and other relevant bodies were carried out with a view to implementing 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. It observed that these joint inspections noted violations related to workers engaged in work without a residence permit and illegal entry into the country.

The Committee notes the Government’s statement that the abovementioned legislation seeks to impose dissuasive penalties on employers who exploit workers who are in an illegal situation and therefore vulnerable. Penalties imposed on employers can include a fine, the closure of an undertaking and the revocation of the right to recruit workers. The Government states that the relevant legislation does not contain penalties on workers, including foreign workers who work without a work permit, workers whose residency permit has expired or workers who are working for an employer other than the employer authorized on their visa. However, the Committee notes that the Federal Act concerning the entry of foreigners into the country and their residence (as amended) provides for a prison sentence of up to three months and/or a fine, as well as deportation, for a foreigner with a visitor visa who engages in work or a person who works for an individual or enterprise other than the establishment for which their visa was issued (sections 11 and 34bis(2)).

The Committee notes the Government’s statement that there is full cooperation between the Ministry of Labour and the Ministry of Interior. If the Ministry of Interior detects employers who employ workers illegally, it will inform the labour inspectorate, which will verify if such workers have received their entitlements and been paid regularly. If the employer is found not to have paid, the labour relations officer will request that such payments be made, and if this does not happen, the case will be referred to a judicial authority, regardless of the workers’ residency status. The Government also indicates that, in 2011, there were 67 cases submitted by migrant workers with regard to passport confiscation, and that the courts ruled in each case that the passport should be returned to the worker, and required the enterprise to pay all fees and expenses. Taking note of the Government’s information, the Committee recalls that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. Accordingly, to be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. The Committee asks that the Government provide statistical information on action undertaken by the labour inspectorate and the judicial authorities related to the payment of wages and other benefits for migrant workers in an irregular situation, including when these workers are liable to deportation or have already been deported. The Committee also asks that the Government provide information on the institution or institutions responsible for the application of the Federal Act concerning the entry of foreigners into the country and their residence (as amended) outlining in particular the role, if any, of the labour inspectorate in the application of section 11 and section 34bis(2). In addition, observing from the 2012 annual labour inspection report that 49,926 joint inspections were undertaken, the Committee asks that the Government provide information on the aim of these inspections and the authorities involved.

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 (OSH). 1. Preventive activities, including in the construction sector. The Committee notes with interest the information in the Government’s report that the number of inspection visits performed by the Occupational Safety and Health Administration, to verify compliance with OSH regulations, more than doubled between 2007 and 2012. The Government also indicates that in 2012, 62 undertakings in Abu Dhabi were ordered to close for violations relating to OSH, 34 of which were subsequently permitted to resume operations after the problem was remedied. Concerning the construction sector, the Government provides information on enforcement and prevention activities undertaken, including inspection visits, awareness-raising campaigns and training courses for construction workers, particularly in remote areas (in a variety of languages), as well as for representatives of construction companies. The Government also indicates that upgraded draft OSH standards in the construction sector have been developed, and are awaiting adoption. The Committee asks that the Government provide a copy of the OSH standards in the construction sector, once adopted. It also asks that the Government provide information on the role of the labour inspectorate in the subsequent implementation of these standards, as well as information on the impact achieved with regard to the prevention of occupational accidents and the improvement of OSH conditions in this sector.

2. The recording of industrial accidents and cases of occupational disease. The Committee notes the information in the Government’s report that, in 2012, the Occupational Safety and Health Administration carried out 347 inspection visits to verify registers on occupational injuries, and that in Dubai 13 undertakings were subject to closure for violations relating to the registration of occupational injuries and accidents. However, the Committee notes that statistics relating to industrial accidents and cases of occupational disease are missing in the annual labour inspection report for 2012. In this regard, the Government also indicates that, within the framework of the Memorandum of Understanding signed between the Ministry of Labour and the Abu Dhabi Health Authority, a project is under way to electronically exchange information on compliance with OSH requirements at workplaces and registered occupational accidents and injuries at hospitals. Following this pilot phase, it is envisaged that relevant information systems in the other Emirates will be introduced. The Committee asks that the Government continue to provide information on the establishment of the abovementioned system for the electronic exchange of information concerning cases of occupational accidents and diseases. The Committee hopes that the establishment of this system will enable the Government to ensure that relevant statistics on industrial accidents and cases of occupational disease are included in the annual labour inspection report, in accordance with Article 21(f) and (g) of the Convention.

Articles 5(a), 7(3) and 21(e). Measures to promote cooperation between the labour inspection services and judicial bodies. The Committee notes the information in the labour inspection report of 2012 that a total of 199 cases were referred to the prosecution authority in 2012, with the large majority of these relating to the non-payment of wages (188 cases). The Committee also notes with interest the Government’s indication that a system has been finalized in order to allow electronic access for labour offices in charge of labour relations to the databases of courts and specialized prosecutions. The Government indicates that this system will allow officials at the Ministry of Labour, in the Emirates of Abu Dhabi and Dubai, to follow-up on cases that have been referred to the prosecution authority, as well as learn about the sentences imposed. The Committee asks that the Government provide information on the impact of this system on the activities of the labour inspectorate. It also asks that the Government provide information on the judicial proceedings undertaken, following the referral of the Ministry of Labour, including the legal provisions concerned and any follow-up initiated, as well as copies of relevant court cases. It invites the Government to continue to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Articles 20 and 21. Publication of an annual report on the work of the labour inspection services. The Committee takes due note of the 2012 labour inspection report submitted with the Government’s report, containing information on the number of inspections undertaken, measures taken to address violations and the number of cases submitted to the prosecution authority. The Committee asks that the Government take measures to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21(a)–(g), including on the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, as well as statistics on industrial accidents and cases of occupational disease, and data on violations detected and penalties imposed.