Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 81) sur l'inspection du travail, 1947 - Bahreïn (Ratification: 1981)

Autre commentaire sur C081

Observation

2022
2017
2012
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1992

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Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of the legislation in relation to the employment of foreign workers. In its previous comment, the Committee observed that the functions of the labour inspectorate appear to continue to include the enforcement of the legal provisions relating to the employment of foreign workers (in particular the registration of notices that foreign workers had fled from their employers) in cooperation with the authorities responsible for monitoring the nationality, passports and residence of workers, and that these activities had still resulted in the arrest of workers. The Committee further noted that there was no clear distinction between the functions of the labour inspectorate and the Labour Market Regulatory Authority (LMRA) (the body entrusted with controlling compliance with the working conditions set out in work permits of foreign workers), as both had duties linked to working conditions and the application of immigration law. The Committee requested the Government to take measures to ensure that labour inspectors would no longer be involved in workplace controls aimed at arresting, imprisoning and repatriating workers in an irregular situation from the standpoint of immigration law.

In this respect, the Committee notes the information provided by the Government in its report that measures have been taken to separate the functions of the labour inspectorate from those of the LMRA. In view of their different mandates and functions (the labour inspectorate is entrusted with controlling compliance with the provisions of the 2012 Labour Code No. 36, and the LMRA with those in the 2006 Labour Market Regulations Act No. 19), the Government emphasizes there are no joint inspection visits between these two authorities. However, the Committee notes from the information in the 2013 and 2014 annual labour inspection reports, that it appears that the labour inspectorate is still responsible for the registration of notices concerning foreign workers that have fled from their employers (the labour inspectorate received 1,783 such notices in 2013 and 1,199 in 2014). In reply to its request concerning the enforcement of the rights of foreign workers found to be in an irregular situation, the Committee notes the Government’s indication that the LMRA monitors the payment of wages of foreign workers and that it may refuse to grant additional work permits to employers who have failed to comply with the relevant legal provisions. The Committee understands from the explanations provided by the Government in its report that the LMRA only monitors the payment of wages to foreign workers in a regular situation, and does not concern workers in an irregular situation, including in such cases where they are liable to expulsion. The Committee requests the Government to provide further information on the functions of labour inspectors in relation to the notices made by employers concerning workers that are alleged to have left their employment, and urges the Government to take measures to relieve labour inspectors from any responsibilities relating to activities that are incompatible with the primary functions of labour inspectors as provided for in Article 3(1) of the Convention. The Committee once again requests the Government to specify how the labour inspectorate monitors the manner in which employers fulfil their obligations (such as working conditions, the payment of wages and other benefits due for work carried out) towards foreign workers in an irregular situation, in particular where these workers are subject to a deportation or expulsion order.

Articles 10 and 11. Number of labour inspectors and material means necessary for the effective performance of their duties. In its previous comment, the Committee noted that the number of inspectors and the material means available to them (particularly suitable offices and computers) were inadequate. It also noted that the expenses of labour inspectors when using their own cars were not always reimbursed. In this respect, the Committee notes the Government’s general reference to an increase in the number of labour inspectors and the modernization of the labour inspectorate, without providing further details. The Committee requests the Government to provide detailed information on the number of labour inspectors at the headquarters of the labour inspection departments and in the different regions, as well as on the material resources available (for example, suitably equipped offices, computers, printers, telephones, etc.), including means of transport. The Committee also once again requests the Government to provide detailed information on the reimbursement of travel expenses incurred by labour inspectors in the course of their duties.

Article 17. Effective enforcement of penalties for the violation of labour law provisions. In reply to its previous request to specify the enforcement functions of all labour inspectors working at the Labour Inspection Department, the Committee notes the Government’s indication that labour inspectors have the power to establish infringement reports concerning violations of the Labour Code and to refer criminal offences to the public prosecution. In this respect, the Committee notes from the information contained in the 2014 labour inspection report attached to the Government’s report that labour inspectors carried out 11,441 labour inspections in 2014. It further notes from the information in the same report that reference is made to 48 violations (concerning, for example, the payment of wages, compliance with working conditions in labour contracts, and the obstruction of labour inspectors in the performance of their duties), but that the report does not mention violations related to fundamental principles and rights at work and occupational safety and health. It also notes that reference was made to 17 infringement reports and that no information was provided on the number of follow-up actions taken or the penalties issued following the establishment of these infringement reports. The Committee requests the Government to provide an explanation for the low number of infringements detected (48 violations), and the low number of infringement reports issued (17) in relation to 11,441 labour inspections. The Committee also requests the Government to continue to provide detailed information on the number of violations detected, the legal provisions to which they relate (including those relating to fundamental principles and rights at work and occupational safety and health), the number of infringement reports, the number of cases brought to the courts, and the penalties imposed.

Article 18. Provision of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that the Government has provided the requested information concerning the penalties applicable in relation to a number of labour law provisions, including those related to fundamental principles and rights at work and the obstruction of labour inspectors in their duties. The Committee notes that the maximum fine for violations of equality, non-discrimination and freedom of association provisions is set at a low level. The Committee also notes that while labour inspectors are entrusted with the control of compliance with the provisions concerning working time and wages, no penalties are provided for non-compliance with the relevant provisions in the Labour Code. The Committee requests the Government to take measures to ensure that adequate penalties are provided for by national laws or regulations in relation to all violations of the legal provisions that are enforceable by labour inspectors.

The Committee is raising other matters in a request addressed directly to the Government.