Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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) and (2) of the Convention. Duties entrusted to labour inspectors in relation to workers in an irregular situation. In its previous comments, the Committee noted that the labour inspectorate had carried out joint inspections with the Ministry of the Interior and other relevant bodies, in the course of which violations were detected concerning work without a residence permit and illegal entry into the country. It noted that sections 11 and 34bis(2) of the Federal Act concerning the entry of migrants 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 without 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.

The Committee notes the Government’s reply in response to the Committee’s request for information on the institutions responsible for the application of the abovementioned provisions of the Federal Act, namely the Ministry of the Interior with its different police units that is responsible for the application of sections 11 and 34bis(2) of the Act, and that the labour inspectorate has no role in this. The Government adds that the Ministry of the Interior informs the Ministry of Human Resources and Emiratisation (MOHRE) about workers who are found to have breached the Federal Act concerning the entry of migrants into the country and their residence (as amended) so as to enable the MOHRE to confirm that these workers have secured all the rights resulting from their past employment relationship (including wages and benefits). In this respect, the Government indicates that the files of 1,052 irregular workers in 2014 and 857 irregular workers in 2015 were referred to the MOHRE and that a total amount of 719,023 Emirati dirhams (AED) (about US$200,000) was paid to these workers in 2014 and 2015. The Government further refers to the investigation units set up by the MOHRE at the Ministry of the Interior responsible for the reimbursement of all financial entitlement and decisions on regularization requests made by migrant workers (according to the Government, 106 out of 692 regularization requests were granted in 2015). The Government also indicates that temporary work permits were granted to migrant workers: (i) where their cases were referred to the judiciary by the MOHRE; and (ii) where the Wage Protection or Labour Relations Department issued a report that an undertaking had not paid wages to a worker for more than two months.

The Committee requests that the Government provide information on whether the practice of joint inspection visits carried out with the police units of the Ministry of the Interior continues and, if it is the case, that consideration be given to the need to separate the functions of the police from the activities of the labour inspectorate.

Noting the Government’s indication that the MOHRE is responsible for assisting workers in securing their entitlements to outstanding wages and benefits, the Committee requests that the Government continues to provide information on the number of migrant workers in an irregular situation detected, and the number of cases in which they have been granted their rights resulting from their past employment relationship (wages, compensation for overtime, social security benefits, etc.), including information on how the MOHRE carries out this task where workers have already been deported or repatriated. The Committee also requests that the Government continue to provide information on the number of requests made for regularization, and the cases in which such requests were positively answered (including information regarding what regularization entails, i.e. the granting of residence permits, the registration with the social security, etc.). The Committee also requests that the Government provide information on the preventive activities carried out to raise the awareness among migrant workers of their rights and obligations arising out of an employment contract.

Articles 3(1)(a) and (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) and availability of statistics on industrial accidents and cases of occupational disease. In its previous comment, the Committee noted the absence of statistics on industrial accidents and cases of occupational disease in the 2012 annual labour inspection report, and expressed the hope that the proposed establishment of a system for the electronic exchange of information between the MOHRE and the Abu Dhabi Health Authority would improve the collection of data through the communication of occupational accidents and diseases that were registered at hospitals.

In reply to its previous request on progress made in this regard, the Committee notes that systems for the monitoring of industrial accidents and cases of occupational disease have now been established at all hospitals in the Abu Dhabi Emirate, and that relevant statistics will be sent to the MOHRE through established channels until the electronic exchange system has been established. Concerning awareness-raising and preventive measures in the area of OSH, the Committee notes with interest the development of several smart applications (devised for use by the Government, employers, workers, medical doctors, health institutions and the society at large), aimed at raising awareness about OSH rights and obligations and the proper treatment of industrial accidents. According to the Government, these applications may help the Ministry to obtain information about OSH conditions in workplaces, make employers aware of the consequences in the event of failure to comply with their obligations, and enable workers to establish direct contact with the Ministry. The Committee also notes the Government’s reference to the Smart Guidance Device which contains awareness-raising material in eight languages to enable migrant workers to receive information in a language that they understand, and which helps labour inspectors to reach out and inform a great number of workers. The Committee requests that the Government continue to provide information on the progress made with the establishment of the electronic system for the exchange of information between the MOHRE and the Abu Dhabi Health Authority concerning occupational accidents and diseases. Having previously noted the Government’s indication that relevant information systems might also be established in other Emirates, the Committee requests that the Government provide information on any measures taken to this effect.

Articles 5(a), 7(3), 17, 18 and 21(e). Measures to promote cooperation between the labour inspection services and the judicial system. Effective enforcement of sufficiently dissuasive penalties. In its previous comment, the Committee noted the Government’s reference to the proposed establishment of a system allowing electronic access of departments at the MOHRE to the databases of the judiciary (to follow-up on cases that have been referred to the prosecution authority, as well as to learn about the sentences imposed). The Committee notes the Government’s information on progress made in this regard, in reply to the Committee’s request concerning the impact of this system. Concerning labour inspection, it notes the establishment of a system allowing for the electronic submission of cases by the labour inspection department to the courts in three Emirates, and the expected establishment of such systems in the remaining Emirates by the end of 2016. The Government explains that the electronic connection with the courts has enabled the labour inspectorate to electronically initiate legal proceedings, consult the database to view the progress made in the treatment of cases, and have access to the relevant court decisions. The Government adds that following the rendering of judgments, rapid action is taken for their implementation to safeguard workers’ rights, and to ensure that they obtain all their legal and financial entitlements. In this context, the Committee also notes the information provided by the Government concerning the improvement in the conciliation of labour disputes, through the establishment of labour courts at the labour offices of the MOHRE in two Emirates, to help expedite the litigation process and the handing down of judgments.

In this respect, the Committee notes that the Government has not provided the information requested in its previous report on the number of cases referred to by the courts, the judicial proceedings undertaken as a result, the legal provisions concerned and any follow-up initiated. The Committee nevertheless notes the statistical information provided by the Government concerning enforcement activities in the area of OSH, including the issuing of administrative fines, the initiation of court proceedings, and the suspension of transactions with the MOHLE, including the issuing of work permits. The Committee requests that the Government provide information on the progress made with the establishment of electronic systems connecting the labour inspectorate and the justice system in all Emirates. In this respect, the Committee requests that the Government provide detailed information on the number of cases referred to the courts, the judicial proceedings undertaken as a result and their outcome (conviction, acquittal, fine, prison sentence, etc.), the legal provisions concerned (such as in relation to OSH, working conditions, wages, passport confiscation, wages, etc.) and any follow-up initiated. It also requests that the Government provide information on the number of administrative fines issued by the labour inspectorate and the legal provisions to which they relate.

Articles 5(a), 16, 20 and 21. Regular communication to the ILO of an annual report on the work of the labour inspection services. Collection of statistics to enable the planning of labour inspection activities with a view to achieve improved coverage. The Committee notes that the Government has provided copies of the annual inspection reports for the years 2014 and 2015.

In this context, the Committee notes with interest the information provided by the Government on the signing of a technical cooperation agreement with the ILO in 2015 on a two-year programme relating, among other things, to the updating of the electronic labour market information system which will enable the collection of comprehensive data so as to determine labour policies, and strengthen the capacity of the labour inspection services. The Committee also notes the Government’s reference to a Smart Inspection System launched in 2013, which analyses the data in relation to registered workplaces based on different indicators (such as the information gathered from the submission of complaints, work permits granted, and results from self-evaluations in workplaces) as well as on information obtained from other government services. According to the Government, workplaces are subsequently classified into five levels and prioritized for inspection visits. Moreover smart inspection devices are being used by inspectors to enable targeted inspections and enter electronically data of inspection results. The Committee also requests that the Government provide information on the coverage of workplaces and workers by labour inspection visits as a result of the determination of priorities for inspection on the basis of improved data collection and analysis.